Red State Challenge to Affordable Care Act Goes to SCOTUS (But the Arguments Remain Incredibly Weak) (Updated)
Today's cert grant is based on the importance of the case, not the quality of the arguments
Law & Government
Interesting Official Privilege Case,
stemming from a dispute about picketing and open carry.
The National Interest, C'est Moi
This inability to agree on the nature of the national interest is endemic not just to the new nationalism, but to all of politics.
Court Concludes Ken Cuccinelli Not Lawfully Appointed Acting Director of USCIS
An important and thoughtful opinion that potentially invalidates Trump Administration refugee and asylum policies.
If Bloomberg's Arrogance Worries You, His Weaselly Positions on Presidential Power Won't Reassure You
The presidential candidate reserves the right to wage unauthorized wars, kill Americans in foreign countries, prosecute journalists, and selectively flout the law.
The Looming Supreme Court Showdown Over Sanctuary Cities
The legal battle over immigration, federalism, and executive power heats up.
Rand Paul Says Trump Is Backing Surveillance Reform
Plus: Who's using Clearview AI?, court rules against Joe Arpaio, and more...
Elizabeth Warren Adopts Cory Booker's Plan for a Better Presidential Clemency System
Shifting the process from the Justice Department to the White House can help eliminate bureaucracy and meddling from prosecutors.
Would a Presidential Pardon for Roger Stone Be Unconstitutional?
The argument requires several controversial assumptions and leaps of logic.
The Feds' Bulk Collection of Our Data Records Has Been Expensive and Useless. But That Doesn't Mean It's Going to Stop.
A congressional battle erupts over how much to reform the soon-to-expire USA Freedom Act—if they reform it at all.
Why Libertarian-Leaning Reps. Massie and Amash Voted Against the House's Anti-Lynching Bill
Lynchings are already illegal. But the law would give prosecutors more power—including what amounts to an expansion of the federal death penalty.
Trump White House Considering Limiting Justice Department Influence Over Pardons
Criminal justice reformers say federal prosecutors torpedoed clemency petitions in worthy cases.
On the Money: Presidential Portraiture and Power in D.C.
Kehinde Wiley's pre-presidential works criticized inequalities and hierarchies of power. His presidential portrait doesn't do the same.
Can Senseless Gun Regulations Be Constitutional?
Under New York's rules, licensed pistol and revolver owners were not allowed to leave home with their handguns unless they were traveling to or from a shooting range.
Trump's Continuing Commentary on Criminal Cases Reflects His Disdain for the Rule of Law
The president remains frankly puzzled by the distinction between can and should.
Trump Uses Clemency To Help Drug War Victims, Reward GOP Donors, and Spite James Comey
Plus: China boots three reporters, megacities are getting a smaller share of growth than they used to, and Dems gather to debate in Las Vegas..
Imprisoned Leaker Reality Winner Seeks Mercy From Trump
She’s nearly three years into a five-year sentence for releasing classified documents showing Russian attempts to hack U.S. election systems.
A Nondelegation Challenge to Trump's Travel Bans [updated to include some additional material]
Other possible legal challenges to Trump's expanded travel ban may be precluded by the Supreme Court's ruling in Trump v. Hawaii. This one is not.
Judge Napolitano on the Politics of Impeachment
"Each president has more authority than his predecessors."
Virginia Is About To Require a Government License for 'Art Therapy,' Because Glue and Scissors Are 'Potentially' Dangerous
The real motive for laws like this has nothing to do with scissors and glue. It's all about protectionism.
Even Without Trump's Tweets, the Attorney General's Intervention on Roger Stone's Behalf Would Have Looked Bad
If Barr is so concerned about the appearance of integrity, why did he insert himself into a high-profile case involving a presidential pal?
How the Government Is Using Nonsense Rules to Keep Out Immigrants
Plus: South Park, Fortnite currency, D.C. food trucks, and more...
Can the Criminal Justice System Be Fixed? The Jury's Still Out.
Under the law, prosecutors are supposed to pursue justice and not only seek convictions.
Senate Passes Bill Stopping Further Military Action Against Iran Without Approval
Eight Republicans join the vote, but that's not enough to overrule a likely veto.
Michael Bloomberg and the Imperious Presidency
Until we start denuding the Oval Office, we will continue getting the royals we deserve.
Republican Lawmakers Introduce Trillion Trees Act To Combat Climate Change
A real plan or just a "climate messaging exercise"?
America Has Given Up Trying To Define Success in Afghanistan
"Most of the [indicators] of measuring success are now classified, or we don't collect it," the special inspector general for the Afghanistan reconstruction told a Senate committee.
Joe Biden Blocked Robert Bork's Supreme Court Nomination. Now, Biden Is Getting 'Borked' Too.
Paradoxically, in the current moment—a moment Biden helped to create by blocking Bork—being unqualified for the presidency is the best qualification a candidate can have.
The Democrats' Miserable Week
From Iowa to impeachment, Biden burnout to Trump triumph, the opposition party had itself a rough 7 days.
This New Deal Precedent May Decide the Fate of Elizabeth Warren's Consumer Financial Protection Bureau
What’s at stake in Seila Law v. Consumer Financial Protection Bureau.
Could President Trump Control the CFPB After He Leaves Office? (Updated)
The Consumer Financial Protection Bureau could be completely independent of the next occupant of the White House.
Instead of Removing Trump From Power, Remove Power From the Presidency
After Watergate, Democrats rolled back executive power. Under Trump, they just want to be the ones who get to wield it.
Kesha Defamed Former Producer in Private Text to Lady Gaga About Rape, Says Judge
Plus: Maybe Buttigieg didn't win Iowa? Vermont considers decriminalizing prostitution. Customs and Border Protection gets a status change. And more...
Michael Bloomberg and the Imperious Presidency
Until we start denuding the Oval Office, we will continue getting the royals we deserve.
Trump Denounces 'Dirty Cops,' 'Leakers,' and 'Liars' in Post-Acquittal Victory Speech
"These people are vicious," Trump said.
Did Republicans Buy the Argument That Impeachment Requires a Crime?
While some senators seemed to endorse that misbegotten claim, others explicitly rejected it.
Senate Votes To Acquit Trump on All Charges
While some Republicans conceded that the president acted inappropriately, they concluded that his conduct was not impeachable.
'The President Is Guilty.' Mitt Romney Will Break Party Lines, Vote To Remove Trump.
It won't change the result of Trump's impeachment trial. It matters anyway.
Trump Bashes Socialism While Endorsing a Status Quo Socialism of His Own
The president promised to protect Medicare and Social Security, America's biggest entitlement programs.
State of the Union: Trump Tells Tall Tales, Dems Walk Out
Plus: Iowa updates, Ancestry.com tells cops to buzz off, and more...
Good and Bad Reasons for Acquitting Trump
Republicans should think twice before endorsing the dangerous myth that impeachment requires a criminal violation.
Trump Admitted His Trade Policies Have Hurt Manufacturing Jobs in His State of the Union, but You Probably Missed It
American manufacturing has been in a recession for the past year.
Trump Is Making Criminal Justice Reform a Theme of his Campaign
But he'll have to do more than coast on a few commendable pardons if he wants to prove he's serious.
Trump Brags About Killing Terrorists While Promising He's Working Toward Peace at State of the Union Address
President Donald Trump's schizophrenic approach to foreign policy was on full display during his State of the Union address tonight.
