Biden Issues At Least 15 Executive Orders and Actions on Day One
Plus: Columbia University neuroscientist defends heroin use, Cuomo plan would still criminalize growing or delivering marijuana, and more...
Law & Government
What Amy Coney Barrett Got Wrong About Lochner
Justice Barrett should revisit her views on this wrongly maligned case.
One of Biden's First Actions In Office Will be To Exercise Powers He Admits He Doesn't Have
Biden's willingness to extend a nationwide eviction moratorium, while declining to mandate masks nationwide, demonstrates a worrying inconsistency in his views on presidential powers.
Biden's Revival of Trump's Eviction Moratorium is at Odds with His Position on the Legality of a National Mask Mandate
Biden correctly recognizes he doesn't have the authority to impose a general national mask mandate. The same reasoning shows the nationwide eviction ban is also illegal.
Biden's Inauguration Was Small and Quiet. Good.
The cult of the imperial U.S. presidency has come to feel like a national religion.
More than 100 Civil Rights Groups Agree: We Don't Need New Domestic Terrorism Laws
Their letter to Congress warns about inevitable abuses against religious and racial minorities.
Saying Trump 'Provoked' the Capitol Riot With 'Lies,' Mitch McConnell Tries To Distance His Party From a Dangerous Demagogue
The Senate minority leader sees a grave political risk in failing to repudiate the former president.
Lil Wayne, Steve Bannon, and Some Drug War Victims Pardoned, but No Assange, Snowden, or Ulbricht
Plus: Pelosi wants 9/11-style commission to investigate Capitol attack, MyPillow drama, and more...
Presidential Free Speech and the Congressional Impeachment Power
The First Amendment should not be a viable defense in an impeachment trial
Freeing People Who Don't Belong in Prison Is Praiseworthy, No Matter Trump's Motives
The president's final batch of clemency actions includes commutations for dozens of nonviolent drug offenders.
Biden's Mask Mandate Retreat Is a Hopeful Sign
The president acknowledges that there are limits to executive power, even during a public health emergency.
Further Rejoinder on Why the First Amendment Does not Constrain Impeachment and Removal of Presidents
A further rejoinder to Josh Blackman and Seth Tillman.
Can President Trump Pardon Himself?
The Constitution's words, history, and structure suggest the best answer is no. He can't plead, "I beg my pardon."
When is an Officer Impeached? V
The House and Senate are making unforced errors in laying the groundwork for an impeachment trial
Biden's Recovery Plan Would Extend the Federal Government's Extraordinary Eviction Ban Through September 2021
Eviction bans were enacted as an emergency public health measure. They’re quickly becoming a permanent policy.
Contra the Luttig Impeachment Thread
Judge Michael Luttig thinks a former president cannot be tried in the Senate. The argument is flawed.
Parler's Antitrust Lawsuit Over Amazon Deplatforming Has Tough Road Ahead
Amazon denies any impropriety in its decision to suspend the Twitter alternative, dismissing the suit as "meritless."
There is Still Time to Fix the House Impeachment Process
Trump has been impeached, but there is still time to put a stronger case before the Senate.
Does the Chief Justice Preside over an Ex-President's Impeachment Trial?
Conflicting signals from the Belknap impeachment
Impeaching Trump for his Role in Inciting the Attack on the Capitol Doesn't Violate "Established Free Speech Rights"
A rejoinder to Josh Blackman and Seth Tillman.
Big Government Is a Bipartisan Problem
Neither major party is a friend to limited government.
Trump's Belated Message of Peace and Unity Makes You Wonder Where This President Has Been the Last Four Years
Something like Wednesday evening's soothing remarks could have made a real difference on the day of the Capitol riot.
Trump Has Been Impeached—Again
Several House Republicans joined their colleagues across the aisle in the ultimate condemnation of Trump's role on Jan. 6.
Make Impeachment as Bipartisan as Possible
Impeachment can only succeed if it has substantial bipartisan support. Here are some ways to help make that happen.
Biden's Pick To Run the Commerce Department Is No Progressive
Rhode Island Gov. Gina Raimondo seems unlikely to double down on the past four years of economic foolishness at the Commerce Department.
5 Profiles in Courage and Cowardice in a Trump-Dominated GOP
Here is how Mitch McConnell, Mike Pence, Liz Cheney, Ted Cruz, and Josh Hawley responded to the president's election delusions.
Yes, the Senate May Hold Trump's Impeachment Trial After He Leaves Office
History and precedent both support impeachment trials for former federal officials.
A Senatorial Impeachment Two-Step?
The Senate should bifurcate its impeachment inquiry: Remove from office now, Disqualify from Office-holding later
Rep. Peter Meijer, on Impeachment Vote: 'There's an Assumption That People Will Try To Kill Us'
As Mitch McConnell and Liz Cheney break for impeachment, the freshman GOP congressman who succeeded Justin Amash says that Republicans who are "going to vote our conscience tomorrow" expect to be assaulted.
House Judiciary Committee Releases Report on Impeachment
Among many other things, it cites recent writings by VC bloggers Jonathan Adler, Keith Whittington and myself.
A Simple Way for Republicans to Keep Impeachment from Exacerbating Conflict and Disunity
GOP leaders who raise this objection to impeachment can help solve the problem through the simple expedient of supporting impeachment themselves.
Did Trump Engage in 'Insurrection or Rebellion' Against the Constitution?
The impeachment article against the president cites a little-discussed section of the 14th Amendment.
The Senate May Hold an Impeachment Trial After President Trump Leaves Office
The precedents are clear, and Senate could bar Trump from holding future office.
A Libertarian Judge Champions Privacy Rights Against Warrantless Police Searches
Justice Clint Bolick dissents in Arizona v. Mixton.
Embattled Administration Pushes Midnight Controls on Financial Tech
Bureaucracy keeps on regulating through the chaos
The GOP's Authoritarian Sickness
Impeachment, 25th Amendment, or censure? Deplatforming, Section 230, or inclusion? The Reason Roundtable debates.
The Case for Impeaching Trump
"The question of whether incitement to riot is an impeachable offense is pretty easy," says the Cato Institute's Gene Healy. "Clearly, yes."
Why Impeachment Should Proceed Even if it Cannot be Completed Until After Trump Leaves Office
The Constitution does not bar such proceedings. And the impeachment process could still serve the valuable purposes of deterring wrongdoing by future presidents and barring Trump from ever holding federal office again.
The Case for a Swift Impeachment
Prominent legal scholars who rarely agree on anything else make the case for a swift impeachment process.
Will Lisa Murkowski Be the Jim Jeffords of 2021?
The last time the Senate split 50-50, the even balance did not last long.
The First Amendment Doesn't Protect Trump Against Impeachment for his Role in Inciting the Assault on the Capitol
High government officials don't have a First Amendment right to be protected from firing based on their political views. That applies to presidents facing impeachment no less than other officials.
Yes, Congress May Impeach and Remove President Trump for Inciting Lawless Behavior at the Capitol
A response to Joshua Blackman and Seth Tillman
Amash's Successor Peter Meijer: Trump's Deceptions Are 'Rankly Unfit'
The rookie GOP congressman describes Capitol Hill chaos, says that some Republicans who knew better voted against election certification out of physical fear, and explains how serving in Iraq and Afghanistan made him want to "end the endless wars."
Will the Democrats Truly Have Control of the 50-50 Senate?
Vice President Kamala Harris will be able to case the tie-breaking vote, but 50+1/50 is still not 51/49.
Josh Hawley Played With Fire and Burned His Political Future
The senator is a performer and nothing more.
