Law & Government
How the Government Timidly Stood in the Way of COVID-Fighting Innovations
Without the feds in the way, we could have rolled out at-home diagnostic testing, set up human challenge trials, approved vaccines sooner, and vaccinated Americans more quickly.
North Carolina Board Threatens Private Drone Mapmakers Because They Aren't Licensed 'Surveyors'
Technological innovation makes gathering visual land data easier and cheaper—and threatens an industry’s status quo.
Yale Journal on Regulation Symposium on Adam Cox and Cristina Rodriguez's book "The President and Immigration Law"
Contributors include a variety of legal scholars, including, Jessica Bulman-Pozen, Dan Farber, and myself, among others.
Is Matt Gaetz a Child Sex Trafficker? Here's What the Law Actually Says.
Not all sexual misdeeds are sex trafficking.
The Bump Stock Ban Highlights the Danger of Letting Bureaucrats Invent Crimes
A federal appeals court rejects a highly implausible redefinition of machine guns.
Biden Administration Extends CDC Eviction Moratorium Until June 30 - the Legal Battle Over it Will Continue
The new order is similar to the old, but includes an extensive section defending the measure on public health grounds.
The CDC Keeps Extending Its Illegal Eviction Ban
The agency will be extending its controversial eviction moratorium through the end of June.
Trump's Bump Stock Ban Just Lost Big in Federal Court
“It is not the role of the executive—particularly the unelected administrative state—to dictate” the terms of criminal law, said the 6th Circuit.
Abolishing the Filibuster Is About Power, Not Anti-Racism
Even Joe Biden and Barack Obama were willing to acknowledge this basic fact just a few years ago.
Is More Presidential Power Necessary in the Modern World? A Soho Forum Debate
Stanford University's Terry Moe and the Cato Institute's Gene Healy debate giving fast-track authority to U.S. presidents.
Should U.S. Presidents Have Fast-Track Authority to Get Things Done?
A Soho Forum debate on expanding or restricting presidential powers.
Divided Sixth Circuit Panel Rejects Chevron Deference for Interpretation of Criminal Statute
A long awaited decision in a challenge to the Trump Administration's "bump stock" ban tees up some interesting questions for the High Court's review.
Congress Grilling Tech Companies on COVID-19 Misinformation Is a Bit Rich
What about the federal government's own health experts?
Shooting a Fleeing Suspect Who Escapes Still Triggers the Fourth Amendment, Says SCOTUS
"The application of physical force to the body with the intent to restrain is a seizure, even if the person does not submit and is not subdued."
Sonia Sotomayor Questions Warrantless Gun Seizure in Big Fourth Amendment Case
“There was no immediate danger,” Sotomayor said, yet the police “decided on their own to go in and seize the gun.”
Will Democrats Really Nuke the Filibuster—and What Happens If They Do?
Are Mitch McConnell's threats credible, or is he a paper tiger?
Derek Chauvin Jury Selection Process Highlights Need to Stop Dumbing Down Juries
The system routinely excludes not only those who might be familiar with a given case, but also those who have relevant background knowledge that might improve the quality of jury deliberations.
Congress Uses COVID-19 As a Cover for an Epidemic of Fiscal Recklessness
Legislators view the disease as a license to spend like there’s no tomorrow.
Tennessee Tries To Limit Residents' Access to Wine From Other States (Again)
After losing at the Supreme Court in 2019, state lawmakers are now targeting fulfillment houses in an attempt to stop consumers from buying what they want.
Texas Medical Board Clears Houston Doctor Accused of 'Stealing' COVID Vaccine Doses He Wouldn't Let Go to Waste
Hasan Gokal tracked down people to receive doses that were about to expire. For that, he was fired and threatened with prosecution.
Attack of the Zombie ERA
Plus: A new documentary tells Reality Winner's story, occupational licensing reform is antitrust reform, and more...
743 Years and 3 Months. 117 Years. 51 Years. Why Are These Men's Sentences So Long?
For possessing a gun while committing a crime—even when no one is killed—too many defendants are slammed with sentences decades or even centuries longer than justice demands.
Biden Aims To Fund Future Spending Sprees With New Tax Hikes
Plus: Two dozen Texas bills seek to restrict voting, media companies seek special exemption from antitrust rules, and more...
My C-SPAN Interview with Charles Kesler, Author of "The Crisis of the Two Constitutions"
I interviewed him on Book TV about his new book.
The House Just Approved Two Background Check Bills That Would Make an Unfair, Irrational Gun Policy Even Worse
One measure would require checks for nearly all firearm transfers, while the other would increase delays in completing sales.
Meanings, Intentions, Original Law
Another way to understand what originalists are doing.
Biden's 'Rescue Plan' Will Sic the IRS on Anyone Who Earns $600 in the Gig Economy
What does this have to do with the pandemic? Nothing.
Californians Rejected a Harsh Law That Destroyed Freelance Jobs. Congress Is Trying To Make It Federal Law.
The PRO Act would demolish the gig economy for the benefit of labor unions and would undermine right-to-work laws.
'If You Wear a Federal Badge, You Can Inflict Excessive Force on Someone With Little Fear of Liability,' Complains Judge Don Willett
A federal judge protests the Supreme Court’s “rights-without-remedies” Bivens doctrine.
CDC Can't Force Landlords To Provide Free Housing, Says Court
Plus: Mexico moves closer to legalizing marijuana, Facebook fights monopoly allegations, and more...
Federal COVID-19 Bailout Prohibits States From Cutting Taxes
The measure could also make it illegal for states to create new tax credit programs, such as those used for expanding school choice.
Is the Supreme Court Preparing to End Qualified Immunity?
Experts disagree on whether this is likely or not. The answer remains unclear. But, either way, reform advocates should pursue both litigation and legislative reform. The two approaches are mutually reinforcing, not mutually exclusive.
These Nonprofit 'Disclosure' Requirements Are an Assault on the First Amendment
A California rule and a bill approved by the House seem designed to chill freedom of speech and freedom of association.
Georgia Republicans Aim To Restrict Voting by Mail
The state Senate approved some cynical changes to Georgia's absentee ballot laws under the guise of securing future elections from fraud that no one seems to be able to find.
Twitter Sues Texas Attorney General Ken Paxton, Accusing Him of Retaliating Against the Company for Banning Donald Trump
Plus: Iowa limits early voting, a prominent sex trafficking "rescue" group relies on psychics, and more...
State Revenue Is 'Virtually Flat.' Local Government Revenue Is Up Slightly. Congress Wants To Give Them $350 Billion Anyway.
The Democrats' COVID bill showers billions of unneeded dollars on state and local governments.
My New Washington Post op ed on Biden, Syria, and War Powers
I argue that the recent air strike was legal, but overall US military intervention in Syria still lacks required congressional authorization. Biden may be trying to change that; but history gives reason for skepticism.
Biden Indicates Openness to Replacing War Authorizations with "Narrow and Specific" Framework
This initiative might help restore congressional control over war authorization. But there is reason for skepticism that it will pan out.
Biden Says He Wants War Authorizations Repealed
Just keep an eye on the small print. The wars might officially end while still allowing inappropriate military meddling.
The 'COVID Relief Bill' Is Mostly an Expensive Bundle of Politically Motivated Giveaways
The Senate is preparing to pass a $1.9 trillion COVID-19 relief bill that has very little to do with the pandemic, and we all know it. Congress should admit as much.
Government, Not Big Tech, Is the Biggest Threat to Free Speech
One bill would require lengthy disclaimers on all online political ads.
Federal Spending Is Out of Control. No, Earmarks Won't Change That.
Congress throws far too much money at special interests.
New Laws Against Domestic Terrorism Are Unnecessary and Dangerous
Violent acts are already illegal, and new tools will inevitably be used against those who annoy the powerful.
Biden Should Nominate Judges Who Battled the Government in Court
More criminal defense lawyers, public defenders, and civil rights litigators may soon be appointed to the federal bench.
