Blundering Into Escalation in Ukraine?
Plus: A listener asks if it’s possible for bureaucracy ever to be good.
Law & Government
What's Next for Russia's War in Ukraine?
There’s no endpoint in sight to a war that threatens widespread consequences.
Banning 'Unconscionable Excessive' Gas Prices Is Risky Economic Nonsense
Democrats are trying to inject a political solution into an economic problem.
Republicans Defend Texas Social Media Law—and Compelled Speech
Plus: Twitter defends user anonymity, Oklahoma legislature approves abortion ban, and more...
Ninth Circuit Concludes Arizona Has Standing to Challenge Conditions on COVID Relief Funds
Language in the American Rescue Plan Act prohibits states from using the funds "directly or indirectly" to offset lost revenues from tax cuts.
Jerome Powell, Who Wildly Misjudged Inflation, Is Overwhelmingly Reconfirmed as Fed Chair
There is seldom any meaningful accountability for government incompetence.
Are Elephants People? New York's Highest Court Hears Case for Animal Personhood
Plus: School voucher program survives lawsuit, Biden invokes Defense Production Act for formula, and more...
Bad Day in Court for the Administrative State
Fifth Circuit panel finds several constitutional problems with the Securities and Exchange Commission
Isaac Chotiner Interviews Professor Laurence Tribe
A revealing interview on the Supreme Court, Chief Justice Roberts, climate change, and Tribe's tweeting habits.
Victories for Rand Paul, Pot, and Some MAGA Candidates in Primary Elections
Plus: a debate about sex work, Facebook blocks a baby formula recipe, and more...
Pennsylvania Voters Rejected the Political Establishment in Tuesday's Primaries
But the pitched battle for the GOP Senate nomination in the Keystone State is still too close to call.
Lawyer's Asking School Employee Whether She Had Ever Kissed a Woman Not Workplace Harassment,
when the lawyers are investigating allegations that the employee "had romantic or sexual feelings for one of the students she coached."
Former FDA Official: The Prohibition on European Baby Formula Isn't About Safety
"The knot in getting that product into the U.S. isn't safety, it's a regulatory issue," says Peter Pitts.
Ninth Circuit Upholds Dismissal of Claim Alleging Unconstitutional Police Mishandling of Rape Accusations
Plaintiff had shown the police cell phone messages in which she “casually discussed the sexual activity that occurred the night of the alleged rape and agreed to meet [the person she was accusing] again for a future sexual encounter,” and “told the alleged assailant that she ‘could make him lose his job’ after she discovered that he had remained active on the online dating website where they met.”
What Happens if States Ban Out-of-State Travel for Abortion?
Anti-abortion interstate travel bans would have multiple constitutional defects.
Judge Neomi Rao on "The Province of the Law"
A belated 2021 lecture sponsored by the Georgetown Center for the Constitution
Text and History for Thee but Not for Me?
The Court makes other people follow the text and history, but at least when it comes to certiorari, the justices lose their religion.
The Failed Senate Abortion Bill Went Far Beyond Preserving Current Rights
Without citing any constitutional authority to dictate state abortion policies, the bill would have overridden regulations that have been upheld or have yet to be tested.
The V.A. Bought 10,000 iPhones for Veterans. 8,544 of Them Were Never Used.
The department lost nearly $2.4 million on data plans for iPhones and iPads that sat in storage.
Gwyneth Paltrow's Gemstone-Encrusted Alpaca Wool Diaper Is…a Tax Protest?
"If treating diapers like a luxury makes you mad, so should taxing them like a luxury," said Paltrow.
Teacher Has Free Exercise Clause Right to Tell Parents About Their Children's "Preferred Names and Pronouns,"
despite a school policy that generally bars teachers from doing so. (For my views on the question, see the end of the post.)
The Supreme Court's Olmstead Power Grab
Olmstead isn't just a wiretapping case; it's where the Court took the power to preselect questions.
This Michigan Town Repealed a Ban on Fortunetellers, but Might Break State Law if It Tries To Regulate Them
Petoskey's draft ordinance would require both "legitimate" fortunetellers and people pretending to tell fortunes to be licensed, calling into question the sense of licensing at all.
Mandatory Employee COVID Tests Don't Violate Religious Freedom Rights or Fourth Amendment
The employee argued that "her faith in God 'will protect her from COVID-19 so there is no reason to take a test.'"
Did Congress Give the Court Power to Preselect Questions?
Congress gave the Court power to pick cases, but it never gave the power to pick questions.
Divorce Agreement Provision Requiring "Great Care Prior to Introducing" Child to Their Lovers
held to be vague and therefore unenforceable.
Josh Hawley Targets Disney With Copyright Legislation
Despite the senator's clear culture war animus, there are things to like about his bill.
A Brief History of Certiorari, Error, and Appeal
No matter how the case got there, the Court had to decide the whole thing.
Netflix Gets Discovery of Grand Jury Materials in Challenge to Prosecution Over Cuties
"Netflix alleges that Tyler County’s District Attorney, Lucas Babin, is 'abusing his office' through a 'singular and bad-faith effort' to maliciously prosecute Netflix in violation of the United States Constitution and in retaliation against Netflix for exercising its First Amendment rights."
Abortion and the Free Exercise Clause
What if a doctor feels a religious obligation to perform abortions, (e.g., because he believes doing so is necessary for him to be the Good Samaritan, by removing a threat to his patient's mental health)?
Marco Rubio Wants To Fight Abortion and Trans Battles in the Tax Code
Tax loopholes for corporations end up making it easier for politicians like Rubio to meddle in private decision making.
What the Leaked Abortion Opinion Gets Wrong About the Founding Era
Understanding state regulatory powers at the time of the founding.
Further Thoughts on the Dobbs Leak
There is much, much less in the leaked draft than meets the eye
Some More on Expert Witnesses in Libel Lawsuits
Former Congressman Alan Grayson, now running for the Senate in Florida, is producing some interesting caselaw.
Samuel Alito Thinks It's Obviously Absurd To Suggest That Drug Prohibition Violates the Constitution
The justice overlooks the long American tradition of pharmacological freedom and the dubious constitutional basis for federal bans.
Biden Brags About Falling Deficits, but the Federal Fiscal Situation Is Still 'Unsustainable'
Under current policies, Social Security and Medicare will consume 85 percent of all federal tax revenue by 2050.
Reversing Roe v. Wade Wouldn't be the First Time the Supreme Court Gutted Precedents that Protect Individual Rights - Far From it
That fact doesn't necessarily justify overruling Roe. Depending on how it's viewed, the history of such reversals may even counsel against further such moves.
