The D.C. Circuit Will Rehear the Flynn Case En Banc
Look for the full appellate court to send the case back to the trial court - which is where it belongs.
Law & Government
Congress Wants To Regulate Big Tech. They Still Don't Understand It.
Plus: Trump suggests election delay, and more...
Don't Expand Coronavirus Unemployment Insurance
The negative impact of the program is well documented.
Congress Used the Antitrust Hearing To Peddle Petty Grievances Against Amazon, Apple, Facebook, and Google
The scary monopoly power on display Wednesday was the federal government's.
The Case for Replacing the Bar Exam With "Diploma Privilege"
The Covid pandemic strengthens the case for abolishing a requirement that should never have been imposed in the first place.
Immigration Hawk Kris Kobach's Senate Campaign Is Heavily Supported by Peter Thiel
Via a SuperPAC, Thiel is promoting conservative nationalism via the former Kansas secretary of state and current U.S. Senate contender.
The Next Coronavirus Stimulus Plan: More Spending, Smaller Unemployment Benefits, and Tax Breaks for Going Out To Eat
Senate Republicans announced Monday that the federal government will pay an additional $200 per week in unemployment benefits. The $600 per week benefits boost will expire on July 31.
'CARES' Package Part Two Is Coming, to the Tune of at Least $1 Trillion
Plus: Gun groups for black Americans are growing, a promising new study on opening schools, and more...
Law Review Editors: List Their Names (in Citations)
Failing to list all the authors on joint works is often unfair.
Should Congress Take Down Its Statue of Racist Chief Justice Roger Taney?
A bust of the Dred Scott author stands in the old Supreme Court chambers in the capitol.
Department of Homeland Security
The Headless Department of Homeland Security
The lack of Senate-confirmed officers at DHS is a serious problem.
The Majority of Americans Oppose Qualified Immunity. Where Is Congress?
American voters know what's up.
Chamber of Commerce and Other Employer Groups File Lawsuit Challenging Trump's Employment Visa Ban
The lawsuit raises a variety of important issues, including a nondelegation challenge. It could turn out to be a very significant case.
Is Congress Entitled to the Supreme Court's Deference?
SCOTUS is the least democratic branch. Is that a bad thing?
Michigan Gov. Gretchen Whitmer Wants President Donald Trump To Impose a Nationwide Face Mask Mandate
Whitmer's argument is short on facts and legal reasoning.
Rand Paul on Republican Plans for Another Coronavirus Stimulus Bill: 'They Simply Don't Care About the Debt'
Congress is currently debating what should be included in the next trillion-dollar (and counting) stimulus bill, but nothing is likely to pass this week.
Trump Deploys Lawlessness Against Lawlessness
The president’s heavy-handed response to protests against police brutality belies his promise of "law and order."
Congress Is Paying People a Lot of Money To Not Work
Though the unemployment insurance benefits boost eased the immediate pain of shuttering much of the economy, it made it harder to get things moving again.
American Airlines Reportedly Accused a Black Social Worker of Kidnapping the White Child In Her Care. Now She's Suing.
Never mind the court order showing the child as a dependent in her care.
Justin Amash's Tenure as the Libertarian Party's First Member in Congress Will Be Shortlived
Plus: Homeland Security memo worries masks will thwart their surveillance, the feds are snatching people off the streets in Portland, Congress takes up the D.C. shroom debate, and more...
Trump Humiliates Jeff Sessions One Last Time
Plus: White House drops student deportation plans, Breonna Taylor protesters arrested, Josh Hawley's fake rescue mission, and more...
Betraying Trump, Kavanaugh and Gorsuch Stay Loyal to the Law
Two centuries of precedents say the president is not immune from judicial process.
Should Schools Be Fully Reopened in the Fall?
The Reason Roundtable weighs in on the latest coronavirus policy debate.
Interesting Entrapment Case
"Using a bait-and-switch tactic, a detective posing as [eighteen-year-old] Amber chatted and flirted with DeMare online and via text message for four days as an adult before revealing on the fifth day that she was actually a minor."
President Trump's Use of the Pardon Power
An analysis finds that Trump is both more stingy and more self-serving than his predecessors in how he has used the pardon power to date
Trump Commutes Ally Roger Stone's Prison Sentence
Stone was set to report to federal prison to serve 40 months for lying to Congress and witness tampering.
After Dems Exaggerate Impact, Panicked Kids Are Suing Over Betsy DeVos Title IX Changes
Distorted partisan descriptions of the Department of Education changes could be doing real damage.
The Next Coronavirus Stimulus Package Should Also Repeal Tariffs
Abolishing tariffs would have short- and long-term benefits for the economy.
John Roberts Just Annoyed Everybody. Is He the New Anthony Kennedy?
The chief justice has managed to infuriate every major political faction.
"A Better Way to Limit Congress' Subpoena Power"—My SCOTUSblog Symposium Article on Trump v. Mazars
The article critiques the majority decision, and outlines a better way to limit Congress' subpoena power.
Preliminary Thoughts on the Mazars and Vance Cases [Updated with Link to my SCOTUSblog Article on Mazars]
Vance strikes me as compelling and correct. Mazars creates a complex and unwieldy balancing test.
Roberts, Gorsuch, and Kavanaugh Reject Trump's Assertion of 'Absolute Immunity' From State Criminal Subpoenas
The Supreme Court weighs the legality of subpoenaing Trump’s financial records.
BREAKING: Supreme Court Decides Trump Financial Records Cases and Fate of Eastern Oklahoma (Updated)
The Supreme Court rejected Donald Trump's claims of immunity, but reaffirmed limits on investigatory powers, and ruled in favor of Native American tribal claims against Oklahoma.
A Big Day for Religious Liberty at the Supreme Court
On the penultimate day of the October 2019 term, the Supreme Court expands the ministerial exception and upholds exemptions to the contraception coverage mandate.
Qualified Immunity Is a Test for Conservatives
The judicially invented license for police abuse undermines the rule of law and the separation of powers.
Supreme Court Reaffirms Traditional Severability Principles in Barr v. AAPC
In a decision considering federal limitations on robocalls, the Supreme Court reaffirmed its longstanding approach to severability.
I Don't Want To Be Anybody's Employee
The push to reclassify independent contractors is harming many of the workers it's supposed to help.
Lindsey Graham's Terrible Anti-Privacy 'EARN IT' Act Passes Senate Committee
This isn't a bill about fighting child porn. Don't fall for it.
En Banc D.C. Circuit Delivers Big Win for Landowners
The U.S. Court of Appeals for the D.C. Circuit rejects a procedural trick used by FERC to avoid judicial review.
Lawsuit Against 'Shitty Media Men' List Creator Can Proceed, Judge Says
Plus: Tech giants will testify in Congressional antitrust hearing, Seattle police clear out CHOP, and more...
Judge Luttig on How the D.C. Circuit Bungled the Flynn Case
Former federal judge Michael Luttig thinks that the D.C. Circuit did not really understand what was at stake.
House of Representatives Votes to Give D.C. Statehood
The House voted to recognize the District of Columbia as a state, but many obstacles still lie ahead.
When One Federal Agency Sues Another in Federal Court
If the U.S. Postal Service and the Postal Regulatory Commission disagree, does the case belong in federal court?
Supreme Court Rules Against Consumer Financial Protection Bureau, Says Agency's Format 'Clashes With Constitutional Structure'
SCOTUS rules 5–4 in Seila Law v. Consumer Financial Protection Bureau.
Why John Roberts Joined the Supreme Court's Democratic Appointees in an Abortion Case
Roberts dissented in 2016 when SCOTUS struck down an abortion law. What changed this time around?
My New Atlantic Article on Trump's Coronavirus Immigration Bans
The article explains why these policies, which made made America more closed to immigration than at any previous time in history, are both harmful and a dangerous executive power grab.
Rand Paul Tries (Again!) To Make It Harder for Police To Take Your Stuff
Federal civil asset forfeiture bill reintroduced as police reform efforts hit a partisan wall.
This Week in Policing Reform: Utah Outlaws Kneeling on Suspects' Necks, Memphis P.D. Ends No-Knock Raids
There's a lot going on. Here's a rundown of significant police reform news from around the country.
