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.
Law & Government
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.
A Pipeline Company Seized Their Land and Left Them With a $383,000 Bill. What Will the Supreme Court Say?
Leonard Hoffmann and his neighbors in North Dakota went to court to fight for fair market value—as the Constitution promises—after WBI Energy Transmission said it would take their land at a discount.
This Biotech Company Has Spent Nearly 3 Years in FDA Limbo
The FDA says it can't license Regenative Lab's overseas sales today because it might change its regulations tomorrow. Now, the company is suing.
One Federal Agency's Unused Office Space Costs 'Hundreds of Millions of Dollars' Per Year
According to a new report, nearly 90 percent of the Department of Transportation's owned or leased buildings are more than half-empty.
Justice Kagan Says Don't Call It the "Shadow Docket"
Justice Kagan tells Congress she prefers to call it the "emergency docket."
California's Local Governments Want State Taxpayers To Pay More, More, More
California local governments of every size are crying poor as they struggle with budget shortfalls.
Illinois Will Finally Stop Stripping People of Their Home Equity—3 Years After the Supreme Court Outlawed It
Gov. J.B. Pritzker signed a bill that promises property owners will receive the surplus proceeds when the government seizes their home to satisfy a tax debt.
Todd Blanche Describes the Huge, Unprecedented Favors Granted by Trump's IRS 'Settlement' as 'Typical'
During his confirmation hearing, the attorney general nominee repeatedly misrepresented the nature and scope of the sweeping immunity deal he approved.
A 22% Social Security Cut Is Coming. Will the Senate Act?
Once the trust fund is empty, Social Security can pay out only what it collects. Yet few candidates are talking about this in any serious way.
Thomas Massie Sparks a Democratic Civil War Over Israel
His amendment to cut all military aid to Israel split the Democratic Party almost evenly.
Death Metal and the Statute of Frauds (plus Alleged Cancellation Because of Sexual Assault Claims)
Contract law awaits us all.
No, Congress Can't Just Overrule the Supreme Court on Birthright Citizenship
Plus: An unconstitutional war is back on.
During His Confirmation Hearing, Todd Blanche Defends Trump's Blatantly Corrupt IRS 'Settlement'
Contradicting a federal judge, the acting attorney general, who blessed that cozy arrangement, insists it was not a product of collusion or self-dealing.
Lindsey Graham's Sister Tapped To Replace Him in the Senate
Robby Soave and Amber Duke discuss what's next for the U.S. Senate after Lindsey Graham's passing and Mitch McConnell's continued absence.
Utah's New Rule Allowing Propensity Evidence in Sexual Assault Prosecutions
While propensity evidence is generally inadmissible in criminal cases, an exception for sexual assault cases is both common practice and good public policy.
By Blessing Corruption, Todd Blanche Has Disqualified Himself From the Job He Wants
Trump’s nominee for attorney general has repeatedly subverted justice to benefit his boss.
Abdul El-Sayed Exposed After Rejecting Socialism Label
Robby Soave and Amber Duke discuss U.S. Senate hopeful Abdul El-Sayed's socialist beliefs.
As U.S. Starts 'New' Iran War, Lawmakers Want Answers About Deadly Elementary School Strike
A Tomahawk missile struck an Iranian school and reportedly killed over 100 children in February.
Debate: What Actually Happened to Rep. Ro Khanna in the West Bank?
Robby Soave and Amber Duke discuss the strange turn of events in the congressman's trip.
The Push for an Embargo on Israel Is Vague and Confused
Are critics talking about a government-to-government weapons embargo, or are they trying to shut down private trade? There's a big difference.
Taking the W
Developers rush to use California's new apartments-near-transit law, North Carolina eliminates parking requirements, and the federal housing bill finally becomes law.
Libel Defendant Can't "Stroll into a Deposition, Pull a Jon Lovitz and Announce," …
"'Yeah, I had no idea it was false. Yeah, that's right. Yeah,' then demand summary judgment because no one possesses contrary evidence from inside his head. That may be the ticket for comedy. It is not the ticket for summary judgment."
4 Takeaways From the Supreme Court's 2025–2026 Term
From executive power to civil liberties, what to make of a momentous year at SCOTUS?
'Government Totally Annihilated': How Americans Governed Themselves as British Rule Crumbled
America in the mid-1770s was a jumble of spontaneous formations amid the ruins of an empire.
A Federal Judge Slams Trump's IRS Lawsuit As a Pretext for Delivering a Phony 'Settlement'
U.S. District Judge Kathleen Williams concludes that the case never presented a true "case or controversy" because both sides were controlled by the president.
Trump's Tariffs Have Been Particularly Costly for Small Businesses
The Federal Reserve reports that small businesses were less likely to be able to avoid tariff costs during 2025 and are more pessimistic about employment and revenue in 2026.
How the Right to Trial Became a Legal Fiction
Half a century after approving coercive plea bargaining, the Supreme Court is beginning to recognize its costs.
How to Avoid Annoying Your Judge with Your Sealing Requests
Among other things, "Don't do things that shift work from lawyer to judge."
