Law & Government
Trump Re-Ups the Anti-Weaponization Fund, Reinforcing the Demand That Todd Blanche Kill It for Good
The president is still pushing the idea of using taxpayer money to reward Capitol rioters, contradicting the attorney general nominee's assurance that it won't happen.
New York Wants a $36 Billion Cut From Kalshi, Calling It an 'Illegal Gambling Operation'
Casting Kalshi as an out-of-control gambling platform makes it easier for the state to take money from the company and its users.
A Serial Liar Likely Sent an Innocent Man to Florida's Death Row. Why Is He Still There?
Paul Skalnik was a career criminal and jailhouse snitch whose unbelievable testimony secured dozens of convictions—including that of Jim Dailey, who awaits execution.
Rand Paul's Biosimilar Drug Bill Could Cut Costs, Speed Patient Access
The Expedited Access to Biosimilars Act enables FDA approval of pharmaceutically equivalent biologic medications.
Meet The Spice Entrepreneur Challenging Trump's Newest Tariffs
"There is no domestic alternative" for peppercorns grown in Zanzibar or herbs from the south of France, says Ori Zohar, the former Shark Tank contestant taking the administration to court.
Trump's New Director of National Intelligence Is a Menace to Liberty
As U.S. attorney, Jay Clayton subpoenaed journalists for reporting embarrassing information about the president's new plane.
Updated Version of My Article "Immigration is Not Invasion"
It is now available on SSRN. This revision adds additional points, and takes account of various recent events.
Anthony Fauci Refuses to Answer Rand Paul's Questions After Diary Disclosures Go Viral
Robby Soave and Amber Duke talk about Fauci's appearance before Congress, where he pleaded the Fifth rather than address COVID's origin.
Trump Keeps Pushing Legally Dubious Tariffs
The president's latest round of broad import taxes, like the previous two, treats his statutory authority as an afterthought.
People Have Got To Try Being Normal About Caitlin Clark, Sophie Cunningham, and the WNBA
Plus: Congress struggling to regulate college sports, looking at the economics of World Cup hosts, and why are golf shows all the same?
There Are 150 Completely Uncompetitive House Races in This Year's Midterms
That's more than one-third of the House. Those districts include more than 84 million Americans, whose input doesn't matter.
My New UnPopulist Article on Why "Court-Packing is a Dangerous Gambit Best Avoided"
It responds to a creative court-packing proposal put forward by Andy Craig.
'AI Kill Switch Act' Won't Stop Rogue AI, but It Will Slow Down Innovation
A bipartisan bill would give the Department of Homeland Security sweeping power to shut down powerful AI systems, with serious costs for competition and security.
How Trump's Tariffs Undermine US Trustworthiness and Credibility—and What Can Be Done to Stop it
Economist David Hebert highlights an underappreciated danger of Trump's tariff mania. It's a serious problem, but one that can at least be mitigated.
Trump Says He Believes in Giving People a 'Second Chance.' For 6,000 People, the Answer Was No.
The administration this month denied thousands of clemency applications.
Bureaucracy, Labor, & Tariffs: How Government Is Making BLTs More Expensive
The BLT—a delicious celebration of the power of markets—exemplifies political attacks on the free movement of goods and people.
Court Notes Apparent AI-Generated Errors in Court Reporter's Transcript
"[W]e remind the Court Reporter that this court relies on transcripts being true and accurate representations of the transcribed proceedings."
Is There Actually an Error in the Supreme Court's Analysis in Loper Bright?
Did the Administrative Procedure Act apply in Chevron v. NRDC?
California's War on Goats Could Worsen the Wildfire Crisis
Standard minimum wage and overtime laws now apply to the state's goat herders, whose animals clear brush and reduce fire danger. The costs are unsustainable.
Second Lawsuit Challenging Trump's New Section 301 Tariffs Filed
It was filed by several businesses, including Learning Resources, Inc., which was also involved in the IEEPA tariff litigation.
In 39 States, People Can Be Sentenced to Life for Murders They Did Not Commit
The Sentencing Project highlights the perverse consequences of the felony murder rule, a vestige of British law that still prevails in federal courts and all but two states.
Liberty Justice Center Files First Lawsuit Challenging Trump's Massive New Section 301 Tariffs
The complaint explains why the tariffs violate the requirements of Section 301, and also run afoul of the major questions and nondelegation doctrines.
Trump's Newest Tariffs Are Likely Illegal Too
The Section 301 tariffs announced on Thursday overstep the powers granted by Congress and likely run afoul of the major questions doctrine.
Court Considering Whether Litigant Should Be Barred from Further Self-Represented Filings, Because of Fabricated Citations
The court orders the litigant to explain why she shouldn't be so barred, and notes that hallucinated citations are "a growing problem in Florida's appellate courts."
California's Prison Reform Experiment Worked. The State's Crime Rate Has Fallen by 27% in 15 Years.
Facts don't care about the GOP's "crime wave" feelings.
Trump Imposes Massively Harmful and Illegal Section 301 Tariffs
The new policy is based on sham investigations, and runs afoul of the major questions and nondelegation doctrine.
Justice Kagan Rejects Charge that Supreme Court Is "Rubber Stamp" for Trump Administration
In recent remarks before the Ninth Circuit Judicial Conference, Justice Kagan rejects the conventional liberal narrative about the Supreme Court.
"There Is an Error in the Supreme Court's Analysis in Loper Bright."
The Supreme Court's Chevron decision did not cite the Administrative Procedure Act perhaps because it was not an APA case.
Foreign Law in American Courts
Sharia Divorce Law in American Courts
An interesting demonstration of how foreign law—including Islamic law—is sometimes applied (pursuant to American law) in American courts.
Anthropic's $1.5 Billion Copyright Settlement Sets a Bad Precedent
The record settlement pushes AI companies away from a fair use fight they might have won.
Don't Blame AI for Your Own Medical Problems
A former pastor suing ChatGPT says the chatbot gave him life-threatening medical advice. But tech-enabled healthcare is not the problem.
This Bipartisan Senate Bill Would Make Your Google Search Results Less Useful
Regulating search results when AI is upending the industry is a fool’s errand.
From Weed to Whiskey: Is This the Supreme Court's Next Big Commerce Clause Case?
What’s at stake in Ream v. U.S. Department of the Treasury.
Will Courts Uphold the EPA's Rescission of the "Endangerment Finding"?
The legal arguments put forward by the EPA are weak and unpersuasive, and could undermine the Administration's position in other climate litigation.
The End of Independent Agencies
The death of Humphrey's Executor was foretold, but some of the consequences may not have been anticipated.
FCC Wants To Ban Drones It Already Approved for Sale
If the government wants consumer products pulled from shelves as dangerous, it should at least have to prove its case.
Supreme Court Agrees To Hear Case of Alaska Pilot Whose $95,000 Plane Was Seized Over a 6-Pack of Beer
Ken Jouppi's Eighth Amendment challenge asks the Court to decide whether a fine must be proportional to the gravity of the crime.
Is Court Packing Inevitable If Democrats Retake Congress and the White House?
Plus: a few words about The Odyssey
Trump Plans to Impose New Illegal Tariffs on Canada
The 50% tariffs on many Canadian imports are based on the long-defunct Section 338 of the notorious Smoot-Hawley tariff act.
Contradictions of Socialist Prison Abolitionism
Many "democratic socialists" want to abolish prisons. But this is in conflict with their objective of making many more activities illegal.
A Man Died of COVID at This California Detention Center. A Judge Just Ordered Sweeping Improvements There.
A federal judge ordered sweeping improvements to conditions at the Adelanto ICE Processing Center in California. Families say their loved ones died of neglect inside.
"Red Sox Spirit" and Constitutional Theory
A potential new approach to state constitutional law.
