Law & Government
Trump's Pattern of Self-Serving Pardons Continues
President Trump's use of the pardon power confirms Anti-Federalist fears more than did his predecessors'.
What Joe Biden Can Learn From Studying Presidential History
A new book holds valuable lessons for the president-elect.
Trump Pardons 26 More, Including Paul Manafort and Roger Stone
The list also included several drug war victims.
Employed, Middle Class Americans Don't Need More 'Free' Stimulus Money
But they're almost certainly going to get some.
Illinois' Population Drain Continues for 7th Consecutive Year
The tax- and corruption-heavy state has lost a quarter-million people in the past decade.
To Protect 'Children' From E-Cigarettes, Congress Imposes New Restrictions on Everything Related to Vaping of Any Kind
The law bans mail delivery of vaping products and requires all vendors to comply with burdensome tax reporting rules.
White House Christmas Ornaments
Politics ruining your holidays? Now you can pay for the privilege.
Biden Acknowledges Constitutional Limits to the Power of the Presidency
That’s a rare position for modern White House residents, and not necessarily a popular one with the public.
Lindsey Graham Says Trump Will Sign Spending Bill if It Takes Aim at Section 230
Plus: One in seven NYC chain stores closed, Columbus officers turned off body cams before fatal shooting, and more....
Trump's Latest Round of Pardons Includes George Papadopoulos, GOP Congressmen, Blackwater Guards
Full pardons were given to the four contractors convicted of murdering Iraqis in a firefight in Baghdad.
COVID Relief Bill Includes $25 Billion in Rental Assistance, 1-Month Extension of the CDC's Eviction Moratorium
Congress' extension of a federal ban on evictions does little to address the legal problems with the policy.
Congress Legalizes Smokey Bear Impersonations
The $2.3 trillion spending bill repeals criminal penalties for using Smokey Bear's likeness without government permission.
Congress Blocks School Choice in New Stimulus Package
Even as the pandemic has exposed the desperate need for disruptions to the calcified public school system, Congress just voted to restrict some of the very creativity that's sorely needed.
Therapist Elizabeth Brokamp Fights for the Right To See Patients Virtually
"I hope my case can start removing senseless boundaries to teletherapy," said Brokamp, who is suing in federal court on First Amendment grounds.
Trump Outlaws Ugly Federal Buildings
Plus: House OKs bloated $1.4 trillion spending package, new Amash bills aim to protect asylum seekers and immigrant detainees, and more...
Giant New Spending and COVID-19 Relief Bill Also Creates 2 New Museums and a Library, References Dalai Lama Controversy
"No responsible legislator should vote for such a thing," said Justin Amash (L–Mich.).
Government by 'Harrison Bergeron'
From pandemic relief to public schools, wealth taxes to COVID vaccines, politicians are finding bad ways to redistribute the pie.
Justin Amash Introduces Bill To End Forever National Emergencies
Current law can allow the president to route around Congress indefinitely.
How Immigrants Make America Great Again (and Again and Again)
A new book documents that newcomers revitalize beliefs in hard work, property rights, and the rule of law.
Deal Reached To Tack $900 Billion COVID-19 Relief Package on to Spending Bill
Plus: 1 in 5 prisoners has had COVID-19, Supreme Court won't stop undocumented immigrant exclusion from Census, and more...
Prof. Richard Pierce Responds to "Delegation and Time"
On delegation, time, and congressional capacity.
States Are Finally Revoking Cops' License To Steal
A recent flurry of legislative activity suggests why forfeiture reform succeeds—and why it fails.
Supreme Court Dismisses Lawsuit Challenging Trump's Plan to Exclude Undocumented Immigrants from Congressional Apportionment Counts - But the Case Could Soon Come Back
The case was dismissed on procedural grounds that will change when and if the administration actually decides which people will be excluded.
Senate Hearing on Election 'Irregularities' Highlights Trump's Reckless Disregard for the Truth
Sen. Ron Johnson, a Trump ally, now concedes there is no credible evidence to support the president's fanciful conspiracy theory.
Trump Promotes a Doomed Electoral Vote Challenge As Even Diehard Supporters Admit He Lost
The strategy of lodging objections under the Electoral Count Act has been tried before, but it has never succeeded.
Josh Hawley's Latest Plan To Hike Tariffs Would Be a Win for China
Shutting down the GSP program would reduce economic growth in developing countries and raise taxes on American importers.
Mitch McConnell and Several Other GOP Senators Finally Acknowledge Biden's Victory
The president and his diehard allies in Congress continue to insist the election was stolen.
The Prosecution of Julian Assange Is an Assault on the First Amendment
Though journalists tend to despise the WikiLeaks founder, his fate could impact the future of their profession.
"Tear Down This Judicial Paywall"
The federal judiciary should not be charging for access to public court records.
The GOP's Great Self-Beclownment
What to say to a political party that keeps trying to overturn the results of an election?
Conservative Judges Chose Legal Principles Over Partisanship and Trump - But We Shouldn't Take that for Granted
Conservative judges have stymied Trump in his election challenges - and many other cases where his positions went against their legal principles. But a populist/nationalist GOP could gradually change the nature of conservative jurisprudence.
Congress Could Pass a $900 Billion COVID Stimulus Bill This Week. Or There Might Be a Government Shutdown.
Unsettled political circumstances and the ongoing pandemic crossed with Congress' broken bill-passing process is a recipe for chaos.
Ted Cruz's Eagerness To Fight Trump's Legal Battles Epitomizes the GOP's Complete Lack of Principles
By his own account, the Texas senator is committed to defending a dishonest, amoral, narcissistic bully.
The House Freedom Caucus Just Trashed What Little Credibility It Had Left
More than 100 members of Congress signed a petition asking the U.S. Supreme Court to overturn the presidential election, including several prominent members of the group founded to protect "the rule of law."
Is Same-Sex Marriage Secure?
Will a rightward shift on the bench would result in the reversal of Obergefell? Probably not.
Originalism and Personal Jurisdiction: Some Hard Questions
What original principles would say about this term's big case.
Former Judge Michael Luttig on Why the Pardon Power Does Not Encompass Self-Pardons
A pardon is something granted, like a gift, and it is presumed one cannot grant something to themselves.
A Right to a Speedy Jury Trial? Don't Count On It During the Coronavirus Pandemic.
Courts ignore constitutional guarantees while defendants awaiting trial languish in jail.
Trump Undermined Civilian Control of the Military. With His Pentagon Pick, Biden Has Too.
Civilian control over the military still matters.
For the First Time Ever, the House Votes To Repeal the Federal Ban on Marijuana
The bill is unlikely to make headway in the Senate, but it could nudge President-elect Joe Biden toward more ambitious reforms.
Review of Ilya Shapiro's "Supreme Disorder"
One Ilya reviews a book written by another. Hopefully, this won't exacerbate #IlyaConfusion!
Another problem with self-pardons
A "self-pardon" might bring about exactly the prosecution it seeks to avoid.
Sneaking Section 230 Reform Into the Defense Bill Is a Terrible Idea
Plus: Bar food police strike in New York, study finds COVID-19 circulating in the U.S. last December, and more...
The Pardon Power May Be Broad, But that Does Not Mean a Self-Pardon Would Be Legit
President Trump pardoned a turkey and an agent of Turkey. Will he give himself a lame duck pardon next?
Thoughts on Today's Supreme Court Oral Argument in Trump v. New York
Many of the justices seem intent on avoiding the substantive issues at stake in a case challenging the legality of Trump's plan to exclude undocumented immigrants from the apportionment count for congressional representation.
Will Anybody Besides Michael Flynn Get Mercy from Lame Duck Trump?
The president has the worst record for clemency in modern history.
Will a Historic House Vote on Marijuana Legalization Nudge Biden Toward More Ambitious Reforms?
The MORE Act, which would repeal federal prohibition, is scheduled for a vote this week.
