State Legislators Want to Nullify Federal Gun Control
State legislators across the country are working to weaken the enforcement of federal gun laws by emulating immigration activists.
Law & Government
Senate Bill Would Ban Judges from Using Acquitted Conduct at Sentencing
The little-known but outrageous practice allows federal judges enhance defendants' sentence based on conduct a jury acquitted them of.
The $1.9 Trillion American Recovery Act Could Have Huge Implications for State Tax Policies
Six different states are already suing over a broad prohibition on tax cuts that was slipped into March's $1.9 trillion COVID relief bill.
No Heckler's Veto: Court Reverses $1.5M Nuisance Verdict Against Abortion Clinic, Which Was Chiefly Based on Actions of Protesters and Arsonists
A new decision from the Georgia Court of Appeals.
The PRO-SPEECH Act Is Anything but First Amendment-Friendly
The law would make a federal case out of every aggrieved internet user and compel companies to host messages they do not wish to platform.
The $2 Drug Test Keeping Inmates in Solitary
Reason tried out the field test kits used to test for drugs in prison. They were unreliable and confusing.
Keystone Pipeline's Cancellation Shows How Arbitrary Presidential Power Subverts the Rule of Law
Citizens and companies increasingly cannot count on the stability of the law when making decisions about their lives and businesses.
Judge Denies Request for Injunction to Keep Baseball All-Star Game in Georgia
The disastrous oral argument produced a quick ruling from the bench.
The 'California Dream' Isn't Dead. Yet.
California’s problems are indeed daunting, but even troubled San Francisco is still a lovely city.
The 9th Circuit Considers Whether the DEA's Classification of Marijuana Violates Federalism and the Separation of Powers
The puzzle of marijuana's Schedule I status invites a reconsideration of the agency's vast discretion to decide which substances should be prohibited.
Gorsuch Pushes Stronger Fourth Amendment Protections
Can a cop enter a suspect's home without a warrant if they're in pursuit and have probable cause to believe the suspect has committed a misdemeanor?
3 Young Minnesotans Sue the State for Their Right To Bear Arms
A new lawsuit challenges Minnesota's law requiring a person be at least 21 years old to carry a handgun.
Empowered by Voters, Pennsylvania Legislators Are Poised To End the Governor's 15-Month COVID-19 Emergency
The resolution is part of a broader movement to rein in executive power during emergencies.
Ohio Seeks To Declare Google a Public Utility
Plus: How Facebook killed blogging, the trouble with so-called common good originalism, and more...
Insane Lumber Prices Show How Governments Break Economies
Lockdowns, tariffs, and other market interventions made wood an expensive commodity.
Ron DeSantis Is Celebrating Twitter's Ban of Rebekah Jones. His Own Big Tech Law Could Force Them To Replatform Her.
Jones has been accused of fabricating her COVID-19 cover-up claims. Now she says she's running for Congress.
The Trouble With 'Common Good Originalism'
A new conservative faction embraces "authoritative rule for the common good."
The Senate's Industrial Policy Bill Is a Debt-Financed Corporate Giveaway That Lobbyists Love
The U.S. Innovation and Competition Act is a lobbyist-crafted proposal that funnels emergency spending to politically connected special interests.
The Federal Government Has Spent $46 Billion on Emergency Rental Assistance. The Rollout Has Been a Hot Mess.
Crashing website and impenetrable government bureaucracy greet the tenants and landlords trying to access billions in federally funded rent relief.
Detrimental Reliance and Stare Decisis
Insightful thoughts from Dean Vik Amar relevant to Ramos v. Louisiana
Can Republicans Be Persuaded To Restrict Qualified Immunity?
Polling shows a sharp partisan divide on the issue, but it also suggests that compromise might be possible.
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.
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.
