DoD vs. FCC
Why does it matter is a federal agency is independent of Presidential control? Ask the Department of Defense.
Law & Government
Islamic Prenuptial Agreements (Mahrs) Are Enforceable by American Courts, Like Other Prenups
So a Maryland appellate court held last month, I think quite correctly (and consistently with the broad trend in other states):
Will the Trump Administration Finally Abandon Its Bizarre Position in the Texas ACA Case? (Update: No)
CNN reports that Attorney General Barr is (again) voicing opposition to DOJ's argument that zeroing out the mandate penalty should upend the entire law.
America Wasn't Ready for Coronavirus
Early takeaways from the country's response to a pandemic
Is Administrative Law Immoral?
A review of Richard Epstein's latest book: The Dubious Morality of Modern Administrative Law
Coronavirus Stimulus Has Cost $3.6 Trillion, but Oversight Is Still Severely Lacking
Before spending another dollar, Congress should make sure someone is keeping an eye how the largest pile of government cash in American history is being spent.
Dems' Hazard Pay Proposals Are a Recipe for a Lot Fewer Essential Workers
We need essential workers right now. We also need markets and the price signals they provide.
When the Supreme Court Upheld a Compulsory Vaccination Law
Infectious disease, public health, and the Constitution
Justin Amash Becomes the First Libertarian Member of Congress
In an interview, the freshly-minted presidential candidate talks abortion, the "spoiler" charge, and Joe Biden's flip-flopping, while insisting that 2020 is a "winnable race."
Make an Anti-Union Joke, Prepare to Be Accused of an Unfair Labor Practice
The NLRB's prosecution of a conservative journalist should be worrisome.
The Executive Order on Meat Processing Doesn't Compel Companies With Sick Workers to Stay Open
Plus: Justin Amash seeking L.P. nomination, pandemic hasn't halted FDA war on vaping, and more
Hawaiian Brewery Under Investigation for Hand Sanitizer Giveaway
Absurd enforcement of liquor regulations harms public health efforts.
How the Coronavirus Bailout Is Like the Marvel Cinematic Universe
Yes, the Reason Roundtable podcast has gone quarantine-crazy.
Court Strikes Down California's Ammunition Background Check Requirement
The state has already appealed the decision to the 9th Circuit Court of Appeals.
Let Healthy Young Americans Go To College and Work
Younger people aren't immune to the coronavirus but they are less likely to die or be hospitalized because of it. Let them choose their own risk.
Condemned to Death by a Split Jury in Florida
Requiring unanimous juries underscores the gravity of a death penalty sentence.
Social Security Will Be Insolvent Even Sooner Than Expected, Thanks to COVID-19 Pandemic
A new report from the Social Security Administration expects the program to hit insolvency by 2035. Some experts say it could happen as soon as 2028 if there is a serious recession.
Originalism and Dual-Track Incorporation
Why an originalist might think the same right can mean different things against the state and federal governments after all
The COVID-19 Economic Collapse Is Absolutely Wrecking State Pension Systems
With some investment returns likely falling as far as 15 percent, states are going to face a cumulative pension debt of between $1.5 trillion and $2 trillion by the end of the year.
GOP Debt Hypocrisy
The Trump-era GOP lends credence to the idea that Obama-era Republicans cared about deficits only as a means of hampering a Democratic president.
The Next Stimulus: Infrastructure Week, Another Rural Broadband Boondoggle, and Maybe a Sports Bailout?
It's obvious that there will be more government spending in response to the coronavirus, but distinguishing the essential from the nice-to-have is more important than ever.
The Attorney General Defends Civil Liberties Against Overreaching COVID-19 Control Measures
While denying Donald Trump's dictatorial impulses, William Barr notes that public health emergencies do not give governments unlimited powers.
Senate Approves Fourth Round of Coronavirus Spending: $484 Billion for Small Businesses, Testing, Hospitals
The deal primarily sets aside $320 billion for the Paycheck Protection Program for small businesses.
Trump Tweet-Threatens To Close the Borders (Which Would Just Destroy the Economy Even More)
Plus: New York legalizes Zoom weddings, federal labeling laws exacerbate grocery store shortages, and more...
Ilhan Omar's Bill Would Enable the Feds To Seize Landlords' Properties for Trying To Collect Rent During Coronavirus
The Minnesota congresswoman's proposal to cancel rents and mortgages during the coronavirus pandemic is both wildly impractical and constitutionally dubious.
Supreme Court Rules Non-Unanimous Jury Verdicts in Criminal Cases Unconstitutional
A 50-year-old precedent was tossed, which caused three justices to dissent.
Our Amicus Brief Urging the Supreme Court to Consider Takings Case in Which Authorities Refused to Compensate Innocent Owners of House Destroyed by Police
The brief was filed by the Cato Institute on behalf of both Cato and myself.
Can Trump Order Congress Home and Unilaterally Fill Vacancies Via the Recess Appointment Power?
The president contemplates a sweeping exercise of executive authority.
Frivolous Litigators Bite the Hands That Care for Them
Bogus lawsuits threaten medical professionals who are fighting on the front lines against COVID-19.
There Is Literally One Guy Overseeing Nearly $500 Billion of Emergency Coronavirus Spending
He has no colleagues or staff, but he's supposed to provide oversight on $454 billion in coronavirus spending—nearly equal to the annual budget for Medicare.
People, Not Politicians, Will Decide When the Coronavirus Shutdown Ends
It's not the politicians who have the power to reopen America, or at least the parts that are now closed. It's individuals, families, businesses, and religious congregations.
Trump Can Encourage States to Lift Their COVID-19 Lockdowns, but He Can't Decree That Outcome
The president has a history of asserting powers he does not actually have.
Trump Claims He Has 'Total' Authority Over When States End Social Distancing Rules. He's Wrong.
Plus: Americans plan to stay home for months, courts block more abortion bans, Amash "looking closely" at presidential run, and more...
No, Trump Cannot Open the Country Back Up Whenever He Wants
The president again insisted that the federal government can open the country by fiat. It cannot.
The Constitutional Case Against the Consumer Financial Protection Bureau
Will the Supreme Court question the underpinnings of the modern administrative state?
Trump Has Secret Emergency Powers?
"Presidential emergency action documents” concocted under prior administrations purport to give him such authority, according to a New York Times op-ed.
Kansas Supreme Court Invalidates Legislature's Scheme for Supervising Governor's Executive Powers
The scheme, created by a concurrent resolution, is inconsistent with the Kansas Emergency Management Act. A legislative council's decision to overrule the Governor's church shutdown order has thus been invalidated, and the church shutdown is back in effect.
Huge Legislature-Governor Conflict in Kansas, Over Emergency Powers (Stemming from Religious Freedom Dispute)
A "drafting snafu" with the Legislature's concurring resolution, which endorsed the Governor's initial emergency order, is casting many things in doubt.
Chicago Jail Inmate With COVID-19 Dies Shackled to His Hospital Bed
The Cook County jail is the country's largest known single source of new coronavirus infections.
Law School Honor Code Violation Is a Basis for Denying Bar Admission
Impermissible collaboration on a take-home exam, and subsequent lying about it, kept one law graduate from admission to the Ohio Bar.
Zoom Is Keeping Pandemic-Stricken America Connected. Cue Congress's Tech Panic.
Plus: Court upholds Texas abortion ban, Americans say they're choosing to stay at home, a doctor's view on hydroxychloroquine, and more...
Remy: Savage (Megan Thee Stallion Coronavirus Bailout Parody)
The last time we sent this much money to the Kennedy Center, it was for a pair of Hamilton tickets.
House Coronavirus Committee Will Investigate 'Price Gouging,' Not Government's Failed Pandemic Response
"We're not going to be looking back," said House Majority Whip Jim Clyburn.
New York's New Budget: No Legal Weed, No Fracking, No Flavored Vapes, No Police Transparency. But You Get E-scooters!
If only everybody weren’t stuck in their homes.
Moot Court in a Time of Coronavirus
If law students can run a moot court tournament through video conference, I'd think appellate courts can too.
