Amendment Revived to Protect Americans' Internet Search Records From Warrantless Collection
The House will consider a surveillance reform proposal that failed in the Senate by just one vote.
Law & Government
Michael Luttig on How the D.C. Circuit Should Handle the Flynn Case
A former federal judge (and Supreme Court short-lister) on what Judge Emmett Sullivan (and his critics) got right, and got wrong
The CDC Is Still Botching the Coronavirus Testing Process
The disease control agency is a poster child for bureaucratic incompetence.
Do Tattoo Shops Have a First Amendment Right To Remain Open During a Pandemic?
The idea is not so far-fetched.
Another State Supreme Court Stands Up for Economic Liberty
Following Georgia's ruling in favor of a lactation consultant, Pennsylvania’s high court reviews another “unreasonable” occupational licensing scheme.
Trump's Threat to Withhold Federal Funds from States that Expand Voting By Mail Highlights Growing Menace to Federalism and Separation of Powers
A president who can attach his own new conditions to federal grants to states could use that power to undermine state autonomy on many issues - especially now that federal spending has been massively expanded during the coronavirus crisis.
Ohio Judge Deems the State's COVID-19 Lockdown 'Arbitrary, Unreasonable, and Oppressive'
The ruling says the state's top health official exceeded her statutory authority by ordering "nonessential" businesses to close.
Trump Is Gutting the Inspector General System, and Most Republicans Don't Care
Congress created inspectors general to be watchdogs, but it's too weak-willed to protect those watchdogs from retaliation.
Court Enjoins Enforcement of "Stay Safe Ohio" Order Against Gyms
A local judge has concluded the State Health Director likely exceeded her powers under the Ohio Constitution
A Third Option Beyond State Bailouts and Bankruptcy
John Baker and Robert Miller identify an alternative
A Pandemic Does Not Suspend the Rule of Law
Courts are beginning to recognize that public health powers, while broad, are not a blank check.
State Supreme Courts Stand Up for Economic Liberty While SCOTUS Falls Down on the Job
"We have long interpreted the Georgia Constitution as protecting a right to work in one's chosen profession free from unreasonable government interference."
A Nondelegation Challenge to Trump's Border Wall
An under-the-radar environmental lawsuit could provide the Supreme Court another opportunity to revive the nondelegation doctrine.
Why Do Rule 48(a) Dismissals Require "Leave of Court"?
A new paper by Thomas Frampton suggests most recent commentary concerning the Michael Flynn prosecution gets it wrong.
Justice Thomas Takes Aim at State Standing
In a brief exchange during a recent oral argument, the Justice suggested the Court should reconsider giving states "special solicitude" under Massachusetts v. EPA
Plans for Extended Unemployment Benefits, Wage Subsidies Risk Creating a Zombie Economy
Businesses need to be able to adjust to a world where COVID-19 remains an ongoing concern.
The Penalty-less Individual Mandate Is Severable from the Rest of the ACA No Matter How You Look at It.
We submitted another strange bedfellows amicus brief on severability in the Texas ACA case.
Wisconsin Supreme Court Says the State's COVID-19 Lockdown Violated the Rule of Law and the Separation of Powers
A seemingly arcane dispute about administrative law has profound implications for the limits of public health authority.
Senate Renews FBI Surveillance Powers With Modest Reforms
An effort by Sen. Rand Paul to forbid warrantless investigation of citizens was soundly defeated.
Will Breyer Side With Trump in Congressional Subpoena Fight?
The Supreme Court weighs the congressional subpoena power in Trump v. Mazars.
No, Jared Kushner Did Not Suggest That Trump Might Unilaterally Delay the Presidential Election
There is a difference between reporting facts that make the president uncomfortable and manufacturing facts to fit a preconceived view of him.
The Limiting Principle for Congress' Power to Subpoena Presidential Records Isn't Hard to Find [Updated With Response to Josh Blackman]
Why the Supreme Court can rule in favor of Congress in the Trump financial records cases without thereby giving Congress any unlimited power.
"Valid Legislative Purpose"
Do legislative subpoenas really need a limiting principle?
The Next Coronavirus Stimulus Bill Is Here. It's a $3 Trillion Spending Plan That Bails Out States and the Post Office.
The new bill includes another round of stimulus checks for all Americans, funds additional coronavirus testing, and spends billions to bail out states and government agencies straining under pension debt.
Is There Any Limit on the Congressional Subpoena Power?
There was a potentially pivotal exchange in today's Supreme Court oral argument over the House subpoenas seeking the President's financial records.
Sen. Mitch McConnell Looks To Undermine Efforts to Protect Americans From Secret FBI Surveillance
An amendment to a FISA renewal bill would let the FBI snoop on your online browser history.
Federal and State Governments Have Less Control Over Shutdowns Than They Think
Officials in six Pennsylvania counties say they will allow businesses to reopen without permission from the state government. Expect more of that.
Prager University and Tulsi Gabbard Lose Censorship Suits Against Google
Forcing Google to behave like a public utility would probably not serve the interests of those demanding that designation—or the rest of us.
Did Louisiana Enact a Bogus Health Law as a Pretext for Banning Abortion?
The Supreme Court will consider the constitutionality of a Louisiana law that requires physicians who perform abortions to have admitting privileges at local hospitals.
To Stanch COVID-19 Meat Crisis, Let Small Farmers Sell Meat to Local Grocers
The ability of Americans to buy meat in grocery stores is at risk due to serious supply-chain issues caused by COVID-19.
A Pandemic Is Not a Chance To Flog Your Bad National Service Proposals
The federal government has done a terrible job managing the coronavirus. It doesn't deserve our labor.
Courts Grant Qualified Immunity to Cops in More Than Half of Cases When Invoked
A Reuters investigation reveals courts "growing tendency" to grant cops immunity from civil rights lawsuits.
No, the Supreme Court's "Bridgegate" Decision Doesn't Vindicate Trump on Impeachment [Updated with Comment on Josh Blackman's Clarification of his Position]
An abuse of power that doesn't violate federal fraud statutes can still be an impeachable offense - and still violate other criminal law.
Coronavirus Cases Pit Constitutional Rights Against Public Health Authority
The federal courts start to grapple with COVID-19 shutdown orders.
The U.S. Postal Service 'Unsustainable,' Says GAO. And That Was Before COVID-19 Hit.
The USPS has lost $78 billion since 2007, but could lose as much as $13 billion this year as the pandemic has crushed mail volume.
Eisenhower's Military-Industrial Complex Speech in the Age of Coronavirus
The 1961 speech by President Dwight Eisenhower foreshadowed the current government's response to COVID-19.
DoD vs. FCC
Why does it matter is a federal agency is independent of Presidential control? Ask the Department of Defense.
Islamic Prenuptial Agreements (Mahrs) Are Enforceable by American Courts, Like Other Prenups
So a Maryland appellate court held last month, I think quite correctly (and consistently with the broad trend in other states):
Will the Trump Administration Finally Abandon Its Bizarre Position in the Texas ACA Case? (Update: No)
CNN reports that Attorney General Barr is (again) voicing opposition to DOJ's argument that zeroing out the mandate penalty should upend the entire law.
America Wasn't Ready for Coronavirus
Early takeaways from the country's response to a pandemic
Is Administrative Law Immoral?
A review of Richard Epstein's latest book: The Dubious Morality of Modern Administrative Law
Coronavirus Stimulus Has Cost $3.6 Trillion, but Oversight Is Still Severely Lacking
Before spending another dollar, Congress should make sure someone is keeping an eye how the largest pile of government cash in American history is being spent.
Dems' Hazard Pay Proposals Are a Recipe for a Lot Fewer Essential Workers
We need essential workers right now. We also need markets and the price signals they provide.
When the Supreme Court Upheld a Compulsory Vaccination Law
Infectious disease, public health, and the Constitution
Justin Amash Becomes the First Libertarian Member of Congress
In an interview, the freshly-minted presidential candidate talks abortion, the "spoiler" charge, and Joe Biden's flip-flopping, while insisting that 2020 is a "winnable race."
Make an Anti-Union Joke, Prepare to Be Accused of an Unfair Labor Practice
The NLRB's prosecution of a conservative journalist should be worrisome.
