When Will Democrats Get Serious About Repealing Pot Prohibition?
Instead of building on Republican support for federalism, they seem determined to alienate potential allies.
Law & Government
Judge Bill Pryor Challenges Common-Good Constitutionalism
A recent lecture defends Originalist judging against its upstart conservative rival.
Elizabeth Warren's Wealth Tax Would Hurt More Than Just the 'Tippy Top'
Wealth tax proponents claim only super rich people would be affected. But to raise the revenue Warren, Sanders, and Biden want, they'd have to tax the "working rich"—doctors, lawyers, and other hardworking high earners.
Did Ketanji Brown Jackson Flout the Law When She Reduced a Drug Dealer's Sentence?
The Supreme Court nominee's critics say she clearly did, but several federal appeals courts disagree.
One Cheer for Stephen Breyer
Breyer led the charge against the court packers, denouncing them as shortsighted ideologues who threatened both judicial independence and bedrock liberal values.
My Appearance on Prof. Eric Segall's "Supreme Myths" Podcast
We discussed my book "Free to Move," the state of originalism, and other issues.
The House Just Approved Marijuana Legalization Again, but GOP Support Remains Nearly Nonexistent
Just three Republicans voted for the MORE Act, two fewer than in 2020.
Florida Sued by Activists, Students, Parents, and Teachers Over LGBT School Censorship Bill
The vague wording of the bill has led to a culture war fight about what the text means, and that’s never good for the First Amendment.
In Afghanistan, Private Aid Fills Void Left by Bureaucratic Failure
Small, private groups are working to feed the hungry and evacuate the endangered.
Veggie 'Meat' Maker Tofurky Wins Free Speech Challenge to Food-Labeling Law
Plus: Meta's campaign to smear TikTok, new research on immigrants and welfare, and more...
Deadly Pot Shop Robberies Underline the Need for Marijuana Banking Reform While the Senate Dithers
Majority Leader Chuck Schumer worries that approving the SAFE Banking Act would make broader changes less likely.
Here Is Why a Federal Judge Says Trump Probably Committed Felonies When He Tried to Overturn Biden's Election
A ruling in a dispute over emails sought by the January 6 committee agrees that Trump's actions likely violated two federal laws.
Louisiana Supreme Court Allows Police Officer's Lawsuit Against Black Lives Matter Organizer
DeRay Mckesson didn’t cause or encourage violence against police in Baton Rouge in 2016. The court says he can still be held responsible.
COVID Revealed America To Be a Nation of Rulers, Not of Laws
Life is returning to "normal" after two years, but that normal includes even fewer limits on executive powers.
My New Article on "Nondelegation Limits on COVID Emergency Powers: Lessons from the Eviction Moratorium and Title 42 Cases"
The eviction moratorium and Title 42 "public health" expulsion cases have many parallels that may have been ignored because of their differing ideological valence. Both strengthen the case for nondeferential judicial review of the exercise of emergency powers.
Ketanji Brown Jackson's 'Partial Tribute to the Judicial Philosophy of Originalism' Earns Conservative Praise
“I believe that the Constitution is fixed in its meaning,” said the Supreme Court nominee.
50 Years After Nixon's Commission Said Cops Should Stop Busting Pot Users, the Federal Ban Remains Unchanged
But 37 states allow medical or recreational use, and arrests are falling.
Progressive Lawmakers Ask Joe Biden To Do Their Jobs for Them With Executive Orders
Someone might want to remind them that Democrats have a majority in both congressional chambers.
This Jail Won't Provide Drug Addicts With Essential Meds
Inmates with opioid addiction suffered severe withdrawal after the Jefferson County Correctional Facility stripped them of their medication.
3 Questions for Supreme Court Nominee Ketanji Brown Jackson
The SCOTUS contender should discuss her views on congressional power, unenumerated rights, and qualified immunity.
Occupational Licensing Hurts the Vulnerable Without Helping the Public
Hispanics get slammed the hardest by licensing requirements that regulators can’t justify.
The New York Times Belatedly Admits the Emails on Hunter Biden's Abandoned Laptop Are Real and Newsworthy
A year and a half after the New York Post broke the story, the Times says it has "authenticated" the messages it previously deemed suspect.
Islamic Prenuptial Agreements in American Courts
The key is that they are agreements, enforceable under American law as non-religious agreements are.
Fifth Circuit Stays Erroneous District Court Injunction Against Social Cost of Carbon Estimates
In a brief per curiam opinion, the Fifth Circuit concludes the plaintiff states lack standing to press their claims.
'Grow Up': Yale Law School Students Interrupt Event, Demand Right To Talk Over Speakers
"FedSoc's decision to lend legitimacy to this hate group...profoundly undermined our community's values of equity and inclusivity."
We Can't Fund COVID Treatments for the Uninsured Because We Spent Trillions of COVID Aid on Wasteful Garbage
Congress used the COVID-19 pandemic as an excuse to throw money around in ways that would be comedic if the results weren't so tragic.
California NIMBYs Are Ruining U.C. Berkeley. Stop Them Before They Kill Again.
A California Supreme Court decision freezing enrollment at the state's flagship university is focusing the public's fury on the normally obscure, but incredibly consequential, California Environmental Quality Act.
Opponents of the Texas Abortion Ban Still Have Ways To Challenge It
Although a Texas Supreme Court ruling ended the main challenge to the law, other cases could ultimately block its enforcement.
Greenwashing Borders
For years, immigration restrictionists have borrowed arguments from the environmentalist fringe to make their case against allowing immigration to developed nations.
Earmarks Are Back, and They're Just as Sleazy and Secretive as Ever
Lawmakers packed $8 billion of pork into the omnibus bill that passed Congress last night.
Hey, Republicans: Stop Coddling Crazies and Puckering Up to Putin
Republican idiocy is setting back the cause of freedom.
Should Ketanji Brown Jackson Recuse in Harvard Admissions Case?
Does her position on Harvard University's Board of Overseers require or counsel her recusal once she is confirmed?
Court Says U.S. Cannot Expel Migrant Families to Countries Where They Face Harm
A federal judge wrote that migrants could face "horrific consequences" if expelled to certain places, particularly Mexico and Central American countries.
Libertarian Candidate Faces Uphill Ballot Battle To Challenge Marjorie Taylor Greene
Before she can make her case to the voters, Angela Pence has to collect signatures that she would not need if she were a Democrat or a Republican.
The Sex-Ad Law FOSTA Was a Mistake. Some Lawmakers Want to Fix It.
The SAFE SEX Workers Study Act would look at the impact of FOSTA and the seizure of sites like Backpage and Rentboy.
Congress Plans To Spend $1.5 Trillion This Year, Continues To Pretend the Deficit Doesn't Matter
Democrats hail the new budget agreement as "the largest increase in non-defense discretionary spending in four years" while Republicans tout a big boost in military spending. Everyone wins!
Great Moments in Unintended Consequences: Driving Days, Boat Taxes, Ghost Flights (Vol. 6)
Good intentions, bad results
Congress Seems Poised To Let the FDA Ban E-Cigarettes Containing Synthetic Nicotine
A spending bill provision would redefine "tobacco products" to include products that have nothing to do with tobacco.
