If Trump Wants American Businesses To Thrive, He Should Get Rid of Government Subsidies
Federal subsidies undermine American companies, breed dependency, and stifle competition.
Law & Government
My Jotwell Review of Michael Ramsey's "The Originalist Case Against the Insular Cases"
The article makes a compelling argument that has broader implications.
Boston Judge Dismisses Over 120 Cases Because There Aren't Enough Public Defense Attorneys
After a pay dispute led to a work stoppage in late May, courts in Suffolk County, Massachusetts, dismissed cases of indigent defendants who had no legal representation for 45 days.
Trump's Birthright Citizenship Order Is Unconstitutional, Says the First Appeals Court to Consider the Issue
The judgment is not surprising, since the president's reading of the 14th Amendment contradicts its text and history, plus 127 years of Supreme Court precedent.
What Neil Gorsuch Gets Wrong About Judges and Government Power
Plus: Ozzy Osbourne, RIP.
SCOTUS Stays Injunction Against Removal of CPSC Commissioners
Further indication that independent agencies will not be "independent" much longer.
Marjorie Taylor Greene Is Dead Wrong About Outlawing Climate Geoengineering
An unholy alliance between MAGA and progressives to ban research on an emergency backup plan to cool the planet may be emerging.
Virginia Is Using AI To Identify Illegal and Redundant Regulations
While other states are focused on regulating AI, Virginia is using the technology to repeal regulations.
Police Officer Threatens To Run Over Protester for Filming on the Sidewalk
The city of Allentown has spent more than $2 million settling excessive force claims, and yet the police still crack down on civilians exercising their constitutional rights.
Society for the Rule of Law Webinar on "Tariffs and the Rule of Law"
I participated along with Andrew Morris of the New Civil Liberties Alliance.
Can Wall Street Survive a Socialist Mayor?
If Zohran Mamdani turns socialist rhetoric into policy, New York’s financial giants may not stick around to see how that plays out.
NYT: EPA Embarking on Endangerment Finding Fool's Errand
A new report suggests the Trump EPA is not content with cutting off stationary source regulation of greenhouse gases.
Universal Injunctions Are Dead; Long Live Universal Remedies?
Trump v. CASA was important, but it is not clear district courts have gotten the message.
Counsel, You've Suddenly Gone All Literary on Me
Plus, "He claims that, going forward, he will undertake certain 'remedial efforts,' including, inter alia, 'establish[ing] ... database reconciliation procedures involving resolution of discrepancies through direct consultation of archival legal resources and substitution of alternative, verifiable authorities where necessary.' Most lawyers simply call this 'conducting legal research.'"
Lawmakers Wonder Why a Mountain Climber Was Prosecuted for Climbing a Mountain
Two members of the House Judiciary Committee say the case against Michelino Sunseri epitomizes the overcriminalization that the president decries.
Major Orange Juice Importer Files Lawsuit Challenging Trump's Planned Brazil Tariffs
The case raises many of the same issues as our case against Trump's "Liberation Day" tariffs.
A Social Security Bailout Would Cost Younger Workers $157,000 in Higher Taxes
To keep Social Security solvent without cutting benefits would require a massive hike in payroll taxes, which would fall entirely on working Americans.
The Problem With the Supreme Court's 'Shadow Docket'
Plus: Did Mario Vargas Llosa write the world’s greatest political novel?
"Yes, The Founders Were Originalists"
A critical review of a new book on history and originalism.
For Years, Oregon Stole People's Home Equity Over Modest Tax Debts. A New Law Puts an End to That.
The state just cracked down on a form of state-sanctioned robbery, where governments seized and sold homes over minor tax delinquencies—and then pocketed the profits.
'Subway Surfing' Death Suit Against TikTok, Meta Further Chips Away at Section 230
Norma Nazario blames her son's death on social media algorithms.
Trump, Who Wants To 'Straighten Out the Press,' Sues The Wall Street Journal Over 'Fake' Epstein Letter
Whatever the merits of this particular defamation claim, the president has a long history of abusing the legal system to punish constitutionally protected speech.
Feds Try To Bankrupt a Moving Company for Hiring Strong, Young Movers
Nobody complained about the company, so federal bureaucrats launched their own crusade.
Federal Judge to Trump on FTC Commissioner Firing: No, You Can't Fire Whomever You Want
The ruling upholds protections afforded to officers of the "quasi legislative or quasi judicial agencies" created by Congress.
The CEO of NPR Made the Best Case for Defunding It
The notion that NPR can somehow become unbiased is about as believable as the IRS sending you a fruit basket to commend you for filing your taxes.
Eleventh Circuit Upholds For-Cause Removal Requirement for Administrative Law Judges
Will the en banc court agree? Will the Supreme Court?
Judicial Nominee Emil Bove Can't Recall Whether He Said the DOJ Might Say 'Fuck You' To Court Orders
The alleged incident goes to the heart of the objections raised by critics who worry about Bove's respect for the rule of law.
'Alligator Alcatraz' Detainees Say in New Lawsuit They're Being Denied Access to Their Attorneys
The lawsuit says attorneys have been repeatedly turned away from the detention camp and had virtual meetings mysteriously canceled.
Brazil's Rogue Court Is Receiving Global Blowback
Brazil’s judiciary has abandoned neutrality, with sweeping crackdowns on speech and political rivals. A U.S. tariff response signals the crisis has gone international.
Congress Cut $500 Billion in Energy Subsidies. That's Good—and Proof Reform Is Possible.
Green energy is promising. But subsidies distort the tax code, misallocate capital, and favor companies already in the game.
The Rescission Bill Reveals How Difficult It Is To Get Congress To Make Even Tiny Spending Cuts
The bill, which could pass the Senate on Wednesday, would trim 13 cents from every $100 of federal spending.
How Environmental Groups Use Hysteria To Get Rich—and Stop Progress
Most of Big E spends little on cleaning rivers or parks and far more on filing lawsuits.
Federal Officials Won't Admit the Real Reason for Ditching the TSA's Shoe Rule
The widely resented and ridiculed policy, which the U.S. was nearly alone in enforcing, never made much sense.
Defending the Court of International Trade Ruling Against Trump's Tariffs—A Reply to Estreicher and Babbitt [Updated]
Estreicher and Babbitt are right to conclude that Trump's tariffs violate the nondelegation doctrine, but wrong to reject other arguments against them.
Why a Trump-Appointed Judge Is Torching His Own Court's Approach to Qualified Immunity
Judge James C. Ho recently described a troubling phenomenon on the 5th Circuit and the government abuse it enables.
Senate Confirms First Judicial Nominee of Trump's Second Term. How Many More Will Follow?
Indications are that the second Trump Administration will not have as significant an effect on the Courts as the first.
Will Trump Actually Close the Education Department?
Plus: Cuomo has a hard time taking no for an answer, a pro-party manifesto, Trump's about-face on Ukraine, and more...
The Class Action Threat to Trump's Birthright Citizenship Order
Plus: A fond farewell to Black Sabbath.
What Do Progressives Want for the Courts?
There's a tension between Progressives' efforts to delegitimize the courts and hopes the judiciary to constrain executive power.
There Are Better Ways To Help Restaurant Workers Than No Tax on Tips
Helping servers takes more than a temporary tip tax break.
Trump Walks Back Talk of Abolishing FEMA
After criticizing the agency for being ineffective for months, the Trump administration now plans to reform it to supplement state disaster response efforts.
Bill Kristol Is Alarmed That a President Would Ship Accused Foreign Enemies to an Overseas Prison
The hawkish defender of Guantanamo Bay and the post-9/11 security state worries President Donald Trump's immigration crackdown is threatening civil liberties.
