Democrats Unveil Policing Reform Bill
The bill includes many items on police reformers' wishlists, but it would also pump more federal money to police departments instead of shrinking their budgets.
Law & Government
Forbes Interview on How to Limit Presidential Power Over Immigration
In it I explain how to reform a federal law the Supreme Court has interpreted as giving the president nearly unlimited power to ban migrants from entering the United States.
What 9/11 and the Financial Crisis Teach Us About COVID-19
Sometime in 2021, the American people will be presented with a reorganized and newly empowered federal public health bureaucracy. As time passes, it will grow in size and scope.
Rep. Justin Amash Wants To End Qualified Immunity. Where Are the Republicans?
The GOP claims to be the party of freedom. If that's true, they should rethink policies that embolden bad police behavior.
3 Supreme Court Cases to Watch This Month
The justices weigh abortion, school choice, and federal anti-discrimination law.
The COVID-19 Recovery Is Starting. Extending 'Bonus' Unemployment Benefits Will Slow It.
If Congress extends boosted temporary unemployment benefits into early 2021, nearly five out of every six beneficiaries would be earning more money by not working.
Violent Protests in 1968 Helped Elect Richard Nixon. Will Today's Protests Help Trump?
Princeton's Omar Wasow talks about the complicated effects of civil rights demonstrations, police brutality, and racial fears on public policy.
Trump Says He'll Use Military Force To Restore Order in the States
Law enforcement, on his orders, violently dispersed nearby peaceful protesters.
Roberts Accuses Kavanaugh of Judicial Activism in Coronavirus Church Closure Case
"Although California's guidelines place restrictions on places of worship," Roberts wrote, "those restrictions appear consistent with the Free Exercise Clause of the First Amendment."
Videos Show Police Aggression Against Protesters Across the Country. Here Are Two Ways To Help It Stop.
Plus: the return of the "outside agitator" narrative, Trump can't designate Antifa a terror group, and more...
Should the Supreme Court Reconsider Keller v. State Board of California?
Do mandatory, integrated state bar associations violate the First Amendment? Two justices would like the Court to reconsider this question.
Congress' Pathetic Effort at Revoking Trump's Trade War Powers Has Failed
Sen. Chuck Grassley says it's dead because lawmakers feared upsetting the president.
Freedom for Me, Rule of Law for Thee
The right's response to the coronavirus lockdowns brings out a longstanding American paradox.
Trump's Illegal, Impossible Plan to Teach Twitter a Lesson
Plus: unrest in Minneapolis, Twitter labels Trump tweet, and more...
California's COVID-19 Shutdown Was Driven by Science. Until It Suddenly Wasn't.
It's great that Gov. Gavin Newsom is finally looking at costs and benefits. But don't kid yourself. None of it has anything to do with "science."
Surveillance Bill Yanked After Trump Tweets Veto Threat. Will It Be Changed for Better or Worse?
Weak reforms to the government’s power to secretly snoop on Americans wasn’t enough for the president. What happens next?
This Judge Is Wrong About Economic Liberty and the Constitution
A flawed argument for judicial passivity in cases of government regulation.
A Defense of Judge Emmet Sullivan
A former Bush Administration Justice Department official responds to Judge Michael Luttig's critique of Judge Sullivan.
House May Blow Its Chance To Protect Americans' Browser History From Federal Snooping
Sen. Wyden withdraws support for amendment due to fears it has been weakened too much.
Amendment Revived to Protect Americans' Internet Search Records From Warrantless Collection
The House will consider a surveillance reform proposal that failed in the Senate by just one vote.
Michael Luttig on How the D.C. Circuit Should Handle the Flynn Case
A former federal judge (and Supreme Court short-lister) on what Judge Emmett Sullivan (and his critics) got right, and got wrong
The CDC Is Still Botching the Coronavirus Testing Process
The disease control agency is a poster child for bureaucratic incompetence.
Do Tattoo Shops Have a First Amendment Right To Remain Open During a Pandemic?
The idea is not so far-fetched.
Another State Supreme Court Stands Up for Economic Liberty
Following Georgia's ruling in favor of a lactation consultant, Pennsylvania’s high court reviews another “unreasonable” occupational licensing scheme.
Trump's Threat to Withhold Federal Funds from States that Expand Voting By Mail Highlights Growing Menace to Federalism and Separation of Powers
A president who can attach his own new conditions to federal grants to states could use that power to undermine state autonomy on many issues - especially now that federal spending has been massively expanded during the coronavirus crisis.
Ohio Judge Deems the State's COVID-19 Lockdown 'Arbitrary, Unreasonable, and Oppressive'
The ruling says the state's top health official exceeded her statutory authority by ordering "nonessential" businesses to close.
Trump Is Gutting the Inspector General System, and Most Republicans Don't Care
Congress created inspectors general to be watchdogs, but it's too weak-willed to protect those watchdogs from retaliation.
Court Enjoins Enforcement of "Stay Safe Ohio" Order Against Gyms
A local judge has concluded the State Health Director likely exceeded her powers under the Ohio Constitution
A Third Option Beyond State Bailouts and Bankruptcy
John Baker and Robert Miller identify an alternative
A Pandemic Does Not Suspend the Rule of Law
Courts are beginning to recognize that public health powers, while broad, are not a blank check.
State Supreme Courts Stand Up for Economic Liberty While SCOTUS Falls Down on the Job
"We have long interpreted the Georgia Constitution as protecting a right to work in one's chosen profession free from unreasonable government interference."
A Nondelegation Challenge to Trump's Border Wall
An under-the-radar environmental lawsuit could provide the Supreme Court another opportunity to revive the nondelegation doctrine.
Why Do Rule 48(a) Dismissals Require "Leave of Court"?
A new paper by Thomas Frampton suggests most recent commentary concerning the Michael Flynn prosecution gets it wrong.
Justice Thomas Takes Aim at State Standing
In a brief exchange during a recent oral argument, the Justice suggested the Court should reconsider giving states "special solicitude" under Massachusetts v. EPA
Plans for Extended Unemployment Benefits, Wage Subsidies Risk Creating a Zombie Economy
Businesses need to be able to adjust to a world where COVID-19 remains an ongoing concern.
The Penalty-less Individual Mandate Is Severable from the Rest of the ACA No Matter How You Look at It.
We submitted another strange bedfellows amicus brief on severability in the Texas ACA case.
Wisconsin Supreme Court Says the State's COVID-19 Lockdown Violated the Rule of Law and the Separation of Powers
A seemingly arcane dispute about administrative law has profound implications for the limits of public health authority.
Senate Renews FBI Surveillance Powers With Modest Reforms
An effort by Sen. Rand Paul to forbid warrantless investigation of citizens was soundly defeated.
Will Breyer Side With Trump in Congressional Subpoena Fight?
The Supreme Court weighs the congressional subpoena power in Trump v. Mazars.
No, Jared Kushner Did Not Suggest That Trump Might Unilaterally Delay the Presidential Election
There is a difference between reporting facts that make the president uncomfortable and manufacturing facts to fit a preconceived view of him.
The Limiting Principle for Congress' Power to Subpoena Presidential Records Isn't Hard to Find [Updated With Response to Josh Blackman]
Why the Supreme Court can rule in favor of Congress in the Trump financial records cases without thereby giving Congress any unlimited power.
"Valid Legislative Purpose"
Do legislative subpoenas really need a limiting principle?
The Next Coronavirus Stimulus Bill Is Here. It's a $3 Trillion Spending Plan That Bails Out States and the Post Office.
The new bill includes another round of stimulus checks for all Americans, funds additional coronavirus testing, and spends billions to bail out states and government agencies straining under pension debt.
Is There Any Limit on the Congressional Subpoena Power?
There was a potentially pivotal exchange in today's Supreme Court oral argument over the House subpoenas seeking the President's financial records.
Sen. Mitch McConnell Looks To Undermine Efforts to Protect Americans From Secret FBI Surveillance
An amendment to a FISA renewal bill would let the FBI snoop on your online browser history.
Federal and State Governments Have Less Control Over Shutdowns Than They Think
Officials in six Pennsylvania counties say they will allow businesses to reopen without permission from the state government. Expect more of that.
