Law & Government
Despite State Injunctions, Parents Say Texas Is Still Investigating Trans Kids for Potential 'Abuse'
When it comes to gender identity issues, some conservatives make a mockery of liberty and parental rights.
Republicans Set To Introduce National Late-Term Abortion Ban
Plus: Backdoor censorship on social media, how the airline bailouts failed, and more...
Border Officials Took This Woman's Cheese and Fined Her $1,000
Their case for the seizure is full of holes.
The Queen Is Dead. Anarchy in the U.K.?
Plus: The editors respond to a question about the Forward Party.
Maybe a Ceremonial Monarchy Can Show the Way to a Less Powerful State
The real danger to citizens is the use of coercive government power, no matter how it’s named.
The Supreme Court's Ruling in Bruen Was a Big Win for Gun Rights
You don't have to prove to a government official that you have “proper cause” to exercise your constitutional right, the Court ruled.
Community Fridges Are Facing Vandalism and Regulatory Challenges
The community fridge is a civic model that regulators should encourage, not seek to shut down.
After 975 Days, Washington's Governor Will Finally Relinquish His Emergency Pandemic Powers
Gov. Jay Inslee says Washington state's COVID-19 emergency will finally come to an end on October 31.
Senate May Take Up Federal Same-Sex Marriage Bill This Month
A compromise to protect religious freedom may bring on more Republican support.
Yep, Forcing Employers To Pay for Drugs That Violate Their Consciences Is Still Prohibited by Federal Law
A judge sided with a plaintiff who objects to procuring coverage for HIV-prevention medications. Rightly so.
Why Are Democrats Dragging Their Feet on the Electoral Count Reform Act?
Biden says Republicans are plotting a repeat of 2020 in 2024. Maybe Congress should do something to prevent that?
English Tests Are Just an Excuse To Block Immigrants From Licensed Professions
Why should the government care if massage therapists can speak English?
Chile Rejects Constitution That Would Have Banned 'Job Insecurity' and Disbanded the Senate
Whether voters will approve of whatever draft the government writes next remains to be seen.
Don't Blame Ranked Choice Voting. Sarah Palin Was a Bad Candidate.
Blaming the ballot system ignores the fact that many Alaskans simply did not think the former governor really represented them.
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...