The American Bald Eagle Is Back - But Don't Credit the Endangered Species Act
Many things contributed to the rebound and recovery of the bald eagle, but the nation's foremost species conservation statute deserves little credit.
Law & Government
After 250 Years, Are America's Best Days Still Ahead?
We should heed Alexis de Tocqueville's warning: "A man's admiration for absolute government is proportionate to the contempt he feels for those around him."
Will Trump v. Barbara End the Birthright Citizenship Debate? (UPDATED)
The Court may have ruled on birthright citizenship, but the debate over birthright citizenship and the Fourteenth Amendment is likely to continue.
The New Transportation Bill Puts Special Interests Above Safety
Some safety recommendations are treated as essential—while others become negotiable once influential people object.
Conservation Commandeering Is Still Commandeering
Courts allow litigants to commandeer state and local governments under the Endangered Species Act.
Nancy Pelosi Is the Wrong Namesake for Berkeley's 'Institute for Representative Democracy'
If you want to devote an institute to "strengthening America's democratic institutions," you shouldn't name it for someone who degraded the public's trust in those institutions.
Trans Athletes Lose (in Court)
Plus: A 29-year-old DSAer wins, San Francisco's disappearing babies, and more...
Two Cheers for Chief Justice Roberts on the Unitary Executive
Trump v. Slaughter is a big win; Trump v. Cook is embarrassing given the posture of the case as explained in the dissents.
Neil Gorsuch Urges Supreme Court To Correct 2 Wrong Turns That Undermined Civil Liberties
The justice criticizes the Court’s endorsement of coercive plea bargaining and its embrace of dubious Fourth Amendment doctrines.
Gavin Newsom Is Totally Wrong About Taxes
Robby Soave and Amber Duke discuss Gavin Newsom's turn toward socialism.
SCOTUS Saves Birthright Citizenship
Robby Soave and Amber Duke discuss the Supreme Court’s rulings on birthright citizenship and transgender athletes.
Here Are Some Ways SCOTUS Can Constrain Federal Agencies That Are Now Subject to Trump's Untrammeled Control
The Supreme Court has "no shortage of tools" to enforce the separation of powers, Justice Neil Gorsuch notes. "The only real question is whether we will use them."
Supreme Court Affirms Original Meaning of Birthright Citizenship, Strikes Down Trump's Executive Order
Understanding Trump v. Barbara.
Gorsuch Warns About Executive Overreach While Expanding Trump's Power
The Supreme Court extended presidential control over federal agencies. What could go wrong?
Can Trump v. Slaughter be Used to Challenge the Continued Legality of Executive Agencies Congress Intended to be Independent?
If the laws requiring such agencies to be independent are unconstitutional, it may be that very existence of those agencies is also now illegal.
Can the Supreme Court Slaughter Slaughter Without Cooking Cook?
Tensions between today's two major presidential removal power decisions.
Can the President Fire Anyone He Wants? Yes, Unless the Target Is Part of the Federal Reserve.
In a pair of decisions on Monday, the Supreme Court ruled that presidents have full authority to fire heads of executive branch agencies—but that the Fed is different.
Marjorie Taylor Greene: 'You're Not Being Represented!'
Marjorie Taylor Greene discusses the future of the Republican Party, the resurgence of democratic socialism, and why the political establishment always wins
Supreme Court Ends Agency "Independence," Save for the Federal Reserve
As expected, the Supreme Court overturns Humphrey's Executor, but reaffirms the independence of the Federal Reserve.
A New Name for ENRD at the Department of Justice
The division will be renamed the "Energy and Natural Resources Division."
Should the Clergy-Penitent Privilege Be Abolished in Child Sexual Abuse Cases?
My new law review article defends long-standing principles: The privilege is not only constitutionally required, but it also helps to protect abuse victims by bringing sexual abuse to light.
"Employees Actually Do Not Have the Right to Believe That LGBTQ Rights Are 'Immoral'"
The Ninth Circuit allows a religious discrimination claim against Alaska Airlines to go forward, based on its firing of Christian flight attendants who objected on a company-run intranet to the company's statement in favor of a federal ban on sexual orientation and gender identity discrimination.
Local Officials Vow To Shield the Public from Virginia's Authoritarian New Gun Laws
A new chapter in the never-ending battle between centralized power and local control.
The Senate's Failure To Rein in Trump on Iran Is Part of a Long History of Congress Abdicating Its War Powers
War making in "the power of a single man" is not what the Founders intended.
New Jersey Supreme Court Requires Transparency for Facial Recognition Evidence
Prosecutors in New Jersey must disclose how the technology is used in criminal cases, the state’s Supreme Court ruled.
The Supreme Court's Badly Flawed Ruling in the Haiti TPS Case
Extensive evidence indicates that the decision to end Temporary Protected Status for Haitian migrants was motivated by unconstitutional racial and ethnic discrimination. The Court's ruling on statutory issues also has flaws.
Lawsuit Argues Hawaii's Harsh New Hemp Regulations Will Stifle Competition
A dispensary owner believes Hawaii’s hemp regulations are unconstitutional. He’s suing to stop their enforcement, but the law may not be on his side.
Supreme Court Lets Trump End Temporary Protected Status for Haitian and Syrian Nationals Residing in U.S.
Understanding the 6–3 decision in Mullin v. Doe.
Trump Administration Sweeps All of the (Other) Immigration Cases at SCOTUS
With the Birthright Citizenship case still undecided, the Trump Administration has prevailed in every other immigration case before the Court this term, and some are quite consequential.
Mamdani's Socialists Conquer New York City
Robby Soave and Jason Russell break down the socialist sweep in NYC, the latest in House of the Dragon, and the World Cup.
Why Did Congress Vote To End the Iran War After It Finished?
Democrats and Republicans alike dragged out the process to vote on the Iran war. Antiwar advocates say their vote still matters.
Darializa Avila Chevalier Will Be This Congress' First Campus Radical
A democratic socialist who favors the eradication of Western civilization just won her primary.
Elizabeth Warren Wants To Raise Taxes and Give All the Money to Senior Citizens
Her plan to fix Social Security's fiscal flaws would ask workers to cover the full cost. Some Republicans are supporting it too.
ICE Transfers Shouldn't Be Leaving Families in the Dark
Rapid transfers are cutting detainees off from their lawyers and families.
The Age of Stupid—and Self-Serving—AI Regulation Is Here!
Anthropic and OpenAI may not like current federal controls on their products, but it will be consumers who end up getting screwed.
D.C. Circuit Rejects Challenge to Trump Administration Expedited Removal Policy (Is an En Banc Petition to Follow?)
Is the D.C. Circuit willing to allow "conservative" panel decisions on hot-button issues to stand? And is en banc review more than a way to ensure further review at One First Street?
Rep. Ro Khanna Melts Down After Elon Musk Threatens To Sue
Robby Soave and Amber Duke discuss the recent online feud between Rep. Ro Khanna and Elon Musk.
Supreme Court Limits the Ability To Sue Prison Guards for Religious Liberty Violations
Understanding the stakes of Landor v. Louisiana Department of Corrections.
Buying Beer Is Both Legal and Illegal on Sunday Nights in Minnesota
An unplanned encounter with a silly, arbitrary (and improving) liquor law
On Marijuana and Guns, Clarence Thomas Still Wants To Limit Federal Power
The conservative justice continues to wage a lonely legal crusade over the Commerce Clause.
Can You Un-Impeach a President?
Democrats may revive impeachment if they take Congress in November. Trump and his allies, meanwhile, want his two impeachments erased.
Federal Court Strikes Down Immigration-Related Subpoenas of Minnesota Officials on Anti-Commandeering Grounds
The court ruled the subpoenas were part of an unconstitutional effort to coerce Minnesota state and local governments into giving up their immigration "sanctuary" policies.
35 Retired Federal Judges Slam Trump's 'Laughable' Defense of His 'Obviously Collusive' IRS Settlement
The DOJ's unilateral abandonment of the Anti-Weaponization Fund "makes it crystal clear that these parties were never adverse," the former judges argue.
Secret Emails Reveal Sketchy Tactics in California Public Health's Tobacco Ban 'Endgame'
Here are the sketchy tactics California’s public health agency is using to convince towns and cities to ban tobacco sales.
