Illinois' Gerrymandered Congressional Map Is a Window Into America's Political Dysfunction
One of the big losers in the Illinois redistricting plan is Rep. Adam Kinzinger, a moderate Republican who voted to impeach Trump.
Law & Government
Holding Steve Bannon in Contempt
Congress prepares to assert its investigative authority.
The Second Amendment vs. the Seventh Amendment: Substantive vs. Procedural Rights; Part 1: Similarities and Differences
Although the affinities between the Second Amendment right to keep and bear arms and the Seventh Amendment right to civil jury trial seem strong, there are crucial differences. The first concerns individual accountability and the ability to understand responsibilities; the second concerns the distinction between substantive rights and procedural rights.
Public Defenders vs. Gun Control
A Supreme Court decision against New York's gun control scheme would be a victory for both criminal justice reform and the Second Amendment.
Child Marriage Prosecution Opinion as to the Lev Tahor Ultra-Orthodox Group, Described by Some as "Jewish Taliban"
Featuring Guatemala, New York, and Iran.
What Happened When UC Berkeley Met the California Environmental Quality Act
A state court has apparently placed a cap on UC Berkeley enrollment increases due to inadequate environmental review.
Are Biden Administration's Offshore Wind Plans Just a Fantasy?
Without attention to the onerous permitting process for offshore wind and other energy projects, efforts will be plagued by costly delays.
Sixth Circuit Concludes Local Tree Ordinance Constitutes an Unconstitutional Taking
Court finds that a Canton, Michigan ordinance requiring mitigation for tree removal constitutes an uncompensated taking.
Congress Raised the Debt Ceiling Again Without Doing Anything To Fix the $28 Trillion National Debt
Plus: Why "reforming" Section 230 makes little sense, the FDA finally admits vaping is safer than smoking, the U.S. will reopen its land borders with Canada and Mexico, and more...
Overheated and Inaccurate Commentary on Courts and Climate
Demand Justice's Balls and Strikes provides more heat than light.
Money for Listing Species Is Not Money for Recovering Species
Some environmentalists seem to care more about triggering endangered species regulation than endangered species conservation.
Bad Jobs Numbers Raise More Questions About Unemployment Insurance
Is the problem government cash or have we entered a new paradigm?
On the Sacketts and S.B. 8
Governments should not design laws and regulations to frustrate judicial review.
Does Executive Privilege Extend Beyond a President's Term?
President Trump is telling former aides to assert executive privilege to frustrate the congressional investigation of January 6.
Craft Alcohol Makers Thrive as Government Launches Antitrust Investigation
The Prohibition-era three-tier system is causing consolidation, not the market.
The Ultimate Check: Understanding the Impeachment Clause
The history isn’t unambiguous, but it leans toward expanding impeachment beyond criminal offenses.
Way Too Many People Want an All-Powerful President
Rather than fighting for power, Americans should ignore each other and go about their lives.
Victory for WMU Student Athletes with Religious Objections to Vaccination
Western Michigan University mandated vaccinations for participation in team sports (but not for students generally); it said religious exemption requests would be available on a case-by-case basis; but then apparently categorically denied them.
Could the Supreme Court Revive the Trump Administration's ACE Rule?
The D.C. Circuit rejected the Trump Administration's approach to regulating power plant emissions of greenhouse gases. Some states and industry groups want the Supreme Court to take a look.
Notice and Comment Symposium on Reviving Rationality by Livermore & Revesz
An extended symposium engaging with an important new book on the use and misuse of cost-benefit analysis in regulatory review.
Bernie Sanders Thinks 48 Senators Make a Majority
The Senate's leading progressive seems to misunderstand the basic math of American democracy.
Court 'Won't Sanction One More Day' of Texas Abortion Law
Plus: Twitter's new trigger warnings, good news for food freedom, and more...
The President at War
History supports neither the plenary presidential power advocated by some nor the complete congressional dominance advocated by others.
A Pending Pardon for George Floyd Shows How the Drug War Gives Cops a License To Lie
Floyd was arrested for selling crack by a crooked Houston narcotics cop who repeatedly lied to implicate people in drug crimes.
Government Keeps Trying To Censor This Brewery. The Owner Isn't Having It.
"Do you really want to live in a country where government bureaucrats, based on whim and personal preference, can censor whatever they don't like?"
Instagram's Effect on Teens Gives Congress the Latest Pretext To Put Tech on Trial
Plus: California can't limit private prisons, Yellen dismisses bank privacy concerns, and more...
The Domestic Policy Czar
A revival of the nondelegation doctrine isn’t likely to massively retrench either the scope of the regulatory state or the president’s ability to steer agency discretion.
The Bureaucrat in Chief
Behind the technicalities of the appointment and removal power is a difficult tradeoff between democratic accountability and impartiality in implementing laws.
Our Looming Trillion Dollar Doom
Plus: the unintended consequences of mandating COVID vaccines for students
SCOTUS, Under Fire From Left and Right, Is Back in Session With Guns and Abortion on the Docket
The justices robe up for another term.
Taking a Fresh Look at Presidential Power
Political polarization inevitably warps our views of presidential actions, making an even-handed approach all the more crucial.
Richard Blumenthal Pressures Facebook To End Finsta, Has No Idea What That Is
"We don't actually do finsta," Antigone Davis, Facebook's head of security, explained.
If Democrats Truly Wanted To Level the Playing Field, They'd End Crony Corporate Handouts
They give an edge to big companies that have no problems accessing capital and whose executives are often well-connected with politicians.
Joe Manchin Is Forcing Congress To Think About the Deficit. Good.
Among Americans who aren't liberal pundits, the debt and deficit rank as major concerns. It's about time Congress noticed.
Abortion Ban Stimulates Interstate Travel, Says Texas
Plus: Government shutdown, demographic diversity in rural America, and more...
A Good Day for the Fourth Amendment
"We are not eager—more the reverse—to print a new permission slip for entering the home without a warrant," declared Justice Kagan in Lange v. California.
Dems' Plan To 'Tax the Rich' Might Include a Huge Tax Break for the Rich
Repealing the cap on the SALT deduction would overwhelmingly benefit the wealthiest households in America.
Federal Judges Failed to Recuse in Hundreds of Cases
A Wall Street Journal report shows that federal judges do not always recuse when cases implicate their financial holdings.
Biden Says $3.5 Trillion Reconciliation Bill Has a Price Tag of 'Zero.' That's Dubious.
Democrats are now relying on the same "dynamic scoring" technique they've previously criticized.
Get the Americans With Disabilities Act Out of the COVID Wars
There’s no clean way this applies to the pandemic.
Dump the Draft Forever Instead of Making Women Register
Why is registration for involuntary servitude still a thing?
House Votes To Make Your Daughters Eligible for the Military Draft
With minimal debate, Selective Service was doubled in a "must-pass" $778 billion defense bill.
Trump's 'Eastman Memo' Proposed an Unconstitutional Power Grab by the Vice President
A conservative law professor advised Donald Trump that Mike Pence could unilaterally overturn the 2020 election.
