The CDC's New Eviction Moratorium Has Virtually all the Same Flaws as the Old
It still covers some 90% of the country, and still rests on a theory of virtually limitless CDC authority. Even President Biden acknowledges the order is legally dubious.
Law & Government
Why Are There New Crypto Rules in the Infrastructure Bill?
Plus: California's new pork regulations, Florida's COVID-19 boom, and more...
Should Taxpayers Be on the Hook for All Rental Debt Accrued During the Pandemic?
A new lawsuit from landlords argues that the CDC's eviction moratorium was a taking, and that they're entitled to compensation.
USPS Gets Hit With Lawsuit Over Social Media Snooping
Plus: Whistleblower on drone killings sentenced to federal prison, Biden carries on Trump's legacy on trade and immigration, and more...
Gun Control Scheme Harms Black and Hispanic New Yorkers, Public Defenders Tell Supreme Court
“New York enacted its firearm licensing requirements to criminalize gun ownership by racial and ethnic minorities.”
Is Anthony Fauci Lying About NIH Funding of Wuhan Lab Research? Or Is Rand Paul?
Inside the dispute over gain-of-function research.
Elizabeth Warren Wants the IRS To Create Its Own TurboTax. What Could Go Wrong?
A simplified tax code is the answer, not giving the IRS more funding.
Are Supreme Court Term Limits Coming Soon?
Biden’s Presidential Commission on the Supreme Court seems to favor judicial term limits.
Senate Considers Requiring Women To Register for the Draft
A proposal obtained by Politico would get rid of male-only language in an upcoming military service bill.
Senators Aim To Curtail Presidential Power Over War, Arms Sales, Emergency Declarations
Plus: The FBI had at least a dozen informants helping put together the plot to kidnap Michigan's governor, price controls fail again, and more.
Senate Could Pass a $1.2 Trillion Infrastructure Bill This Week, Even Though There's No Agreement on How To Pay for It
Plus: Strip clubs help reduce crime rates, tariffs fail to achieve their primary political purposes, Jeff Bezos goes to space, and more.
11th Circuit Refuses to Issue Injunction Against CDC Eviction Moratorium - but Doesn't Rule on the Moratorium's Legality
The decision is based on the conclusion that the landlords failed to prove they suffered an "irreparable" injury. It upholds a trial court ruling denying a preliminary injunction to landlords challenging the moratorium.
Magical Thinking Abounds in New Budget Deal Discourse
Plus: The growing trust gap, pandemic-low unemployment numbers, and more...
Dean Erwin Chemerinsky's Views on the Filibuster, Past and Present
Dean Chemerinsky has argued for and against the filibuster on both constitutional and policy grounds.
There Is Nothing "Unconstitutional" about the Filibuster
Some academics are urging VP Harris to declare the filibuster unconstitutional
Catherine Lhamon, Once and Future Title IX Czar, Says Campus Rules Don't Require 'Presumption of Innocence'
Her response to questions from the Senate HELP committee were disqualifying.
Chuck Schumer Says He Wants To Legalize Marijuana. His Bill Suggests Otherwise.
The Senate majority leader's racial rhetoric and overly prescriptive approach make an already iffy effort even more quixotic.
New Hampshire School Choice Program Opens to Religious Schools
A new law allows cash-strapped districts to send students to private religious schools.
Space Liberation!
Don't let naysayers fool you. Richard Branson's space flight is a boon for society.
The Post Office Pension Ponzi Scheme
The USPS has overpromised and undersaved for its employees' retirements—all while losing nearly $9.2 billion last year.
School Choice Is the Answer to Education Disputes
Religious families aren’t the only ones seeking escape from endless curriculum wars.
If the CDC Can Impose a Nationwide Eviction Moratorium, Why Can't It Impose a Nationwide Vaccine Mandate?
It could, if it actually had the vast public health powers that the Biden administration claims it does.
Government To Blame for Texas Church Shooting That Left 26 Dead, Says Court
Plus: Trump's absurd lawsuits against social media, states take aim at Google app store, and more...
Fifth Circuit Strikes Down Ban on Religious Proselytizing at El Paso Art & Farmers Market
The market was conducted on city streets, managed by the city, and open to the public.
Andrew Cuomo Declares a Gun Violence 'Disaster Emergency' and Signs a Bill That Invites Lawsuits Against Firearm Suppliers
New York's new law seems to conflict with a federal statute that protects manufacturers and dealers from liability for gun crimes.
Ohio Passes Controversial Conscience Clause for Doctors
Opposed by LGBT and pro-choice advocacy groups, the measure allows doctors to refuse to perform treatments on moral grounds
Trump Judicial Appointees Clash Over Qualified Immunity and 'the Woke Constitution'
The fight over qualified immunity divides "conservative" judges on the 5th Circuit.
Kelo, Originalism, and Public Use
A response to Jonathan Adler's attempt at an originalist defense of Kelo v. City of New London.
Should an Originalist Justice Support Overruling Kelo v. New London?
The general assumption that the Fifth Amendment bars takings for economic development purposes rests on shaky ground.
Why Is It So Hard To Sue a Bad Cop?
"Redress for a federal officer's unconstitutional acts is either extremely limited or wholly nonexistent."
Why Didn't COVID-19 Kill the Constitution?
We can thank judges who were prepared to enforce constitutional limits on public health powers.
Thomas and Gorsuch Say Kelo Eminent Domain Ruling 'Was Wrong the Day It Was Decided' and 'Remains Wrong Today'
The controversial 2005 case "strayed from the Constitution," say Thomas and Gorsuch.
Florida's Social Media Bill Was Supposed To Protect 'Free Speech.' A Judge Says It Violates the First Amendment.
Plus: How Trump lost in 2020, Amazon seeks recusal of FTC chair, and more...
House Votes To Repeal 1957 and 1991 Authorizations for the Use of Military Force
Repeal would do little to change how Congress and the president collaborate—or don't—on military operations.
At Least 5 Justices Seem To Think the CDC's Eviction Moratorium Is Illegal. SCOTUS Left It in Place Anyway.
Brett Kavanaugh, who provided a crucial fifth vote, said he agrees that the CDC does not have the authority to override rental contracts.
RIP Mike Gravel, Unapologetic Opponent of War and Star of Absurdist Presidential Campaign Ads
A heterodox hero and committed antiwar activist, Gravel put the Pentagon Papers in the public record.
Congress Votes To Kick Confederate Statues Out of the Capitol
Plus: Fast approval of Alzheimer's drug draws scrutiny, the value of disagreement, and more...
Did Congress Give the CDC More Authority Than the President?
The agency’s legal defense of its eviction moratorium implies that it has vast powers to order Americans around.
Although 44% of Americans Live in States That Have Legalized Pot, Federal Prohibition Is Not Likely to End Anytime Soon
The president supports the ban, and his fellow Democrats do not seem serious about attracting Republican support for repealing it.
Greg Abbott's Border Wall Plan Is Doomed To Fail
The Texas governor wants to keep incoming migrants out at all costs. But those costs are insurmountable.
California, New York Have the Most To Gain From Ending Bonus Unemployment Benefits. They Probably Won't.
States that already had lower unemployment rates in May are more likely to have announced plans for ending the bonus unemployment payments.
Democrats Learn to Love the Congressional Review Act (At Least a Little Bit)
Last week, the CRA was used for the first time to repeal regulations adopted by a Republican President.
The FTC Fails To Prove Facebook Is a Monopoly
Plus: Retaliatory action in Syria, developments with the delta variant, Clarence Thomas on marijuana, and more...
Major Anti-Tech Antitrust Package in Congress Moves Forward
Taken together, these six measures would have a major impact on the way we shop, chat, and otherwise go about our business online.
