Democrats Don't Have a Filibuster Problem. They Have a Joe Manchin Problem.
The problem isn’t the GOP or Senate rules. It’s that Democrats can’t agree amongst themselves.
Law & Government
Why Carbon Pricing Is Preferable to Carbon Regulation
And, within those policies deemed "carbon pricing," a carbon tax is preferable to cap-and-trade.
First Abortion Doc Sued Under New Texas Law
Plus: The link between college and moral absolutism, environmental activists vs. Facebook, and more...
Most Opioid Settlement Funds Aren't Going to Addiction Services
Despite what the media and politicians have said, that isn't how this works.
Muslim Women Have First Amendment Right Not to Remove Head Covering for Booking Photos
The same logic would apply to Orthodox Jewish women, and to men who wear religious headgear,
Federal Court Rules Against Title 42 "Public Health" Expulsions of Migrants
The expulsions, ordered by the CDC for the supposed purpose of stopping the spread of Covid-19, are illegal for much the same reasons as was the CDC eviction moratorium recently struck down by the Supreme Court.
Florida Anti-Riot Law 'Violates the First Amendment,' Says Court in Scathing Rebuke of Gov. Ron DeSantis
The law's "vagueness permits those in power to weaponize its enforcement against any group who wishes to express any message that the government disapproves of," Judge Mark Eaton Walker warns.
The Justice Department May Have Found a Winning Argument Against the Texas Abortion Law
“The Supreme Court has repeatedly recognized the authority of the United States...to seek equitable relief to vindicate various federal interests and constitutional guarantees.”
This Private Eye Was Denied a License Because He Criticized Police
Free speech and occupational licensing collide.
The $700 Billion Gimmick at the Center of Biden's Tax Plan
Biden's plan will raise taxes on individuals earning as little as $30,000 annually by 2027, but that's just a trick to make the overall cost of the bill look lower than it really is.
A Win for Devin Nunes in Lawsuit Over Journalist Ryan Lizza's Tweet
Plus: "The endless catastrophe of Rikers Island," studies link luxury rentals and affordable housing, and more...
Judges Who Violate Due Process Rights For Personal Gain Just Got a Major Pass From This Federal Court
Judge Paul Bonin profited from making defendants wear ankle monitors. The victims can't sue.
Justice Breyer Thinks Supreme Court's Refusal to Intervene in SB8 Litgation Was "Very Bad"
The Justice continues his media book tour without commenting on his potential retirement.
Can Biden's Vaccination Rule for Private Employers Survive Judicial Scrutiny?
A broad standard with no exceptions better serves his goals, but it will be harder to defend in court.
Border Patrol Agent Wants SCOTUS To Make It Effectively Impossible To Sue Abusive Federal Officers
A precedent allowing federal officers to be held civilly liable for constitutional rights violations has come under fire.
Biden's $3.5 Trillion Spending Plan Will Leave Americans Poorer in the Long Run
A new analysis projects that private capital, wages, and America's GDP will fall over the next three decades if Congress passes the $3.5 trillion reconciliation package. But at least government debt will grow!
House Democrats Ready Taxes on E-Cigarettes and Cryptocurrency
Plus: Vaccine mandates are popular, Texas versus free speech, and more...
Judge Don Willett on Supreme Stalemates
An interesting exploration of what happens when high courts are evenly divided.
Biden's Vaccine Mandate Is the Latest Sign of the Presidency Becoming a Monarchy
The presidency has always been inclined to unilateral power—and many Americans like it that way.
Can the Federal Government Require Vaccination of Health Care Workers?
Exploring the legal issues raised by another of the Biden Administration's newly announced COVID policies.
A Backgrounder on the Proposed OSHA Vaccination Mandate and Likely Legal Challenges (Updated)
Why legal challenges to the new rule are more likely to focus on the details than on broad challenges to OSHA's authority.
Rights and Wrongs of Biden's New Vaccination Mandate Policies
Some parts are both good policy and legally unproblematic. Others - particularly the mandate imposed on private employers - are legally dubious and would set a dangerous precedent if upheld by courts.
The Biden Administration's 'Emergency' Vaccine Mandate May Be Vulnerable to Legal Challenges
OSHA has rarely used this option, which avoids the usual rule-making process, and most challenges to such edicts have been successful.
Where Does Biden Get the Authority To Mandate Vaccination?
Emergency OSHA rules are frequently struck down by courts.
Two Big New Ways the Biden Administration Plans To Overstep Its Pandemic Authority
Plus: The vaccine and abortion debates, a promising jobs report, and more...
Biden Admits He Can't Mandate Masks. Why Does He Think He Can Mandate Vaccines?
Biden's sudden embrace of a federal vaccine requirement seems inconsistent with his acknowledgment that he cannot mandate every COVID-19 precaution he'd like people to follow.
Why the Hell Has the FDA Not Approved Cheap Rapid COVID-19 Self-Tests Yet?
If they're good enough for Europeans, surely they're good enough for Americans.
Medicare Is About To Run Out of Money. Democrats Want To Make the Program Cost Even More.
The federal health care program is on track for a trust fund shortfall in just five years. But instead of paying for the program that exists, Democrats want to expand it.
The Texas Abortion Ban Violates Conservative Principles
S.B. 8 relies on litigation tricks that conservatives have long condemned as a threat to the rule of law.
How 9/11 Actually Changed Everything
Plus, why is no one talking about the Medicare Trustees' entitlement report?
Audio of Radio Program on Immigration and the Constitution
Yale Law School Prof. Cristina Rodriguez and I discussed this timely subject with host Stephen Henderson.
The Good and the Bad in the 666 Bills That Took Effect This Week in Texas
While libertarians will be inclined to applaud some of the new laws, others exemplify familiar conservative excesses.
Conservatives Should Worry About the Texas Abortion Law Too
The same legal ruse can be used against gun rights and other civil liberties, not just against abortion.
As Twitter Sex Trafficking Case Proceeds, Platforms Face an Impossible Dilemma
A federal judge says an anti-porn group's suit against Twitter can move forward, in a case that could portend a dangerous expansion of how courts define "sex trafficking."
Did the Supreme Court's DACA Decision Lead to the Biden Administration's "Remain in Mexico" Defeat?
Professors Zachary Price and Benjamin Eidelson offer competing takes.
Stephen Breyer Makes the Liberal Case Against Court Packing
In his new book, the 83-year-old justice warns court-packing advocates to “think long and hard before embodying those changes in law.”
COVID-19 Vaccination Should Not Be Legally Required for Parenthood
Only in extreme circumstances should a court come between a parent and their child.
Social Security Will Be Insolvent in 12 Years
Without policy changes, beneficiaries will receive only 78 percent of what was promised starting in 2034.
No, Police Officers Aren't Resigning in Droves
Compared to pandemic employment shifts in other fields, law enforcement numbers are fairly stable.
20 States Sue Over Title IX Guidance on Gender Identity
Plus: Biden's Afghanistan speech, Texas abortion ban takes effect, Instagram's creepy new plan, and more...
Is Administrative Law Either? A Debate
A Feddie Fight Night on the Administrative State featuring Prof. Gary Lawson and Prof. Nicholas Bagley
Crises Bring Out the Toddler in Power-Hungry Politicians
Thwarted politicians rant, pout, and are outraged by anybody who pushes back.
Biden Keeps Pushing Dubious Arguments for CDC Supremacy
The president seems determined to anoint the agency’s director as the nation’s COVID-19 dictator, no matter what the law says.
District Court Vacates Trump Administration "Waters" Rule, So What's Next for WOTUS?
The Army Corps and EPA were happy to have the Trump Administration rule remanded, as they are working on a more expansive replacement that will itself face legal challenge.
Key Medicare Fund Will Be Insolvent in Just Five Years
The health program won't be able to pay all of its bills starting in 2026, according to a new Trustees report.
Department of Education Will Launch Investigations Targeting States That Banned Schools From Mandating Masks
Not everything potentially beneficial should be mandatory and not everything potentially harmful should be banned. And not every dispute about costs and benefits should be decided by the federal government.
