Justice Breyer, Democracy, and Expertise
His judicial philosophy emphasized promotion of democracy, a theme in tension with his emphasis on the need for deference to expertise.
Law & Government
If This Is How America COMPETES, We're Going to Lose
Plus: College students and speech, state-funded pre-K fail, and more...
New York State Supreme Court Judge Strikes Down Statewide Mask Mandate
The New York State Supreme Court ruled that Governor Hochul and the health commissioner did not have the authority to mandate a masking requirement
Authoritarian Governments Ban Bitcoin Mining. The U.S. Shouldn't Join Them.
A House Energy Subcommittee Hearing entertains dangerous and disingenuous rhetoric against technologies for freedom.
Why the Supreme Court's Decision in NFIB v. OSHA May Be Even Worse News for Climate Regulation than You Thought
Insofar as the Court was concerned about pretext, it may be more difficult for the EPA to reduce greenhouse gases using regulatory authority to control emissions.
Joe Biden's Problem Isn't Bad Messaging. It's Bad Policy.
Will bipartisanship fix Joe Biden's presidency?
Supreme Court Grants Certiorari to Clarify the Scope of Federal Regulatory Jurisdiction under the Clean Water Act
The Sacketts get a return trip to the Supreme Court.
The Democrats' Voting Bill Is Dead, but Electoral Reform Isn't
The defeat of Democrats' voting rights legislation could lead to meaningful progress on election integrity.
Leave Goat Yoga Alone!
"We can't even do the things we want to on our own property that aren't even hurting anyone."
When Humanitarianism Prolongs the Inhumane
"A future of bloodless global discipline is a chilling thing."
Federal Judge Says Courts Don't Have To Buy 'Nonsensical Explanations' for Bad Regulations
Mississippi has banned new home health care licenses for more than 40 years, despite mounting evidence that the state's CON laws are raising prices and limiting access to care.
Anti-Tech Antitrust Bill Draws Criticism From All Sides
Plus: CBD could prevent COVID-19, gun owner privacy is at risk in California, and more...
The U.S. Export-Import Bank Is a Cesspool of Crony Capitalism. Biden Wants To Expand It.
Boeing may love an additional handout, but such subsidies will be a net negative for the country's economy as a whole.
Starbucks Rescinds Employee COVID-19 Vaccine Mandate
Starbucks has decided the vaccine mandate isn't good for their business
Bipartisan 'Innovation and Choice Online Act' Would Harm Innovation and Choice
In the name of fostering innovation and choice, the bill would accomplish neither.
A Tiny Alabama Town Is Growing Its Police Force by Fining Everybody in Sight
Brookside officers have been accused of fabricating violations and are being sued.
OSHA's Vaccine Mandate Illustrates the Perils of Reflexively Deferring to Government Experts
The question for the Supreme Court was not whether the policy was wise but whether it was legal.
Did Redistricting Reform Fail in Ohio?
Ohio's supposed reforms left lawmakers in charge of the mapmaking process, and a gerrymandered map was the predictable result.
Woolhandler on Public Rights, Taxation and Delegation at the Founding
Another contribution to recent scholarship on whether the Nondelegation Doctrine is properly rooted in the Constitution's original meaning and founding era understandings.
What Progressives Get Wrong About Judicial Review
Without judicial review, liberals confronting a Republican-controlled legislature will have no opportunity to seek constitutional redress in federal court.
Health Insurers Forced To Cover Rapid COVID-19 Tests Even Though They Don't Know How
While the rule is set to go into effect this weekend, companies are scrambling to figure out how to cover or reimburse people for the tests.
In the Case That Blocked OSHA's Vaccine Mandate, the Justices Disagreed About When COVID-19 Counts As a Workplace Hazard
The crux of the argument is the distinction "between occupational risk and risk more generally."
Additional Thoughts on the Supreme Court's Covid-19 Mandate Decisions
Assorted observations on yesterday's opinions, what they mean, and what comes next.
As D.C. Prepares To Implement a Vaccine Mandate, Matt Gaetz Tries To Block It
Gaetz has introduced a bill nullifying D.C. Mayor Muriel Bowser's order requiring people to be vaccinated to visit bars, restaurants, gyms, and other indoor venues.
'We' Didn't Increase the Debt. Politicians, Congress, and Bureaucrats Did.
Using "we" implies a collective responsibility, creates the false impression that most people are on board, and hints that we'll share equally in the benefits.
BREAKING: SCOTUS Stays OSHA Vax-or-Test Rule, Allows CMS Vaccine Mandate for Health Care Workers to Take Effect
By divided votes, the justices entered stayed t the OSHA Emergency Temporary Standard and stayed the lower court injunctions against the mandate that Medicare and Medicaid service providers require their employees to get vaccinated.
Sen. Sinema Savages Democrats' Shortsighted Filibuster Sabotage
Both parties want to kill the filibuster when they are in the majority, and that's exactly why it needs to stick around.
Democrats Want To Mail 3 N95 Masks to Every American
Plus: Civil war fantasies, a challenge to California's ban on felons becoming EMTs, and more...
Democrats Can Beat a GOP Filibuster Without Wrecking Senate Rules
Senate Democrats should avoid taking the easy, undemocratic way out.
Facebook Faces Federal Monopoly Lawsuit Again
Plus: Warren versus grocery stores, Cruz versus the FBI, DOJ's new domestic terror unit, why so many people are quitting their jobs, and more...
These Lawsuits Argue That Trump Conspired To Incite the Capitol Riot
Proving that claim requires more than reckless rhetoric, which is constitutionally protected.
Joe Biden Says He's Willing To Kill the Filibuster
If Democrats' voting rights bills are blocked, Biden says, "we have no choice but to change the Senate rules, including getting rid of the filibuster."
COVID-19, Major Questions, and Pouring New Wine from Old Bottles
Does it matter that the year Congress enacted the Occupational Safety and Health Act was as proximate to the Spanish Flu as to today?
Should Kuwaiti Student Challenging Title IX Sexual Misconduct Finding Be Pseudonymous,
in part because he is a citizen of Kuwait, “where ‘sexual activity outside of marriage goes against religious and cultural values’ and ‘sexual relations outside of marriage are illegal"?
All Politicians Are Unpopular—So Strip Away Their Power
Shrink the federal waistline for healthier communities.
The Supreme Court Seems Inclined To Block OSHA's Vaccine Mandate
Most of the justices appear to be skeptical of the argument that the agency has the power it is asserting.
Democrats May Pressure the GOP Into Making the Filibuster Meaningless
An old strategy that’s worked for Democrats before may work again.
Divided Sixth Circuit Panel Refuses to Stay Injunction Against Vaccine Mandate for Federal Contractors
The panel rejects the argument that the Federal Property and Administrative Services Act allows the federal government to require vaccination for nearly one-fifth of the American workforce.
May University Faculty/Staff/Students Sue Pseudonymously Over Limits on Religious Exemptions from COVID Vaccine Mandate?
Yes, says a federal court, partly because this particular challenge (to a policy “which only allowed religious exemptions for those individuals who are members of organized religions whose teachings entirely forbid vaccinations”) appears to be purely legal in nature.
The Case for Fixing the Electoral Count Act
Experts across the political spectrum support ways to forestall future efforts to use Congress to overturn presidential election results.
January 6 Doesn't Justify Wrecking the Filibuster
Plus: Yelling "fire" (literally and metaphorically), fundraising with non-fungible tokens, and more...
Texas' 6-Week Abortion Ban Threatens Every Constitutional Right
If it is upheld, state legislators easily could use the strategy embodied in S.B. 8 to attack other rights the Supreme Court has recognized.
