CBDCs Banned
Plus: Crime prevention, JFK assassination files, and more...
Law & Government
Debating Birthright Citizenship (Again) [UPDATED]
The arguments are not new. The willingness of an Administration to act on them are.
Federal Judge Blocks Trump's 'Blatantly Unconstitutional' Birthright Citizenship Executive Order
“I can’t remember another case where the question presented is as clear as this one is,” said Judge John C. Coughenour.
Congress Should Extend the Trump Tax Cuts. The Path Won't Be Easy.
Not doing so could be harmful for just about everyone.
How Trump Could Unilaterally Place Tariffs on Mexico and Canada
They are allied countries with which the U.S. has a trade deal (a deal negotiated by Trump, no less), but presidential emergency powers are nearly limitless.
The Twelfth Amendment and the ERA
New historical evidence on the ERA's invalidity.
Why Texas Lawmakers Tried To Stop America's First 'Shaken Baby Syndrome' Execution
Robert Roberson was sentenced to death based on outdated and largely discredited scientific evidence.
Trump's Aggressively Broad Executive Order on Transgender People
Like many of his other "Day 1" decrees, the order seems more concerned with scoring points in the culture war than advancing sensible policy.
The Country's Largest Police Union, Which Repeatedly Endorsed Trump, Is Dismayed by His Capitol Riot Pardons
The Fraternal Order of Police mistakenly thought that the president "supports our law enforcement officers" and "has our backs."
18 Months After Wildfires Destroyed Some 2,000 Homes on Maui, Only 3 Have Been Rebuilt
A thicket of red tape has made the island's rebuilding efforts painfully slow.
Stargate: Artificial Superintelligence in 4 Years?
The dawn of a new golden age?
With Executive Order Avalanche, Trump Continues Trend Toward a Monarchical Presidency
We have too much rule by decree by whoever currently holds the office of president and a pen.
Biden and Trump Show Presidents How To Abuse Clemency
Biden’s preemptive pardons and Trump’s blanket relief for Capitol rioters both set dangerous precedents.
Donald Trump's Chaotic and Contradictory Day 1
Plus: A listener asks the editors about the validity of using emergency measures to restrict movement during the L.A. wildfires.
Trump's Blanket Clemency for Capitol Rioters Excuses Political Violence
The president drew no distinction between people who merely entered the building and people who vandalized it or assaulted police officers.
Can Trump Rename the Gulf of Mexico With an Executive Order?
The most important thing in any name is not what some official institution or a collection of old maps says. Spontaneous order tends to rule the day.
Trump's Birthright Citizenship Order Doesn't Just Apply to Undocumented Immigrants
Children could be denied citizenship even if their parents are here completely legally.
In Session
Lawmakers across the country introduce bills to strengthen private property rights, crackdown on out-of-control regulators, and get the government out of micromanaging stairways.
Trump Must Choose: Tariffs or Lower Prices
Domestic deregulation will decrease the cost of living. Trade barriers will do the opposite.
Day 1
Plus: Pardoning the Proud Boys, revoking birthright citizenship, Elon Musk's not-a-Nazi-salute, and more...
Biden's Preemptive Pardons Undermine Official Accountability and the Rule of Law
His last-minute acts of clemency invite Trump and future presidents to shield their underlings from the consequences of committing crimes in office.
Trump's Illegal First-Day Executive Actions
Several of his announced actions are likely to be illegal, especially some related to immigration.
Do You Feel Equal Yet?
Plus: Fauci preemptively pardoned, hostages released, Inauguration Day, and more...
In Print: Sweeping Section Three Under the Rug
My latest article with Michael Stokes Paulsen is in print
New Episode: Reference Check
Dan Epps and I discuss Royal Canin v. Wullschleger and TikTok v. Garland on the latest episode of Divided Argument
Hours After Going Dark, TikTok Is Back
The popular video app restored service in the U.S. after President-elect Donald Trump promised to postpone a federal ban.
The Laken Riley Act Reminds Us: If a Law Is Named After Someone, It's Probably Bad
Riley's murder was an atrocity. But the law bearing her name is a grab bag of authoritarian policies that have little to do with her death.
Can a School Require Students to Learn about Sexuality and "Cisnormativity" Over Parents' Religious Objection?
In granting Mahmoud v. Taylor, the Supreme Court has agreed to consider this question.
Biden Attempts To Ratify the Equal Rights Amendment by Blog Post
Biden announced today that the Equal Rights Amendment is the "law of the land," but the Justice Department and the national archivist disagree.
These Lawmakers Actively Use TikTok Even After Voting To Ban It
With just hours to go before it is set to shut down, many senators and representatives are still posting on the app they claim is too dangerous for the rest of us to use.
SCOTUS Rules in Favor of TikTok Ban as Some Supporters Realize It's a Bad Idea
"I cannot profess the kind of certainty I would like to have about the arguments and record before us," writes Justice Gorsuch.
President Biden, the ERA, and Constitutional Vandalism
A deeply mistaken decision on the way out of office.
Regulation, Prohibition, and Litigation: Joe Biden's Busy Lame-Duck Period
Why should an unpopular president shape so much policy on his way out?
As Fires Burn, Private Firms and Personal Effort Step In Where California Officials Fail
Californians are turning to private firefighting and security, but officialdom gets in the way.
DEA Ends Airport Gate Searches After Years of Documented Abuses of Civil Asset Forfeiture
The Justice Department temporarily suspended the program in November because of "significant risks" of constitutional violations.
Does the SEC Have the Authority To Regulate Digital Art?
In a federal lawsuit, artists say their nonfungible tokens should be treated like physical art.
So…Is TikTok Really Getting Banned?
The Supreme Court appears poised to uphold a ban on the app, but many creators aren't so sure.
Can the Private Sector Really Replace All Government Functions?
I can't stand big government, but I think we need something. Michael Malice says I'm wrong.
If California Can Suspend Permitting Rules After Wildfires, It Can Abolish Them
It shouldn't take a disaster for the state to consider fixing the rules that make it so expensive to building housing there.
Legal Education Has Lost Its Way
Millions of Americans are denied legal representation, and law schools are churning out lawyers who can’t meet society’s needs. It’s time for a two-track system.
Americans Continue Migrating From High-Tax to Low-Tax States
Increasing mobility and remote work make taxes an important consideration in where to live.
The L.A. Fires Are a Natural Disaster, Not a Policy Disaster
The Golden State has many bad policies in desperate need of reform. It's not obvious they had more than a marginal effect on the still-burning fires in Los Angeles.
Hegseth Faces the Senate
Plus: L.A.'s price gouging crackdown, more Rachel Maddow in your life, and more...
Election Reforms Blocked by Elections
Ranked choice voting and nonpartisan primaries suffered a bad election cycle in 2024.
