Gov. Gavin Newsom Clings to COVID-19 Emergency Powers
The state is scheduled to ease its lockdowns on June 15. But Newsom still wants the power to control the terms.
Law & Government
Legal Conventions and Criminal Law
Substantive criminal law consists of more than statutes and formal common law.
There Still Aren't Enough People Getting Back to Work
Using the process of elimination, the culprit seems clear.
New York Will Put To-Go Cocktails on Ice
Special interests are trying to stuff newfound alcohol freedom back in the bottle as the pandemic ends.
Why Is the East Side Poorer than the West Side?
A new paper suggests that pollution (and prevailing winds) may be part of the answer.
Public University Threatens To Monitor and Punish Off-Campus Student Behavior
Doing the wrong thing at an off-campus party could lead to on-campus consequences.
Why Would Republicans Want a Credible, Nonpartisan Investigation of the Capitol Riot?
From Mitch McConnell's perspective, an independent commission can only mean trouble.
The FBI Took Their Safe Deposit Box and Everything Inside It. Two Months Later, They're Still Waiting for It To Be Returned.
"When you've done nothing wrong, you shouldn't be subjected to an investigation," says Paul Snitko, whose box was seized in a March 22 FBI raid of a Beverly Hills business.
Do Democrats Realize They Need Republican Support To Legalize Marijuana?
The MORE Act, which was reintroduced today, is full of contentious provisions that go far beyond repealing federal prohibition.
Tech Groups Sue To Stop Ron DeSantis' Assault on Online Free Speech
“The Act is so rife with fundamental infirmities that it appears to have been enacted without any regard for the Constitution,” the lawsuit reads.
Departmentalism: What Is the Executive Role in Interpreting the Laws? A Panel Discussion
A panel from the 2021 Federalist Society Ohio Lawyers Chapters Conference
America's Semiconductor Industry Doesn't Need $52 Billion in New Subsidies To Stay Ahead of China
Industrial policy is the wrong answer to a problem that mostly doesn't exist.
The Fear That Abolishing Qualified Immunity Would Expose Cops to Ruinous Personal Liability Is a Big Fat Red Herring
A study of civil rights cases found that "police officers are virtually always indemnified" by their employers.
Perhaps the Shortest Standing Opinion You'll Ever Read
The Sixth Circuit made quick work of a district court opinion concluding Ohio lacked standing to sue for overdue Census data.
Texas Deputies Say They Were 'Molested and Traumatized' by Colleagues During Federally Funded Prostitution Stings
Plus: Georgia loses suit over anti-boycotting law, conservatives rally against Biden's IRS plan, and more...
Federal Cops Attacked a 70-Year-Old Vietnam Veteran and Then Avoided Accountability in Court
The Supreme Court declines to hear arguments in Oliva v. Nivar.
Pennsylvanians Voted To Limit Their Governor's Emergency Powers
Voters in Pittsburgh banned no-knock police raids and solitary confinement too.
States With Post-Pandemic Surpluses Are Still Getting Huge Federal Bailouts
California has a $75 billion budget surplus, but federal taxpayers are about to send the state $27 billion in additional aid.
Is 2021 the YIMBY Movement's Time to Shine on Capitol Hill?
A crop of bipartisan bills in Congress aims to reduce local and state regulations on new housing.
Immigration Is the Most Important Way To Beat China
The Senate’s Endless Frontier Act aims to spur innovation but leaves out immigration reform.
Supreme Court Won't Make Ban on Non-Unanimous Jury Convictions Retroactive
Bad news for hundreds of imprisoned defendants in Louisiana and Oregon
Americans Don't Want Schools To Punish Off-Campus Speech
Only students support extending the power to penalize speech, raising concerns about what they’re learning in school.
ACLU Study Finds Obama-Era Restrictions Failed To Slow Flow of Military Gear to Police
The study comes as House Democrats press to completely abolish the Pentagon program.
Stop Using the IRS To Subsidize Parenting
In response to Biden's child tax credits, Sen. Josh Hawley proposes paying parents $1,000 per month—if they're married—and $500 per month if they're single.
Biden's $1.9 Trillion 'Rescue Plan' Isn't Saving the Economy. It's Holding It Back.
The economic aid package paid people not to work. So it's no surprise that many aren't working.
Refusing To Show ID Is Not a Crime
George Wingate, who had pulled over on the side of the road to check an engine light, flatly refused to show his ID when a sheriff's deputy demanded it.
A Supreme Court Decision That Did Lasting Damage to the 4th Amendment
How pretextual traffic stops got the judicial stamp of approval.
Trump Is Right That Liz Cheney Was a 'Poor Leader' for a Party Dedicated to Indulging His Fantasies and Whims
By stripping her of her leadership position, House Republicans proved her point.
States Hope Labor Shortage Will Shrink as They Ditch Federal Unemployment Benefits
Plus: Remembering "sexual-subculture pioneer" Pat Bond, debunking gender gap hyperbole around jobs, and more...
How Detectives Caught the Golden State Killer—and Unleashed a Catastrophe for Civil Liberties
Police were finally able to catch the serial killer using DNA genealogy databases—violating many innocent people's constitutional right to privacy.
A Potential Way Forward for Nondelegation Concerns
Focusing on time and the "nondelegation baseline" would be one way to constrain excessive delegation.
Liz Cheney's Expected Ouster Shows the GOP Stands for Nothing but One Man's Whims
The main qualification of Cheney's likely replacement as chair of the House Republican Conference is her willingness to indulge Donald Trump's election fantasy.
Upcoming Federalist Society Executive Branch Review Conference
The online event features panels on a wide range of issues related to executive power, including one on federalism where I will be one of the participants.
When Eminent Domain Is Used for Economic Assassination
Government officials who wield land grabs to pick economic winners and losers now want to use them to kill disfavored businesses.
New Jobs Report Shows the Government Gets the Unemployment It's Paying For
High unemployment benefits are getting the blame for disappointing job growth in the midst of a worker shortage
If You Want To Fix the Country, Devolve Power
Revived federalism is a start, but it doesn’t go far enough.
Meet the Dream Team Suing the Biden Administration Over Your Right To Sell Your Kidney
Decades of advocacy from libertarian-leaning academics have failed to end the federal ban on kidney sales. Can a personal injury attorney from New York and a service dog trainer from New Jersey get the job done instead?
Court Says Snapchat Can Be Sued for Deaths of Trio Using App During Fatal Crash
Plus: The challenges of free speech on Twitter, the case against baseball bailouts, and more...
Federal Regulators Require Rent Collectors To Lie About the CDC's Illegal Eviction Moratorium
The Consumer Financial Protection Bureau claims to be enforcing a law that prohibits "false or misleading representations."
Gorsuch and Kavanaugh Butt Heads in Major Immigration Case
“Our only job today, is to give the law’s terms their ordinary meanings and, in that small way, ensure that the federal government does not exceed its statutory license.”
A Minor League Baseball Bailout Would Be a Major Mistake
Taxpayers already spend millions to build minor league ballparks. Sen. Richard Blumenthal thinks they should financially support the teams, too.
The Red Flags in Biden's State of the Union Address
Plus: Is the coronavirus vaccine the most libertarian vaccine yet?
