Efforts to Show that Exempting the President from the Scope of Section 3 of the 14th Amendment isn't Absurd Underscore that it Actually is
Harvard law Prof. Larry Lessig's attempt to prove otherwise misfires.
Harvard law Prof. Larry Lessig's attempt to prove otherwise misfires.
Plus: A listener asks the editors to consider the libertarian argument against shopping local.
The Court agreed to the special counsel's request for expedited briefing on whether to grant certiorari.
The U.S. Court of Appeals for the D.C. Circuit rejected the former President's attempt to claim presidential immunity covered his conduct on January 6.
Should a federal government that is nearly $34 trillion in debt and can't manage basic operations be micromanaging fast-food business purchases?
The Trump administration’s unilateral ban on bump stocks turned owners of those rifle accessories into felons.
Plus: A listener asks the editors about requiring gun buyers to pass a psychological assessment.
If Joe Manchin or Larry Hogan thinks he’ll be elected on a No Labels ticket, he’ll be sorely disappointed.
Newsom vetoed both reforms, which he deemed excessively permissive.
After five years without net neutrality rules, the fix for a problem that doesn’t exist is back.
A Republican, a Communist, and a Catholic conservative walk onto a movie set...
The governor's attempt to rule by decree provoked widespread condemnation instead of the applause she was expecting.
"He said, you strike, you're fired. Simple concept to me. To the extent that we can use that once again, absolutely."
The former president suggests he was not obliged to obey a subpoena seeking classified records.
New Mexico Gov. Michelle Lujan Grisham thinks violent crime gives her a license to rule by decree.
Politicians are throwing laws at the wall and seeing what sticks.
While there is some genuine politicization, it is not as great as often claimed. Proposals to undermine judicial review could easily end up empowering the very sort of authoritarian president progressives fear.
The lack of oversight and the general absence of a long-term vision is creating inefficiency, waste, and red ink as far as the eye can see.
Survey data casts doubt on the textualist rationale for the major questions doctrine that I and others have advanced. But perhaps not as much doubt as it might seem.
Plus: Why don't journalists support free speech anymore?
It has many good points. But I have some reservations and questions.
Donald Trump commuted Philip Esformes' sentence, but the Justice Department is bent on sending him back to prison.
A group of senators is challenging the conventional interpretation of Article 5's an-attack-on-one-is-an-attack-on-all provision.
The Court unanimously ruled the plaintiffs in that case lacked standing. But they might end up getting what they wanted more fully than anyone else involved in the legal battle over student loan forgiveness.
The article goes over the main reasons why the Court's decision was justified.
The administration will try this pathway as an alternative to the HEROES Act of 2003, which pathway was shut down by today's Supreme Court decision.
The 8-1 decision is a major win for Biden and executive enforcement discretion. I think the Court got the right result, but for the wrong reasons.
By taking records that did not belong to him and refusing to return them, William Barr says, Trump "provoked this whole problem himself."
The constitutional lawyer and criminal justice reformer talks about our two-tier punishment system and deep-seated corruption at the Justice Department.
The real banana republic danger is if high officials can commit serious crimes with impunity.
Legislators from both parties worry about unilateral power, but they use it when it’s convenient.
Supreme Court Justice Neil Gorsuch highlights a vital lesson from the COVID-19 pandemic.
No amount of experience can solve the "knowledge problem."
The former president reminds us that claiming unbridled executive power is a bipartisan tendency.
The stay is only temporary, and could be quickly lifted. But it's still a negative sign for the plaintiffs in the case.
The papers are for an upcoming conference on the topic of whether federal agency adjudication of private rights should be curbed or ended. There is a $2500 honorarium for authors of selected papers.
The former president says he did not solicit election fraud; he merely tried to correct a "rigged" election. And he says he did not illegally retain government records, because they were his property.
Under Walensky, the CDC's voluntary guidance was anything but.
Overruling Chevron won't gut the administrative state or even severely constrain it. But it could help strengthen the rule of law.
Regulations costing less than $200 million will no longer be considered "economically significant."
A Texas jury unanimously rejected Perry’s assertion that Garrett Foster pointed a rifle at him.
A government big enough to "solve" your minor irritants will do plenty of other stuff you don't like.
What at first appears to be deregulation is actually economic activism in disguise.
Legal scholar Ilan Wurman argues the controversial doctrine is justifiable on textualist and linguistic grounds.
The president wants to redefine federally licensed gun dealers in service of an ineffective anti-crime strategy.
The president and his predecessor both tried to impose gun control by executive fiat.
Critics claim the doctrine is obviously at odds with textualism. But that isn't the case.
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