Democrats' Crumbling Hopes of a Blue Wave Make Divided Government More Likely
A GOP Senate could act as a powerful check on a Biden administration.
Law & Government
California Voters Embrace Uber and Lyft While Rejecting Rent Control and Affirmative Action
Reason's roundup of state races and ballot initiatives
It Sure Looks Like Democrats Are Going To Retain Control of the House
It's been a good night for incumbents.
Today's Gubernatorial, Statehouse Races Will Set the Table for Redistricting Fights
Republicans rode an electoral wave in 2010 and used that perch to draw favorable congressional districts in many states. Will Democrats have the same opportunity after this year?
Snowden Announces Plans To Become Russian Citizen
The surveillance whistleblower has a child on the way and little sign a pardon is forthcoming.
Why Electing Biden (or Trump) Won't Settle Anything for Long
In an age of parties run by extremists, the next majority is just an election away, explains political scientist Morris P. Fiorina.
Why isn't Court-Packing Unconstitutional?
It is easy for originalists to reject challenges to court-packing; but the non-originalist arguments should be spelled out
Gavin Newsom's California Business Closures Are 'Autocratic, One-Man Rule,' Argues New Lawsuit
California's COVID-19 business closures have turned Ghost Golf into a shadow of its former self. Its owner is now suing the governor for the right to reopen.
Meat Bills Are on the Menu in Congress
America's meat supply has been hammered by COVID-19 outbreaks at many of the nation's largest meat processing plants, but Congress can solve this by reducing onerous regulations.
Dishonest Politics and Coronavirus Relief
Why people continue to trust government officials is a mystery.
A Big Tech Hearing As Pointless and Performative As Every Other One
Mark Zuckerberg, Sundar Pichai, and Jack Dorsey faced the music. The tune is becoming familiar.
Morris P. Fiorina: Why 'Electoral Chaos' Is Here To Stay
Whether Trump or Biden wins, the Stanford political scientist says "unstable majorities" will persist in the coming decade.
Invoking Scalia, Sotomayor Presses for Broad Fourth Amendment Protections
The Supreme Court weighs police shootings and unreasonable seizures in Torres v. Madrid.
Mark Zuckerberg to Congress: Please Regulate Us (Wink, Wink)
Plus: Unrest and looting in Philadelphia after the police shoot and kill a black man, Trump supporters stranded in Omaha, Biden faces new corruption allegations, and more...
Should Justice Barrett Recuse from 2020 Election Litigation? (Updated)
There's no precedent for a recusal, but there's also no precedent for the current situation.
Amy Coney Barrett on Lochner and the 14th Amendment
The Supreme Court nominee weighs in on a famous case.
This Judge Is Wrong About Economic Liberty and the Constitution
Perhaps Pennsylvania Supreme Court Justice David Wecht ought to read more history, starting with the speeches of the late Rep. John Bingham.
Gray Center Administrative Law Supreme Court Preview - Today
A Supreme Court Preview panel that focuses on administrative law.
Trump Grants Clemency to 5 More Federal Prisoners
All five cases were recommended to the White House by commutation recipient Alice Marie Johnson.
Libertarian Lawmakers or Libertarian Laws?
Advancing laws that further libertarian objectives, no matter who champions them, looks like the surer route to our preferred ends.
What Should Have Happened at the Amy Coney Barrett Hearings
"This is probably not about persuading each other unless something really dramatic happens," said Sen. Lindsey Graham (R–S.C.)
Ted Cruz Threatens To Force Facebook and Twitter Heads To Testify About Hunter Biden Article
Plus: Supreme Court won't stop Pennsylvania from counting late ballots, proposed amendment would limit Court to nine justices, and more...
Senate Republicans Sour on Trump as They Try To Save Their Majority
Sens. John Cornyn and Ben Sasse have spoken out sharply against Trump's policies and character as the election nears.
Supreme Court Decides to Take a Border Wall Case
The implications of this move are as yet unclear.
You Can't Always Trust What You Hear Online, and Congress Has Some Ideas About Fixing That
The House Intelligence Committee is mulling ways to stop an "infodemic." Is this really a task we want the government to tackle?
Amy Coney Barrett's "Suspension and Delegation"
As a professor, Judge Barrett expressed a skepticism of Executive Power that is uncommon among Republican nominees.
Do Originalists Ignore the Reconstruction Amendments?
The accusation is often made. But it simply isn't true.
How Big Can the Ninth Circuit Get?
The Judicial Conference is recommending additional judges for what is already the largest
Defendant Says He'd Never Try to Have Nonconsensual Sex; Is Accusation from When He Was 15 Admissible in Response?
Bonus fact: The majority opinion was written by a male judge, joined by three female judges (one of them a former sexual assault prosecutor). The dissent was written by a male judge.
Is the Senate Filibuster a 'Jim Crow Relic'?
The filibuster is not inherently a tool of oppression simply because segregationist politicians in the 1950s and '60s found it useful.
Delegation and Nondelegation at the Founding
A burst of recent scholarship exploring the Originalist case for and against the nondelegation doctrine.
Amy Coney Barrett's Confirmation Hearings Were a Master Class in Political Posturing
Americans likely learned very little about her judicial philosophy.
OK to Use Evidence Indirectly Obtained Using Facial Recognition Software
The results of facial recognition software might not be admissible evidence—but the police are allowed to use them to generate admissible evidence.
The Next COVID Stimulus Bill Could Cost Trillions of Dollars or Might Not Happen at All
There's a fox, a goose, and a bag of grain. And a hippopotamus in the middle of the river.
Trump Can End Census Now, Says Supreme Court in Ruling That Could Have Big Impact on House Seats
Plus: DOJ sues over Melania Trump adviser's book, Justice Clarence Thomas wants to limit Section 230, and more....
Due Process for Butterflies in the D.C. Circuit
The North American Butterfly Association will get the chance to press its Fifth Amendment claims against the Department of Homeland Security.
Supreme Court to Consider Constitutionality of Administrative Patent Judges
The Court adds an important Appointments Clause case to the docket.
Emergency Coronavirus Orders Upheld in Wisconsin, Rejected in Michigan
Plus: Pandemic brings rise in electronic ankle monitoring, a court rules on stimulus checks for incarcerated people, and more...
Big Tech Is Just the Beginning: House Dems Seek Major Changes to Antitrust Law
Enforcement is supposed to be about protecting "consumer welfare." Overturning that goal would be bad for all of us.
Senate Democrats Have Stopped Attacking Amy Coney Barrett's Faith for Now
Republicans understandably prepared for attacks on Barrett's faith which thankfully haven't materialized.
Tom Cotton Won't Debate His Libertarian Challenger. The Event Will Happen Anyway.
Ricky Dale Harrington is polling at 38 percent in a two-way race against one of the leading voices of the GOP's ascendant authoritarian nationalism.
Democratic Warnings That Confirming Amy Coney Barrett Would Doom Obamacare Are Implausible and Confused
There is little reason to think Barrett would vote to overturn the Affordable Care Act, which in any case seems legally secure.
Coronavirus in Congress Won't Stop Barrett Confirmation Hearings, Which Start Today
Plus: $150,000+ in fines in NYC's first weekend of new shutdowns, California ballot-box confusion, and more...
Debt Reckoning
After years of federal fiscal recklessness, is Washington's bill finally coming due?
