Anthony Fauci Thinks Scientific Expertise Trumps the Rule of Law
The president’s COVID-19 adviser embodies the arrogance of technocrats who are sure they know what’s best for us.
Law & Government
Biden Begins Using Clemency To Ameliorate the Damage Done by the Draconian Drug Policies He Long Supported
The 75 commutations announced today, while impressive compared to the pitiful records of previous presidents, pale beside a huge backlog of petitions.
Courts Struggle to Articulate the Limits of Church Autonomy
They know there are limits—but what are they?
What Is Church Autonomy?
A primer on a religious liberty issue that went from a backwater to a hot topic in the last decade.
If the CDC's Mask Mandate Is 'Necessary for the Public Health,' Why Didn't the DOJ Seek a Stay To Restore It?
The Biden administration's main priority seems to be leaving the agency's authority vague enough to allow future interventions.
She Says Her Son Died After Smoking Insecticide While He Was Supposed To Be on Suicide Watch. Now She's Suing.
The lawsuit says there have been multiple deaths from neglect and poor suicide prevention policies at the Louisiana prison where Javon Kennerson died.
Fraud Prosecution for Specific False Statements About Meat Claimed to Be Halal Allowed,
though laws generally banning mislabeling food as “halal” (or “kosher”) violate the Establishment Clause.
Town Official Lies, Files Lawsuit When Someone Calls Him a Liar
A town attorney threatened a local activist with a frivolous lawsuit so she would stop criticizing him. She complied, and he sued her anyway.
Fauci Says CDC Mandates 'Should Not Be a Court Issue'
That's a fundamentally anti-democratic attitude.
Congress Won't Legalize Pot Anytime Soon, but It Could Protect Marijuana Businesses by Passing Banking Reform
Chuck Schumer seems less interested in achieving cannabis reform than in making political hay from his inevitable failure.
The DOJ Is Reluctant To Continue Defending the CDC's Mask Mandate Because It Worries It Will Lose Again
Clarifying the agency's authority could impede future power grabs.
Even If the CDC's Mask Mandate Made Sense, That Would Not Make It Legal
The decision against the rule hinged on whether the agency had the power it asserted.
High Inflation Means Rising Tax Bills
The current run of price and wage increases could tip taxpayers into higher brackets, where they will owe larger slices of their income to the government.
Tax Day Is Here, Because Government Bungling Won't Pay for Itself
If you resent government incompetence and malice, maybe your devalued dollars will buy less of it.
May the President Prospectively Appoint a Supreme Court Justice to a Seat that Is Not Yet Vacant? (Updated)
A newly released memo from the Office of Legal Counsel suggests the answer is "yes."
Dianne Feinstein and the Dangers of Gerontocracy
Plus: Wikipedia vs. crypto, Elon Musk takes on Twitter, and more...
Will the Supreme Court Consider the Social Cost of Carbon?
Not a single judge on the U.S. Court of Appeals for the Fifth Circuit sought to reconsider a stay of a district court opinion barring consideration of the Biden Administration's social cost of carbon estimates.
Local Lawyers Think 'Gross Negligence' Explains an Unlawful Murder Charge Based on a 'Self-Induced Abortion'
Starr County District Attorney Gocha Allen Ramirez has yet to explain how this egregious error escaped his notice.
A Federal Jury Delivers a Rebuke of FBI Entrapment
The agency’s tactics doomed the prosecution of defendants who allegedly planned to kidnap Michigan's governor.
Democrats Might Soon Rediscover the Value of the Filibuster
Some liberal political analysts are warning that Republicans will gain a big Senate majority over the next two elections.
Why Johnny Depp Is Suing Amber Heard in Virginia
The Pirates of the Caribbean actor is taking advantage of the state's lax laws that make it easier to file frivolous lawsuits intended to quell speech.
Texas Prosecutors Blatantly Ignored the Law When They Charged a Woman With Murder 'by a Self-Induced Abortion'
As Starr County District Attorney Gocha Allen Ramirez belatedly conceded, that charge is explicitly prohibited by the Texas Penal Code.
The Case for Pursuing the Issue of Russian War Crimes in Ukraine - Even Though Putin is Highly Unlikely to Ever be Tried and Punished
Putin and other Russian leaders are likely guilty of massive war crimes. And there is real, though limited, value to pursuing the issue.
COVID Stimulus Checks Worsened Inflation
Four economists at the Federal Reserve say America's high rate of inflation relative to the rest of the world is the result of surging disposable income during the pandemic.
My NBC Article on the Confirmation of Supreme Court Nominee Ketanji Brown Jackson
It explains why many of the reasons GOP senators gave for opposing Jackson were ridiculous, but also that there is nothing inherently wrong in opposing a qualified "mainstream" nominee based on differences over judicial philosophy.
From Pat Toomey to Dr. Oz: The Pennsylvania Senate Race Reflects the GOP's Descent Into Madness
Donald Trump's staying power and the decline of fusionism are on full display in this primary race.
Fresno Bans Journalists—and Everyone Else—From Filming Cops Clearing Out Homeless Camps
The ACLU of Northern California is suing to overturn the ordinance.
When Will Democrats Get Serious About Repealing Pot Prohibition?
Instead of building on Republican support for federalism, they seem determined to alienate potential allies.
Judge Bill Pryor Challenges Common-Good Constitutionalism
A recent lecture defends Originalist judging against its upstart conservative rival.
Elizabeth Warren's Wealth Tax Would Hurt More Than Just the 'Tippy Top'
Wealth tax proponents claim only super rich people would be affected. But to raise the revenue Warren, Sanders, and Biden want, they'd have to tax the "working rich"—doctors, lawyers, and other hardworking high earners.
Did Ketanji Brown Jackson Flout the Law When She Reduced a Drug Dealer's Sentence?
The Supreme Court nominee's critics say she clearly did, but several federal appeals courts disagree.
One Cheer for Stephen Breyer
Breyer led the charge against the court packers, denouncing them as shortsighted ideologues who threatened both judicial independence and bedrock liberal values.
My Appearance on Prof. Eric Segall's "Supreme Myths" Podcast
We discussed my book "Free to Move," the state of originalism, and other issues.
The House Just Approved Marijuana Legalization Again, but GOP Support Remains Nearly Nonexistent
Just three Republicans voted for the MORE Act, two fewer than in 2020.
Florida Sued by Activists, Students, Parents, and Teachers Over LGBT School Censorship Bill
The vague wording of the bill has led to a culture war fight about what the text means, and that’s never good for the First Amendment.
In Afghanistan, Private Aid Fills Void Left by Bureaucratic Failure
Small, private groups are working to feed the hungry and evacuate the endangered.
Veggie 'Meat' Maker Tofurky Wins Free Speech Challenge to Food-Labeling Law
Plus: Meta's campaign to smear TikTok, new research on immigrants and welfare, and more...
Deadly Pot Shop Robberies Underline the Need for Marijuana Banking Reform While the Senate Dithers
Majority Leader Chuck Schumer worries that approving the SAFE Banking Act would make broader changes less likely.
Here Is Why a Federal Judge Says Trump Probably Committed Felonies When He Tried to Overturn Biden's Election
A ruling in a dispute over emails sought by the January 6 committee agrees that Trump's actions likely violated two federal laws.
Louisiana Supreme Court Allows Police Officer's Lawsuit Against Black Lives Matter Organizer
DeRay Mckesson didn’t cause or encourage violence against police in Baton Rouge in 2016. The court says he can still be held responsible.
COVID Revealed America To Be a Nation of Rulers, Not of Laws
Life is returning to "normal" after two years, but that normal includes even fewer limits on executive powers.
