Law & Government
Does Anyone Have Standing to Bring a Lawsuit Against Biden's Student Loan Debt Cancellation Policy?
The likely answer is "yes." There are three types of potential litigants who probably qualify.
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.
Our Constitution: "Well-Regulated Democracy," "In Its Principles … Purely Democratical"
I keep hearing the same (pointless, I think) claims that America is a republic, not a democracy. It's both a republic and a democracy.
The Biden Administration Finally Taps a Regulatory Czar
Noted environmental law scholar Richard Revesz will be nominated to head the White House Office of Information and Regulatory Affairs
The War on Terror Continues Apace in Africa
U.S. counterterrorism action in Somalia hasn’t been approved by Congress, but it rages on anyway.
Revenge of the Abortion Voters?
Republicans are losing ground in the wake of the Supreme Court overturning Roe v. Wade.
Not Everything Bad is "Anti-Democratic" - and that which is Democratic isn't Always Good
Tyler Cowen explains why it's a mistake to conflate democracy with what is good and just.
Virginia Can't Force Bookstores To Card Kids for Books on Gender and Sexuality
An effort to ban sales of two books to minors ended with a Virginia judge saying that the state’s obscenity statute is “unconstitutional on its face."
Why Won't the Biden Administration Join Gorsuch in Seeking To Overrule These Racist SCOTUS Precedents?
The Insular Cases “rest on a rotten foundation,” Gorsuch wrote.
Alaska Elected a Democrat to Congress for the First Time in 50 Years
Mary Peltola will only be the third Democrat, as well as the first Native Alaskan, to represent Alaska since it became a state.
This Tennessee Town Claims Restricting Protests Helps 'Facilitate' the First Amendment
A new ordinance in Franklin will restrict evening and weekend protests and subject violators to misdemeanor charges.
Orange County Settles With Woman Whose Baby Died After Authorities Stopped at Starbucks Before Hospital
Plus: California "Kid's Code" bill could mean face scans to visit websites, Michael Horn on reinventing schools, and more...
"It's Illegal for People Under 21 to Buy Canisters of Whipped Cream in NY"
UPDATE (see end of post): Perhaps this is just an example of the "chilling effect," where a law deters even behavior that it may not actually cover (perhaps in part because of how the law's own backers had initially described it).
Restoring the Guardrails of Democracy: A Libertarian View
Third post in the symposium on the National Constitution Center "Restoring the Guardrails of Democracy" project. Walter Olson presents the Team Libertarian Report.
The "Good Government Trilemma": Why We Can't Have Democracy, Accountability, and Big Government all at Once
Canadian legal scholar Leonid Sirota outlines some reasons why.
Courts Split on Whether the Feds Can Overturn These State Abortion Bans
Plus: "Reparations" for the news industry, the disappearance of starter homes, and more...
A Few Ideas for the Better Government Americans Desperately Want
From cronyist subsidies to an unfair tax code, there are several key fixes Congress could make to better serve the public.
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.
The Student Loan Forgiveness Fiasco
Plus: Spider study sheds light on how misinformation spreads, Airbnb regulation ruled unconstitutional, and more...
Eleventh Circuit Finds FDA Treatment of Vaping Product Marketing Applications to be Arbitrary & Capricious
The likelihood that the Supreme Court considers the FDA's treatment of vaping products is increasing.
Senate Candidate Dr. Oz, Who Once Sang Pot's Praises, Now Thinks Supporting Legalization Is Clearly Crazy
The former TV doctor, who two years ago said "we ought to completely change our policy on marijuana," mocks his opponent for agreeing.
Denver Police Hurt 6 Bystanders in a Shooting. So the City Cracked Down on Food Trucks.
The police admitted wrongdoing, but Denver moved forward with a plan to reduce crowds and crimes downtown—by targeting food trucks that did nothing wrong.
Georgia Supreme Court on Sincerity and Religious Exemptions
An unusually detailed discussion of what factors court should consider in deciding whether a religious exemption request is sincere (generally a threshold requirement for the request to stand any chance of prevailing).
Carolyn Maloney Loses to Jerry Nadler in Hotly Contested House Race
After redistricting, neither representative was willing to run in a different district, leading to a lengthy, expensive, and unnecessary campaign.
Redistricting in New York Will Cost a Longtime Democrat a House Seat
Despite an overwhelming sense that the country is headed in the wrong direction, the only way most voters will fire an incumbent is by voting for a different incumbent instead.
Tiny Homes for Las Vegas Homeless Demolished Over Code Violations
Plus: Trump sues over Mar-a-Lago raid, why people vote to "dismantle democracy," how Ireland ruined its rental market, and more...
Closing Borders to Russians Only Helps Putin
Ukrainian President Volodymyr Zelenskyy has said that Russians should "live in their own world until they change their philosophy." But keeping Russians isolated plays into Putin's hands.
John Fetterman Proposes Prosecuting Oil Executives for High Gas Prices
Ignoring the principles of supply and demand, Fetterman thinks high gas prices should be a matter for law enforcement.
ACLU Abandons First Amendment in Colorado Gay Wedding Web-Hosting Case
How do you justify government speech mandates? Apparently, you deliberately pretend that businesses have no right to control the messages they choose to present.
Marco Rubio's Libertarian Challenger Blasts the Senator as a 'Socialist'
Dennis Misigoy is unsparing in his criticism of both Rubio and likely Democratic nominee Val Demings.
Originalism and the "Major Questions" Doctrine
Originalist legal scholars Mike Ramsey and Mike Rappaport debate whether the major questions doctrine - an important theory underlying several recent Supreme Court decisions - can be squared with originalism or not.
Fact-Checking Industry Continues Providing Cover for White House's Unbelievable IRS Claims
"Most" new IRS hires, claims a gullible FactCheck.org, "will provide customer services."
A Case That Pits Gun Rights Activism Against Federalism
Gun control advocates may embrace the 10th Amendment.
