Law & Government
Self-Checkout Is Under Fire Across the Country. Is Theft Really the Reason?
The restrictions are often framed as a crime prevention measure. But the fine print points to a different motivation: adding union jobs.
First Circuit Stays Court Order Commandeering New Hampshire (Though Doesn't Rely on Anti-Commandeering Arguments)
The appellate court rightly concludes that Gordon-Darby's lawsuit had multiple legal problems.
The Major Questions Doctrine Constrains Presidential Power Over Elections
It limits executive power grabs in this field, as well as others.
Trump Had 60 Days To End the Iran War. Instead, He's Just Pretending It's Over.
Legally, Trump must either cease operations or ask Congress for approval. He did neither, and Congress just went on recess.
Donald Trump's Deeply Disappointing Would-Be Assassin
Cole Tomas Allen's actions just don't make sense, even in his own words, or in a time of political polarization.
The Federal Government Once Tried To Restrict Prediction Markets. Now It's Suing States To Save Them.
In a bid to “reaffirm its exclusive jurisdiction” over prediction markets such as Kalshi, the Commodity Futures Trading Commission is suing six states for interfering in federally regulated financial markets.
The Self-Driving Car Fight in Congress Isn't Really About Safety at All
Bootleggers, Baptists, and the fight over who gets to write America's self-driving car rules.
Department of Homeland Security
DHS Funded
Plus: FISA reauthorization, driverless trucks in California, and an Epstein suicide note.
Foreign Law in American Courts
United Arab Emirates Law and Maine Courts
An interesting illustration of how American courts handle (correctly, I think) foreign marriages.
California Lawmakers Are Ignoring History by Boosting Pension Benefits as the State's Economy Teeters
After California made this same mistake in 1999, it took 12 years to dig out of the hole. Taxpayers footed the bill.
California Can't Define 'Hate Speech' But May Mandate Workplace Training Anyway
The term “hate speech” gets thrown around a lot, but it’s legally protected in the U.S.
Even Laws That Haven't Passed Can Have Unintended Consequences
Mere proposals can change the risk calculus for business and investors. Politicians, and the public, should be wary.
Europe Has Too Few Workers and Too Many Retirees. Cutting Immigration Will Make the Math Worse.
Europe’s resistance to immigration is a path to budgetary disaster.
SCOTUS Narrows the Reach of the Voting Rights Act
Plus: The Supreme Court says “demands for a charity’s private member or donor information” raises First Amendment problems.
Zyn Pouches Are Safer Than Cigarettes. Why Are Some Politicians Targeting Them?
Making less harmful products harder to get pushes people toward more dangerous ones.
Corn Belt Politicians Are Using High Gas Prices To Push Even More Carveouts for Ethanol
“The sale of E15 year-round would help the ethanol industry and no one else,” says one agricultural policy expert.
Solicitor General Asks Supreme Court to Eighty-Six Energy Conservation Rule
The Trump Administration is refusing to defend a D.C. Circuit decision upholding a flawed energy conservation ruie.
Defending the White House Ballroom, the DOJ Files a Trump Tantrum Masquerading As a Motion
The brief, which asks a federal judge to reconsider an injunction blocking the project, reads like it was transcribed from the president's Truth Social account.
Rethinking Conservative Approaches to Executive Power
Conservative legal commentator Gregg Nunziata outlines reasons why conservatives should reject broad views of executive power.
The Evidence Revolution: Why 'Take Nobody's Word for It' Really Matters
Beyond Belief explains how the "evidence revolution" is helping practitioners, policymakers, and the public understand what really works.
SCOTUS Weighs 'Geofence Warrants' and the Future of Digital Privacy
The government wants access to millions of cell phone location histories. The Supreme Court will decide what the Fourth Amendment allows.
Why the Federal Government Can't Charge Anyone With 'Domestic Terrorism'
Federal law defines the term but there is no federal statute to charge someone with "domestic terrorism."
By Dropping Her Criminal Probe of Jerome Powell, Jeanine Pirro Confirms Its Political Motivation
Even Republican critics of the Federal Reserve chairman's performance rejected the notion that he had broken the law by lying about the renovation of the central bank's headquarters.
Republicans Fumble Away Fiscal Conservatism in Stadium Subsidy Projects
Small-government conservatives are tripping over themselves to give millions of taxpayer dollars to billionaires.
Justice Breyer Says Not to Worry about the Shadow Docket
A retired liberal justice does not credit the shadow docket hysteria, nor does former Judge Michael McConnell
Why Homewrecking in North Carolina Could Cost You Millions
Some states still allow vengeful spouses to sue a third party for destroying their marriages.
Civil Liberties Groups Sue for Information on ICE's Speech-Chilling Subpoenas
The feds have been demanding that tech companies identify the administration's anonymous online critics. That violates the First Amendment.
Allowing Censorship of Military Retirees Like Sen. Mark Kelly Would Set a Chilling and Dangerous Precedent
To justify punishing a legislator for his speech, a FIRE brief notes, Defense Secretary Pete Hegseth relies on a Supreme Court precedent that is clearly inapposite.
Congress Still Has a Chance To Curb Section 702 Surveillance Abuses
Sen. Ron Wyden warns that Americans would be “stunned” at how officials have used the law.
The FBI's Alleged Probe of a Reporter for 'Stalking' Breaks New Ground in Criminalizing Journalism
The bureau reportedly investigated the author of a New York Times story that made FBI Director Kash Patel look bad.
Do the Supreme Court "Shadow Papers" Reveal Supreme Court Hypocrisy?
William Baude and Richard Re respond to a common narrative
Separation of Church and State
Federal Appeals Court Says Texas' Ten Commandments Law Isn't Indoctrination
The 5th Circuit upheld a controversial law requiring Texas schools to display the Ten Commandments.
What Would It Take to Tame the "Shadow Docket"?
Those who don't like how the Supreme Court handles requests for interim relief might like solutions to the problem even less.
A Rare SCOTUS Case That Pitted Thomas Against Alito
Plus: Does Trump expect to lose the birthright citizenship case?
No, FDR Did Not Pull America Out of the Great Depression
"The New Deal made investment in America a risky project," says economist Donald J. Boudreaux, author of The Triumph of Economic Freedom.
Reports of Abuse Pour Out of Federal Immigration Detention Centers
Deaths in ICE detention have hit a two-decade high, and allegations of medical neglect and poor conditions continue to surge.
Stephanie Barclay on "The Emergency Docket's Mistaken Birthday"
Contrary to what some believe, the Clean Power Plan was not the first executive branch action stopped on the "Shadow Docket."
Reading the Clean Power Plan "Shadow Papers" in Context
More of what's been absent from discussions of the recently released Supreme Court memoranda, with commentary by Davis and Re.
Virginia's Grotesque Gerrymander and the Bipartisan Death of Redistricting Reform
Republicans picked this fight, and Democrats responded by drawing some egregiously gerrymandered districts. In the end, voters lose.
A New Age-Verification Bill Could Make You Show ID To Use a Computer or Smartphone
Plus: The war with Iran is raising condom prices, increased legal liability for chatbot advice could backfire, and more...
The Lobster Triumphs
Plus: Tit-for-tat gerrymandering, D.C.'s flowing fountains, more war in the Strait of Hormuz, and more...
AI Hallucinations in Filing by a Top Law Firm
Remember: It could happen at your firm, too.
