Ahmaud Arbery's Alleged Murderers Almost Escaped Charges, Thanks to Prosecutorial Misconduct
As the trial wraps up, it's important to remember that the first prosecutor on the case, Jackie Johnson, has been indicted for violating her oath of office.
Law & Government
The Biden Administration Is Asking an Appeals Court to Lift the Order Blocking OSHA's Vaccine Mandate
The government argues that the 5th Circuit erred in concluding that the rule "grossly exceeds OSHA's statutory authority."
Thousands Beg President Joe Biden for Mercy as He Pardons a Couple of Turkeys
The annual photo op takes on cruel undertones as drug offenders continue to suffer under harsh federal prison sentences.
The First Amendment Protects Everyone, Even Facebook and Twitter
Florida passed a law to stop big tech “censorship.” But the law itself tramples First Amendment rights.
EPA/Army Corps Propose to Formalize Waters of the United States Definition
Perhaps surprisingly, the Biden Administration is not pushing an expansive interpretation of federal regulatory jurisdiction under the Clean Water Act.
Will Massachusetts Make Life Sweeter for Home-Cook Entrepreneurs?
It's oppressively hard, if not impossible, to sell homemade food in the Bay State. One lawmaker proposes massive regulatory reform.
House-Passed 'Build Back Better' Plan Aims To Curb Methane Emissions by Hiking Heating Prices
The Congressional Budget Office projects that the tax will raise nearly $8 billion over the next 10 years. That money will come out of consumers' wallets.
After 20 Years of Failure, Kill the TSA
The agency is far more of a threat than the dangers from which it supposedly protects us.
CBO: Biden's 'Build Back Better' Plan Will Add $367 Billion to the Deficit
The Congressional Budget Office's analysis of the bill is unlikely to prevent its passage through the House. A vote could happen later tonight.
Will Sixth Circuit Take OSHA ETS Case En Banc? (Updated)
A petition has been filed asking the full court to hear the legal challenges to the OSHA COVID-19 vaccinate-or-test mandate.
A Federal Judge Denied Trump's Claims of Permanent Executive Privilege
In denying the former president's claims of executive privilege, a federal judge sets a blueprint which should apply to sitting presidents as well.
Prosecution Rests in Ahmaud Arbery Murder Trial
Plus: The View eats its own, NPR ignores a victory for Asian-Americans, and more...
Challenges to OSHA Vaccine-or-Test Standard to Be Heard by Sixth Circuit
As a result of the multi-district litigation lottery process, all of the challenges will be heard in a single circuit.
Divided Sixth Circuit Refuses to Stay FDA's Denial of Vaping Product Application
In rejecting Breeze Smoke's application for a stay of the FDA's rejection of their product applications, the Sixth Circuit disagrees with the Fifth Circuit.
Assessing the Fifth Circuit's Decision Staying OSHA's Vaccinate-or-Test Emergency Temporary Standard
While the court identified serious problems with the new OSHA regulation requiring larger employers to vaccinate or test their workers, its opinion was rushed and sloppy.
This Republican's Marijuana Legalization Bill Aims To Build Bipartisan Support for Repealing Federal Prohibition
Rep. Nancy Mace is touting "a framework which allows states to make their own decisions on cannabis."
Originalism and the Result in Dobbs
Would the outcome in Dobbs put originalism in doubt?
Extending Its Stay, the 5th Circuit Says OSHA's Vaccine Mandate Is 'Fatally Flawed'
A unanimous three-judge panel concludes that the decree "grossly exceeds OSHA's statutory authority."
Should Israel-Boycotting Businesses Lose Kosher Certification?
Doesn't seem right to me, but I'd love to hear what people who know more about Jewish religious law think about it.
A Federal Vaping Tax Is Bad Policy and Bad Politics
The proposed vaping tax has caused a third Democrat to join Sens. Joe Manchin and Kyrsten Sinema in opposing the bill.
D.C. Circuit Concludes Trailers Are Not "Motor Vehicles"
A partially divided panel concludes the Environmental Protection Agency may not regulate trailers as “motor vehicles.”
DC Circuit Temporarily Blocks Release of White House of January 6 Documents
A panel of the court will hear Trump’s challenge to the release of material on an expedited basis.
SCOTUS Has Made It Practically Impossible To Sue a Rights-Violating Federal Officer
A new case asks whether a Border Patrol agent may be sued for alleged First and Fourth Amendment violations.
Let's Not Have a Bunch of Posturing Politicians Decide How Online Algorithms Should Work
The latest bill to “fight big tech” could turn your online experience into a miserable slog.
"Zombie" Voting at the Federal Trade Commission
The FTC is apparently taking actions based upon votes cast by a Commissioner who is no longer on the Commission.
District Court Rejects Trump's Executive Privilege Claim for January 6 Records (Updated)
In a well-reasoned opinion, the district court rejects the former President's efforts to prevent the release of information by the National Archives to the January 6 Committee.
Sixth Circuit Takes Michigan COVID Mask Rule En Banc
The full court will consider the proper standard for judicial review of COVID restrictions in religious institutions.
Rep. Paul Gosar's AOC Anime Video Is Protected by the First Amendment
Plus: Moderna claims full credit for vaccines, 19 percent of university job openings require DEI statements, and more...
Videos Are Making It Hard To Trust the Cops
It’s difficult to avoid the suspicion that the powers-that-be habitually lie about their conduct.
America's Ports Need More Robots, but the $1 Trillion Infrastructure Bill Won't Fund Automation
The one thing that would most help increase efficiency at America's lagging ports is also the one thing that Biden's union allies dislike the most.
Biden's Build Back Better Plan Contains One Potentially Helpful Housing Program
Funding for affordable housing and grants to incentivize streamlining zoning laws could represent a policy win for YIMBYs.
Here Are the Arguments That Persuaded the 5th Circuit To Block OSHA's Vaccine Mandate for Private Employers
The appeals court said the rule, which was published on Friday, raises "grave statutory and constitutional issues."
Congress Finally Passed Biden's Inefficient, Deficit-Hiking Infrastructure Bill
It's one of the most expensive legislative packages in American history, but the $1.2 trillion bill will end up doing far less than it otherwise could have.
Could the OSHA Vaccine-or-Test ETS Fall Prey to the Congressional Review Act?
Several Republicans are seeking to overturn the new OSHA rule. Despite the razor-thin margins in both Houses, a repeal resolution will not get enacted.
Biden Administration Imposes Vaccine Mandate on Health Care Facilities that Participate in Medicare or Medicaid
The Center for Medicare and Medicaid Services has adopted a more stringent rule for health care providers than OSHA is imposing on large employers.
The Details of OSHA's Vaccination Rule for Private Employees Suggest Several Ways It Could Be Vulnerable to Legal Challenges
Federal courts will have to decide whether the rule is "necessary" to protect workers from a "grave danger."
University of Florida Bans Professors From Testifying Against State Voting Law
"Outside activities that may pose a conflict of interest to the executive branch of the State of Florida create a conflict for the University of Florida," said the university in a statement.
OSHA (Finally) Issues Emergency Standard Mandating Large Employers Require Vaccination or Testing (Updated)
The federal standard contains some carve outs that were not part of the White House announcement, likely to help insulate rule from legal challenge. (Updated with a response to Ilya Somin.)
Supreme Court Seems Poised To Rule Against New York Gun Law
A majority of the Court voiced skepticism about the state’s conceal-carry licensing scheme.
School Board Sued for Censoring Residents and Erasing Criticism
The Pennsbury School Board is not only chilling speech, but also editing out community members’ critiques of the school board from YouTube videos of their meetings.
Congress Spends More on Defense Than the Next 10 Countries Combined
We can't afford to keep funding defense contractors' cost overruns.
A Tax Break for the Rich Could End up Being the Largest Part of the 'Build Back Better' Plan
Removing the cap on the state and local tax deduction would be a massive tax break for wealthy Americans who choose to live in high-tax states.
Manchin: Biden's New Spending Plan Relies on 'Shell Games' and 'Budget Gimmicks'
"I'm open to supporting a final bill that helps move our country forward, but I'm equally open to voting against a bill that hurts our country," Manchin says.
Kavanaugh Highlights Texas Abortion Law's Threat to 'Second Amendment Rights, Free Exercise of Religion Rights, Free Speech Rights'
The justice grilled a Texas official over the implications of his state’s abortion law.
Democrats Have a Lot of Bad Ideas for Tax Reform
Careful, thoughtful policy making is not ruling the day.
Supreme Court Agrees to Hear Case Challenging EPA Authority to Regulate Greenhouse Gases (Updated)
A surprising grant of certiorari places a high-stakes regulatory case on the Court's docket, with profound implications for EPA authority to regulate greenhouse gases.
TSA Owes $100 Million for Patent Infringement on Plastic Security Bins
When overly broad patents and the TSA clash, there are no heroes.
