Michigan Gov. Gretchen Whitmer Wants President Donald Trump To Impose a Nationwide Face Mask Mandate
Whitmer's argument is short on facts and legal reasoning.
Law & Government
Rand Paul on Republican Plans for Another Coronavirus Stimulus Bill: 'They Simply Don't Care About the Debt'
Congress is currently debating what should be included in the next trillion-dollar (and counting) stimulus bill, but nothing is likely to pass this week.
Trump Deploys Lawlessness Against Lawlessness
The president’s heavy-handed response to protests against police brutality belies his promise of "law and order."
Congress Is Paying People a Lot of Money To Not Work
Though the unemployment insurance benefits boost eased the immediate pain of shuttering much of the economy, it made it harder to get things moving again.
American Airlines Reportedly Accused a Black Social Worker of Kidnapping the White Child In Her Care. Now She's Suing.
Never mind the court order showing the child as a dependent in her care.
Justin Amash's Tenure as the Libertarian Party's First Member in Congress Will Be Shortlived
Plus: Homeland Security memo worries masks will thwart their surveillance, the feds are snatching people off the streets in Portland, Congress takes up the D.C. shroom debate, and more...
Trump Humiliates Jeff Sessions One Last Time
Plus: White House drops student deportation plans, Breonna Taylor protesters arrested, Josh Hawley's fake rescue mission, and more...
Betraying Trump, Kavanaugh and Gorsuch Stay Loyal to the Law
Two centuries of precedents say the president is not immune from judicial process.
Should Schools Be Fully Reopened in the Fall?
The Reason Roundtable weighs in on the latest coronavirus policy debate.
Interesting Entrapment Case
"Using a bait-and-switch tactic, a detective posing as [eighteen-year-old] Amber chatted and flirted with DeMare online and via text message for four days as an adult before revealing on the fifth day that she was actually a minor."
President Trump's Use of the Pardon Power
An analysis finds that Trump is both more stingy and more self-serving than his predecessors in how he has used the pardon power to date
Trump Commutes Ally Roger Stone's Prison Sentence
Stone was set to report to federal prison to serve 40 months for lying to Congress and witness tampering.
After Dems Exaggerate Impact, Panicked Kids Are Suing Over Betsy DeVos Title IX Changes
Distorted partisan descriptions of the Department of Education changes could be doing real damage.
The Next Coronavirus Stimulus Package Should Also Repeal Tariffs
Abolishing tariffs would have short- and long-term benefits for the economy.
John Roberts Just Annoyed Everybody. Is He the New Anthony Kennedy?
The chief justice has managed to infuriate every major political faction.
"A Better Way to Limit Congress' Subpoena Power"—My SCOTUSblog Symposium Article on Trump v. Mazars
The article critiques the majority decision, and outlines a better way to limit Congress' subpoena power.
Preliminary Thoughts on the Mazars and Vance Cases [Updated with Link to my SCOTUSblog Article on Mazars]
Vance strikes me as compelling and correct. Mazars creates a complex and unwieldy balancing test.
Roberts, Gorsuch, and Kavanaugh Reject Trump's Assertion of 'Absolute Immunity' From State Criminal Subpoenas
The Supreme Court weighs the legality of subpoenaing Trump’s financial records.
BREAKING: Supreme Court Decides Trump Financial Records Cases and Fate of Eastern Oklahoma (Updated)
The Supreme Court rejected Donald Trump's claims of immunity, but reaffirmed limits on investigatory powers, and ruled in favor of Native American tribal claims against Oklahoma.
A Big Day for Religious Liberty at the Supreme Court
On the penultimate day of the October 2019 term, the Supreme Court expands the ministerial exception and upholds exemptions to the contraception coverage mandate.
Qualified Immunity Is a Test for Conservatives
The judicially invented license for police abuse undermines the rule of law and the separation of powers.
Supreme Court Reaffirms Traditional Severability Principles in Barr v. AAPC
In a decision considering federal limitations on robocalls, the Supreme Court reaffirmed its longstanding approach to severability.
I Don't Want To Be Anybody's Employee
The push to reclassify independent contractors is harming many of the workers it's supposed to help.
Lindsey Graham's Terrible Anti-Privacy 'EARN IT' Act Passes Senate Committee
This isn't a bill about fighting child porn. Don't fall for it.
En Banc D.C. Circuit Delivers Big Win for Landowners
The U.S. Court of Appeals for the D.C. Circuit rejects a procedural trick used by FERC to avoid judicial review.
Lawsuit Against 'Shitty Media Men' List Creator Can Proceed, Judge Says
Plus: Tech giants will testify in Congressional antitrust hearing, Seattle police clear out CHOP, and more...
Judge Luttig on How the D.C. Circuit Bungled the Flynn Case
Former federal judge Michael Luttig thinks that the D.C. Circuit did not really understand what was at stake.
House of Representatives Votes to Give D.C. Statehood
The House voted to recognize the District of Columbia as a state, but many obstacles still lie ahead.
When One Federal Agency Sues Another in Federal Court
If the U.S. Postal Service and the Postal Regulatory Commission disagree, does the case belong in federal court?
Supreme Court Rules Against Consumer Financial Protection Bureau, Says Agency's Format 'Clashes With Constitutional Structure'
SCOTUS rules 5–4 in Seila Law v. Consumer Financial Protection Bureau.
Why John Roberts Joined the Supreme Court's Democratic Appointees in an Abortion Case
Roberts dissented in 2016 when SCOTUS struck down an abortion law. What changed this time around?
My New Atlantic Article on Trump's Coronavirus Immigration Bans
The article explains why these policies, which made made America more closed to immigration than at any previous time in history, are both harmful and a dangerous executive power grab.
Rand Paul Tries (Again!) To Make It Harder for Police To Take Your Stuff
Federal civil asset forfeiture bill reintroduced as police reform efforts hit a partisan wall.
This Week in Policing Reform: Utah Outlaws Kneeling on Suspects' Necks, Memphis P.D. Ends No-Knock Raids
There's a lot going on. Here's a rundown of significant police reform news from around the country.
House Passes Policing Reform Package, Including Provision That Would End Qualified Immunity
Republicans have said ending qualified immunity is off the table, and for the moment policing reform looks dead in Congress.
Seattle 'Autonomous Zone' Sparks Class Action Lawsuit From Local Businesses
The plaintiffs argue that the city's tolerance of the Capitol Hill Occupied Protest has resulted in lawlessness and lost business.
The Federal 'Anti-Lynching' Bill Sacrifices Justice for Symbolism
In the name of fighting lynching, the bipartisan bill authorizes 10-year sentences for minor crimes like vandalism.
This Republican Senator Calls Three Black Men Peacefully Carrying Long Guns 'Mob Rule'
A Second Amendment hypocrite with a plan to undermine federalism
The Feds Sent More than 1 Million Coronavirus Stimulus Payments to Dead People, GAO Says
As much as $1.4 billion might have been paid to deceased Americans. The IRS says that money must be returned.
Devin Nunes Can Sue Cow Account but Not Twitter, Says Judge
Plus: Time to cancel U.S. propaganda outlets, Twitch sued over sexy women, new Assange indictment, social-justice symbolism, and more...
Congress Drops the Ball on Small Business Coronavirus Rescue
Another case of typical congressional carelessness.
Bayer Surrenders to Trial-Lawyer Extortion Over Bogus Glyphosate Weedkiller Cancer Claims
The chemical company has agreed to create a $10 billion settlement fund
Crime Victims Rights Amendment
The D.C. Circuit's Dubious Decision Ordering the Flynn Case Dismissed
A 2-1 ruling concludes that the district court cannot even hold a hearing on the subject.
Senators Propose a Cool New Contest To Destroy Your Online Privacy
A new, terrible anti-encryption bill with a twist
A Senate Republican Has Officially Come Out Against Qualified Immunity
The legal doctrine frequently allows police officers to violate your rights without fear of civil liability.
Turning Local Disturbances into Federal Cases
The Department of Justice is finding creative ways to file federal charges against rioters and looters.
Did John Roberts Just Put an End to Remand-Without-Vacatur?
Professor Christopher Walker explores a potential wrinkle in the DACA decision.
Of Chris Rock, Cartoons, and Qualified Immunity
A Sixth Circuit panel rejects claims of qualified immunity for officers and Monell immunity for a Cleveland suburb.
