ACLU Study Finds Obama-Era Restrictions Failed To Slow Flow of Military Gear to Police
The study comes as House Democrats press to completely abolish the Pentagon program.
Law & Government
Stop Using the IRS To Subsidize Parenting
In response to Biden's child tax credits, Sen. Josh Hawley proposes paying parents $1,000 per month—if they're married—and $500 per month if they're single.
Biden's $1.9 Trillion 'Rescue Plan' Isn't Saving the Economy. It's Holding It Back.
The economic aid package paid people not to work. So it's no surprise that many aren't working.
Refusing To Show ID Is Not a Crime
George Wingate, who had pulled over on the side of the road to check an engine light, flatly refused to show his ID when a sheriff's deputy demanded it.
A Supreme Court Decision That Did Lasting Damage to the 4th Amendment
How pretextual traffic stops got the judicial stamp of approval.
Trump Is Right That Liz Cheney Was a 'Poor Leader' for a Party Dedicated to Indulging His Fantasies and Whims
By stripping her of her leadership position, House Republicans proved her point.
States Hope Labor Shortage Will Shrink as They Ditch Federal Unemployment Benefits
Plus: Remembering "sexual-subculture pioneer" Pat Bond, debunking gender gap hyperbole around jobs, and more...
How Detectives Caught the Golden State Killer—and Unleashed a Catastrophe for Civil Liberties
Police were finally able to catch the serial killer using DNA genealogy databases—violating many innocent people's constitutional right to privacy.
A Potential Way Forward for Nondelegation Concerns
Focusing on time and the "nondelegation baseline" would be one way to constrain excessive delegation.
Liz Cheney's Expected Ouster Shows the GOP Stands for Nothing but One Man's Whims
The main qualification of Cheney's likely replacement as chair of the House Republican Conference is her willingness to indulge Donald Trump's election fantasy.
Upcoming Federalist Society Executive Branch Review Conference
The online event features panels on a wide range of issues related to executive power, including one on federalism where I will be one of the participants.
When Eminent Domain Is Used for Economic Assassination
Government officials who wield land grabs to pick economic winners and losers now want to use them to kill disfavored businesses.
New Jobs Report Shows the Government Gets the Unemployment It's Paying For
High unemployment benefits are getting the blame for disappointing job growth in the midst of a worker shortage
If You Want To Fix the Country, Devolve Power
Revived federalism is a start, but it doesn’t go far enough.
Meet the Dream Team Suing the Biden Administration Over Your Right To Sell Your Kidney
Decades of advocacy from libertarian-leaning academics have failed to end the federal ban on kidney sales. Can a personal injury attorney from New York and a service dog trainer from New Jersey get the job done instead?
Court Says Snapchat Can Be Sued for Deaths of Trio Using App During Fatal Crash
Plus: The challenges of free speech on Twitter, the case against baseball bailouts, and more...
Federal Regulators Require Rent Collectors To Lie About the CDC's Illegal Eviction Moratorium
The Consumer Financial Protection Bureau claims to be enforcing a law that prohibits "false or misleading representations."
Gorsuch and Kavanaugh Butt Heads in Major Immigration Case
“Our only job today, is to give the law’s terms their ordinary meanings and, in that small way, ensure that the federal government does not exceed its statutory license.”
A Minor League Baseball Bailout Would Be a Major Mistake
Taxpayers already spend millions to build minor league ballparks. Sen. Richard Blumenthal thinks they should financially support the teams, too.
The Red Flags in Biden's State of the Union Address
Plus: Is the coronavirus vaccine the most libertarian vaccine yet?
In Oklahoma and Texas, Parents Who Let Their Kids Play Outside Will No Longer Fear Neglect Charges
The Reasonable Childhood Independence bills restore basic freedoms to kids and their families.
Biden Is Using the Pandemic as an Excuse for Permanent Expansions of Government Power
For Biden, the pandemic has become a catchall justification for a slew of big-government programs that he and the Democratic Party already wanted to pursue.
If Biden Truly Wanted To Create Jobs, He Wouldn't Support the PRO Act
Destroying the ability of freelancers to make a living is union protectionism, not economic opportunity.
Nondelegation Doctrine Lessons from State Experience
Two recent papers examine the state experience with nondelegation.
Democrats Learn to Love the Congressional Review Act
Senate Democrats vote to repeal a Trump Administration regulation easing restrictions on methane emissions.
Congressional GOP Doctors Urge Americans To Get Vaccinated Against COVID-19
Physician Rand Paul is curiously absent.
Biden Brings Back Plan for Free Community College
This is a subsidy for the schools, not the students.
This 87-Year-Old Republican's Bill Would Restore the Second Amendment Rights of Cannabis Consumers in States That Have Legalized Marijuana
Under current law, marijuana users who possess firearms are committing a felony punishable by up to 10 years in prison.
Beware of Big Presidential Speeches During Times of Crisis
Biden tonight, like LBJ in 1964, Ford in 1975, Reagan in 1981, and Obama in 2009, is ready to make some terraforming asks to a pliant Congress.
Webinar on the Economics and Law of Climate Adaptation
Adapting to Climate Change: Economic and Legal Perspectives featuring Matthew Kahn and Robin Craig
SCOTUS Just Agreed To Hear a Major New Second Amendment Case
The Supreme Court will hear arguments next term in New York State Rifle & Pistol Association v. Corlett.
Warrantless Border Searches Draw Call for Supreme Court Action
The feds say they can paw through your phone and laptop any time you enter or leave the country.
It Looks Like Lots of People Used Their Federal Stimulus Payments To Buy Weed
As stimulus checks started landing in Americans' bank accounts, demand for medical marijuana went through the roof.
California Has Seen a Staggering Amount of Unemployment Fraud During the Pandemic
But where is the outrage?
Are Sunstein and Vermeule Offering a Defensive Crouch Administrativism?
My contribution to the online symposium on Sunstein & Vermeule's Law & Leviathan
Tim Scott Is Proposing a Major Reform to Qualified Immunity
The GOP has resisted reining in the doctrine. That might change.
When Super Deference Is Not So Super
"Super Deference and Heightened Scrutiny" forthcoming in the Florida Law Review
Biden Applauds Derek Chauvin Guilty Verdict, Condemns Violent 'Agitators and Extremists'
Plus: An anti-tech crusader could be joining the FTC, threats to free speech at Columbia University, and more...
"Retroactive" Liability after Barr v. AAPC
Judge Stephanos Bibas "does not see how" he can follow the plurality opinion
Arizona Governor Bans Municipal 'Vaccination Passport' Mandates
Executive order leaves it to individual businesses, not the government.
Montana Becomes Latest State To Protect Free Speech With the FORUM Act
Now 14 states have legislation explicitly protecting free speech on campus.
The House Just Voted To Let Marijuana Businesses Use Banks. Again.
Maybe this year it will pass the Senate too.
Sixth Circuit Grants Habeas Petition for Lower's Court's Objectively Unreasonable Application of the Confrontation Clause
A liberal result (granting a criminal defendant's habeas petition) from a quite conservative judge (John Bush).
Notice & Comment Symposium on Sunstein and Vermeule's Law & Leviathan
A series of essays weighing Cass Sunstein and Adrian Vermeule's effort to redeem the administrative state.
Can Schools Punish Kids for Off-Campus Snapchats?
"The notion that a school can discipline a student for that kind of...non-harassing expression is contrary to our First Amendment tradition."
