Is Administrative Law Either? A Debate
A Feddie Fight Night on the Administrative State featuring Prof. Gary Lawson and Prof. Nicholas Bagley
Law & Government
Crises Bring Out the Toddler in Power-Hungry Politicians
Thwarted politicians rant, pout, and are outraged by anybody who pushes back.
Biden Keeps Pushing Dubious Arguments for CDC Supremacy
The president seems determined to anoint the agency’s director as the nation’s COVID-19 dictator, no matter what the law says.
District Court Vacates Trump Administration "Waters" Rule, So What's Next for WOTUS?
The Army Corps and EPA were happy to have the Trump Administration rule remanded, as they are working on a more expansive replacement that will itself face legal challenge.
Key Medicare Fund Will Be Insolvent in Just Five Years
The health program won't be able to pay all of its bills starting in 2026, according to a new Trustees report.
Department of Education Will Launch Investigations Targeting States That Banned Schools From Mandating Masks
Not everything potentially beneficial should be mandatory and not everything potentially harmful should be banned. And not every dispute about costs and benefits should be decided by the federal government.
California Court Rules Vegan Creamery Has First Amendment Right To Call Products 'Butter' and 'Cheese'
Who thought it was a good idea to give the government control over marketing?
Abortion Ban To Take Effect in Texas on Wednesday
Plus: Kids got more obese during the pandemic, how Section 230 protects gun rights, and more...
Critics of the SCOTUS Decision Against the CDC's Eviction Moratorium Might Miss the Rule of Law When They Need It
The Court said it "strains credulity" to believe that Congress gave the CDC the "breathtaking amount of authority" it asserted.
Private Prosecutions
Some states still allow ordinary citizens (and not just the usual criminal prosecutors) to initiate a prosecution of someone they accuse of a crime.
Supreme Court Rules Against the Revised CDC Eviction Moratorium
This outcome was widely expected by legal commentators.
The Court Order Approving Sanctions Against Sidney Powell Shows How Hastily She Assembled Her Kraken
A federal judge concluded that Powell and eight other pro-Trump lawyers who challenged Michigan's election results made frivolous arguments and treated evidence recklessly.
Cops Are Dressing Up Like FedEx Guys and Arresting People for Drugs
A little-known agreement allows police officers to seize packages at FedEx sorting centers.
Biden Lectures Businesses About Vaccines While Fully Vaccinated Feds Stay Home From Work
The entire federal workforce is required to be vaccinated. So why is the federal bureaucracy still operating as if routine public interactions are a public health threat?
Democrats Plot Huge New Federal Health Program as Part of $3.5 Trillion Budget Plan
Plus: Steven Horwitz's economic theories, Hawaii cops sued over fatal shooting, and more...
The Same Law California NIMBYs Use To Block Housing Is Now Freezing College Enrollments and Halting Hospital Expansions
A string of adverse court decisions will stop the University of California Board of Regents from adding more students to its Berkeley campus and adding more hospital beds to its medical center in San Francisco
Our New Article on "Vaccine Passports as a Constitutional Right"
I coauthored it with Kevin Cope (University of Virginia) and Alex Stremitzer (UCLA/ETH Zurich)
The Democratic Dividing Line: Big Government…Or Even Bigger Government?
To spend a lot of money, or to spend a lot more money? That is the question.
New York City Was Supposed To Have Congestion Pricing in January. Federally Mandated Environmental Review Pushed the Start Date to 2023.
Federal environmental laws and restrictions on tolling are adding years to the rollout of New York’s congestion pricing program.
Will Illinois Give Government Worker Unions a Constitutional Right To Overrule Laws They Don't Like?
Taking the "public" out of public service
The Honorable Thomas Griffith, Blogger
The former D.C. Circuit Judge is now a contributor to the Yale Journal on Regulation's Notice & Comment blog.
Government Officials' Internet Browsing Histories Are Not Agency Records under FOIA
The D.C. Circuit rejects an effort to obtain internet browsing histories under the Freedom of Information Act
China's New Data Privacy Law Doesn't Protect People Against the Biggest Threat: The Government
The law just addresses use of individuals' data by private companies, carving out exceptions for government harvesting of data.
In a Land of Scarce Water, Prices Should Be the Guide
The West needs markets in water, not allocations based on political considerations.
Louisiana Medical School's Vaccination Rules Temporarily Blocked
But the decision turns heavily on Louisiana law, and on the nature of this particular set of rules.
Could Congress Use the Congressional Review Act to Expand Agency Authority?
Two professors have proposed using the CRA to authorize agency actions and avoid the filibuster. Would it work?
If Government Is Good at One Thing, It's Making a Crisis Worse
The same institution that's unable to run the Postal Service or Amtrak orchestrated our invasion and withdrawal of Afghanistan.
Does the First Amendment Shield a Government Official From Being Censured by His Colleagues?
The Supreme Court will hear the case this fall.
Parents, Politicians, and School Administrators Battle Over Masks for Kids
Plus: Illinois schools prohibit hairstyle discrimination, Ann Arbor bans fur sales, and more....
Pioneer Institute Podcast on the Revised Federal Eviction Moratorium
Interviewer Joe Selvaggi and I explore the constitutional and policy issues at stake.
States Are Finally Starting To Rein in Deceptive Police Interrogation Techniques That Lead to False Confessions
Devastating examples of how coercive interrogations can lead to false confessions have led Illinois and Oregon to become the first states to limit when police can lie to suspects.
There Will Be No Late Impeachment of Governor Andrew Cuomo
NY Assembly Speaker Carl Heastie says impeachment is not possible once the Governor leaves office.
Amy Coney Barrett Declines To Block Indiana University COVID-19 Vaccine Requirement
The university's vaccine requirement will remain in force.
U.S. Is Becoming More Urban and More Ethnically Diverse, Says Census Bureau
People who checked the "Some Other Race" or racial combination census boxes are now America's second largest ethnic group.
"This Is No Way to Rule a Country"
If an eviction moratorium is needed, why wouldn't the legislature try to enact one?
State Governments Didn't Need Coronavirus Bailouts. They Got Billions of Dollars Anyway.
As it turns out, state and local tax revenues hardly collapsed.
Howard Mortman: Why Does Congress Pray Every Day?
The When Rabbis Bless Congress author and C-SPAN honcho on a weird political tradition and the glorious death of legacy media
John Marshall Argued for the Independence of Federal Prosecutors
Professor Matthew Steilen points to an interesting letter to St. George Tucker
Biden's Eviction Moratorium Defies the Rule of Law
The administration issued the order even while conceding that it lacked the authority to do so.
The Senate's Infrastructure Bill Redefines 'Broadband' To Manufacture a Connectivity Crisis
It is the equivalent of mandating that all new homes come with at least five bathrooms.
How a Sneaky Crypto Crackdown Plot Blew Up the Infrastructure Bill
Cryptocurrency advocates fight back against major government overreach.
The Bipartisan Infrastructure Bill Will Add More Than $250 Billion to the Deficit. Does Anyone Care?
A CBO report that might have sunk legislation in an earlier era was greeted with a bipartisan shrug.
Kansas Wants This Experienced Eyebrow Entrepreneur To Get 1,000 More Hours of Training
Jigisha Modi can't hire her own mother-in-law—who has decades of eyebrow-threading experience—because of Kansas' occupational licensing rules. Now she's suing.
Cryptocurrency Fight Holds Up Infrastructure Bill
For now, the side that wants less cryptocurrency regulation and taxation lost.
Biden Admits New CDC Eviction Moratorium Runs Counter to 'the Bulk of the Constitutional Scholarship'
The Supreme Court will likely rule against Biden’s executive gambit.
Resolution To Repeal 1991 and 2002 Military Force Authorizations Advances to Senate Floor
It may look like Congress is reclaiming its constitutional war powers, but the president still has plenty of ways to justify his military actions.
Highways and Bridges Are Not Crumbling
Washington isn’t helping, so let states take the lead.
