Shutdown Showdown
Plus: the Epstein files, the officers who shot Alex Pretti, and more...
Law & Government
Dumping State Income Taxes Could Mean High Sales Taxes—or an Opportunity for Smaller Government
A new report warns that some plans for replacing income tax revenue rely on unrealistic assumptions.
Trump Administration Insists Blowing Up Boats Is Not 'Hostilities'
The legal rationale for bombing suspected drug boats in the Caribbean doesn't stand up to scrutiny.
Nondelegation and the Limits of Agency Authority After Consumers' Research and Loper Bright
A recent Federalist Society Teleforum Adam White and Ilan Wurman
Private Suit Commandeers New Hampshire Government to Maintain Vehicle Emission Inspections
The "Live Free or Die" state effectively acquiesces to unconstitutional commandeering of the state government under the Clean Air Act.
The Minneapolis Shootings Underline the Advantages of Body Cameras, Which DHS Has Been Slow To Adopt
A pending appropriations bill could increase transparency and accountability by requiring DHS personnel to record encounters with the public.
Democrats Advance 7 Bills Restricting Gun Rights in the Virginia State Senate
They’re not getting the whole “shall not be infringed” part of the U.S. and Virginia constitutions.
How Americans Are Fighting a British Censorship Invasion
A new bill in Wyoming aims to defend Americans against the U.K.’s online regulators.
South Carolina Gave $1.3 Billion to Scout Motors. It's Already $150 Million Over Budget.
The company is backed by Volkswagen but still received considerable funding from state taxpayers.
Judge Says ICE Violated Court Orders in 74 Cases—See Them All Here
The extraordinary document offers a glimpse of a national campaign by the federal government to deprive detained immigrants of due process rights.
Free Nations Don't Have To Care About the Whims of Elected Officials
Limited government means those in power can do limited damage to the rest of us.
Conservative 'Judicial Activists' vs. ICE
Why a conservative judge’s “patience is at an end” over Trump’s immigration crackdown.
Trump Says States Are Required To Enforce Federal Immigration Laws. He's Wrong.
"The Framers...designed a system in which the State and Federal Governments would exercise concurrent authority over the people," wrote Justice Antonin Scalia.
More Historical Evidence Showing that the Public Use Clause of the Fifth Amendment Does Not Allow Takings that Transfer Property to Private Parties
Harvard law Prof. Maureen Brady uncovers relevant evidence from late-nineteenth century state constitutional conventions.
Trump Issues Order Cracking Down on Corporate Homeownership
The president's order is not the comprehensive ban on large investor–owned housing that he promised. But it could still have a chilling effect on the single-family rental market.
Tom Homan Isn't the Solution
Homan is a bully with little regard for rights or the rule of law. And the problems with Trump's immigration tactics point back to the White House itself.
The Feds Who Killed Alex Pretti Are Heavily Shielded From Being Sued. Blame the Supreme Court for That.
It is nearly impossible to sue a rights-violating federal agent under current caselaw.
Democrats Plan To Block DHS Funding After Minnesota Killing. Republicans Should Join Them.
Senators should demand accountability for federal agents who hurt Americans—and demand the removal of DHS Secretary Kristi Noem and Border Patrol Commander Gregory Bovino.
Landmark Social Media Addiction Trial Starts Today in California
In the first social media addiction case to reach a jury, K.G.M. claims TikTok, YouTube, and other platforms are responsible for her depression, anxiety, and poor self esteem.
Is the Fourth the New Ninth? - 2026 Update
Another summary reversal of a Fourth Circuit AEDPA decision.
Congress Is Aiming To Avoid Another Shutdown by Spending More on Almost Everything
The bill includes $1 million for new elevators at New York City's Metropolitan Opera, among other wasteful earmarks.
ICE Turns Lawyers Away at Minneapolis Detention Facility
As arrests surge under “Operation Metro Surge,” attorneys say the Trump administration is again denying detainees meaningful access to counsel.
Religious Employment and Title VII: Part 4—Avoiding Serious Constitutional Problems
Rejecting a textualist reading of Section 702 in favor of a cramped co-religionist privilege would raise serious First Amendment objections.
Brett Kavanaugh Says Trump Threatens Federal Reserve Independence
Trump’s legal arguments “would weaken, if not shatter, the independence of the Federal Reserve,” the justice said.
A Trump-Appointed Federal Judge Orders Lindsey Halligan To Stop 'Masquerading' As a U.S. Attorney
The lawyer, who delivered the grudge-driven indictments that the president demanded, refused to relinquish her job after another judge ruled that her appointment was illegal.
Border Patrol Seized Her $40,000—Without Charging Her With a Crime
"We created a monster," says Brad Cates, who helped write civil forfeiture laws as director of the Justice Department's Asset Forfeiture office.
Mike Johnson Says He Has 'No Intention' of Letting Congress Vote on Trump's Tariffs
A House rule prohibiting tariff resolutions from coming to the floor will expire at the end of the month and is unlikely to be renewed.
"Defense Counsel Estimated That 90% of the Citations He Used Were Accurate,"
"which, even if it were true, is simply unacceptable by any measure of candor to any court."
Religious Employment and Title VII: Part 3—Resolving an Enduring Circuit Split
A textualist reading of the Title VII religious employer exemption resolves a long-running circuit split.
California's 'Billionaire Tax' Could Bite Harder Than Advertised
The proposed tax is already driving people and businesses to flee the state.
The Insurrection Act, Which Trump Keeps Threatening To Invoke, Is Alarmingly Vague and Broad
The antiquated statute arguably allows the president to deploy the military in response to nearly any form of domestic disorder.
Religious Employment and Title VII: Part 2—Reading the Exemption Textually
A textualist interpretation of Section 702 shows that the exemption applies when a religious employer confines employment to people who fit the employer's religious observances, practices, and beliefs.
Religious Employment and Title VII: Part 1—Civil Rights Law and the Tensions between Liberty and Equality
Understanding Title VII as a law designed to advance both liberty and equality helps to illuminate the statute's religious employer exemption.
Trump's 'Great Healthcare Plan' Has Promise but Should Add More Freedom for Americans
Empowering patients is good. Let’s give them a lot more choice and independence.
This 1996 Law Protects Free Speech Online. Does It Apply to AI Too?
Excluding generative AI from Section 230 could stymie innovation and cut off consumers from useful tools.
How the FCC Became the Speech Police
The constitutionally anomalous status of broadcasting invites government meddling.
How to Abolish ICE
Recent events in Minnesota bolster the already strong case for abolishing ICE - and for the plan of doing so by transferring its funds to ordinary state and local police.
Why Can't New York Get Rid of 2-Person Subway Crews?
Gov. Kathy Hochul vetoed a bill mandating two-person subway crews, but union contracts and bipartisan support ensure New Yorkers will keep paying for them anyway.
Trump's Push To Restore 'Truth and Sanity in American History' Tests Nonpartisan Institutions
Politically-motivated firings and increased executive branch scrutiny set “a dangerous precedent,” warns a former archivist of the United States.
When Is a Corporation Also New Jersey?
A few thoughts on the oral argument in Galette v. N.J. Transit Corp.
