Ron DeSantis' Misguided War on Woke
Plus: a lightning-round look at Super Bowl myths
Executive Branch
The Biden Administration Flirts With Imposing Nationwide Rent Control Via Executive Action
The White House's idea of using Freddie Mac and Fannie Mae to adopt rent control faces numerous legal and practical hurdles.
The Political Lies That Really Matter
From George Santos to Joe Biden, résumé padding is unacceptable. But it's all the lies about legislation we can't afford.
Sixth Circuit Upholds Injunction Against Biden Administration COVID-19 Vaccine Mandate for Federal Contractors
The U.S. Court of Appeals for the Sixth Circuit concludes the President exceeded the scope of his delegated authority.
This Congressman Wants the U.S. To Use Military Force Against Mexican Cartels
Like other authorizations for the use of military force—or AUMFs—it would be an unnecessary, unwise expansion of executive power.
The 5th Circuit Says the ATF Exceeded Its Legal Authority When It Banned Bump Stocks
The decision defends the separation of powers and the rule of law against an attempt to prohibit firearm accessories by administrative fiat.
It's Way Past Time To Release the Rest of the JFK Assassination Files
Joe Biden just declassified another batch, but the government is still keeping some under wraps.
Podcast on United States v. Texas
In this Federalist Society podcast on a major immigration case currently before the Supreme Court, I go over the issues at stake, and make some tentative predictions about the case's likely outcome.
Supreme Court Decides to Hear Second Case Challenging Legality of Biden's Loan Forgiveness Plan
Like the first case, it will be argued in February. In the meantime, the plan remains blocked.
Loan Forgiveness Litigation Roundup
This post covers significant developments in cases challenging Biden's loan-forgiveness plan other than the one Supreme Court has decided to hear.
Supreme Court Will Hear Case on Legality of Biden Loan Forgiveness Plan
In the meantime, the justices left in place a lower court injunction against the plan. That probably doesn't bode well for the Biden Administration's chances of winning.
Supreme Court to Hear Student Loan Forgiveness Case
The justices refuse to vacate the injunction against President Biden's student loan forgiveness policy, but accept certiorari.
Oregon Governor Pardons 45,000 Marijuana Offenders
The ACLU of Oregon is calling on other state governors to follow suit.
Biden Administration Asks Supreme Court to Lift Injunction Blocking their Massive Loan Forgiveness Program
The Supreme Court's resolution of this procedural issue may be a preview of the justices' views on the ultimate resolution of the student loan forgiveness litigation.
Kentucky Governor's Order Protects Medical Marijuana Users From Prosecution for Possession
To be eligible for a pardon, patients will have to obtain cannabis from other states and document their diagnoses and purchases.
Trump Says Taking Presidential Records to Mar-a-Lago Automatically Made Them His Property
According to the former president's lawyers, his decision to retain the documents made them "personal."
8th Circuit Rules States Have Standing to Challenge Biden's Loan Forgiveness Plan [Updated]
The decision overrules a trial court ruling and likely paves the way for a decision on the merits striking down the program.
U.S. Court of Appeals for the Eighth Circuit Enjoins Biden Student Loan Forgiveness Plan
A federal appeals court has entered a nationwide injunction pending appeal in Missouri's lawsuit against President Biden's student loan forgiveness policy.
Customs and Border Protection Chief Refuses to Step Down (UPDATED)
The Biden Administration has reportedly asked for Commissioner Magnus's resignation, but he has refused to go.
Biden Administration to Require Federal Contractors to Report and Reduce Greenhouse Gas Emissions
A new proposed regulation may test the limits of the Executive Branch's authority to impose regulatory requirements on federal contractors.
Biden's Student Loan Forgiveness Plan Is Unconstitutional, Says Federal Judge
Plus: Users surge on decentralized social media platform Mastodon, the fall of city drugstores, and more...
Yale Journal on Regulation Symposium on Peter Shane's "Democracy's Chief Executive"
Participants include Daniel Farber, Keith Whittington, Cristina Rodriguez, Lisa Heinzerling, and myself, among others.
Some Supreme Court Justices Want the Court To Tackle More Government Abuse Cases
Unfortunately, in five separate cases today, they're outnumbered.
Kansas Voters Could Give Legislature Power To Veto Executive Branch Regulations
The proposed constitutional amendment would shift the state's balance of political power.
Air Force One Cost Overruns Are a Reminder of How Expensive an Imperial Presidency Can Be
Boeing reports that the two new presidential shuttles its building will now be $2 billion over budget.
Biden Mistakenly Imagines That Congress Approved His Student Debt Cancellation Scheme
The lack of statutory authority is the main issue raised by legal challenges to the plan.
Outside the White House, Protesters Urge Biden To Release Nonviolent Marijuana Offenders
While Biden's mass pardons for those with low-level marijuana possession convictions were greeted with cautious optimism, protesters expressed frustration over Biden's lack of action to actually release those imprisoned for nonviolent drug crimes.
Biden's Marijuana Pardons Did Not Free a Single Federal Prisoner or Deliver the Expungement He Promised
A protest at the White House calls attention to the thousands of federal cannabis offenders who remain incarcerated.
Biden's Marijuana Pardons Could Benefit Some 10,000 People With Misdemeanor Records
That seemingly large number represents a tiny share of simple possession cases, which are rarely prosecuted under federal law.
Divided Government Is Good. In 2023, Bipartisanship Would Be Better.
From immigration to drug reform, there is plenty of potential for productive compromise.
Biden's Support for Pot Prohibition Belies His Recognition of the Harm It Causes
Even as he pardons thousands of marijuana users, the president stubbornly resists legalization.
Drugs, Debt, and Masculinity
Plus: The editors wade into the conversation surrounding the modern dilemmas men face.
Biden Says He's Pardoning 'All' Federal Weed Possession Offenders. He Isn't.
If you aren't a U.S. citizen or lawful permanent resident, you're out of luck.
Better Late Than Never on Weed, Kamala
Plus: A judge may recognize a poly romance, the Nobel Prize goes to economists "for research on banks and financial crises," and more...
National Constitution Center Project Offers Constitutional Amendment Proposals with Broad Cross-Ideological Support
The proposals were agreed on by members of the conservative, libertarian, and progressive teams participating in the NCC's earlier constitution drafting project.
Tom Cotton Says Biden's Marijuana Pardon Recipients Pleaded Down From More Serious Charges
In fact, most were caught on federal property with small amounts of pot.
What Biden's Weed Plan Really Means
Plus: lawsuit targets Roblox and Discord, 24 million immigration cases in backlog, and more...
Biden's Marijuana Reforms Are Long Overdue but Will Have Just a Modest Impact
The president's mass pardon does not extend to pot suppliers, and his rescheduling plans won't make marijuana a legal medicine.
What the FBI's Mar-a-Lago Warrant Does—and Doesn't—Mean
Even if a warrant wasn’t the DOJ’s only option, its choice to go this route doesn’t signal—let alone prove—anything about the future of the probe.
The U.S. Imprisoned a Civil Rights Leader on Bogus Charges in 1917. Will Biden Pardon Her Now?
A new petition seeks a posthumous pardon for Callie House.
Six States File Lawsuit Challenging Biden Student Debt Cancellation Program
The lawsuit has a more conventional - and stronger - basis for standing than that filed yesterday by the Pacific Legal Foundation.
The First Significant Lawsuit Challenging Biden's Student Loan Forgiveness Plan [Updated]
It was filed by Pacific Legal Foundation public interest lawyer Frank Garrison, and includes a novel strategy for getting around the problem of standing.
How the U.S. Paid for the Civil War
Lincoln's wartime governance had dire, and longstanding, economic consequences.
The Queen Is Dead. Anarchy in the U.K.?
Plus: The editors respond to a question about the Forward Party.
Maybe a Ceremonial Monarchy Can Show the Way to a Less Powerful State
The real danger to citizens is the use of coercive government power, no matter how it’s named.
After 975 Days, Washington's Governor Will Finally Relinquish His Emergency Pandemic Powers
Gov. Jay Inslee says Washington state's COVID-19 emergency will finally come to an end on October 31.
Assessing an Alternative Legal Justification for Biden's Student Loan Debt Cancellation Policy
Relying on Section 432(a) of the Higher Education Act of 1965, as some propose, has many of the same flaws as the Administration's emergency powers theory.
Will Biden's Student Loan Debt Cancellation Plan Hold Up in Court?
The president claims broad authority to act under a post-9/11 law.
