Dump the FDA for a Healthier America
The agency has hampered widespread COVID-19 testing and the production of both protective gear and hand sanitizer.
Law & Government
Coronavirus Gives the Illiberal Right Fever Dreams of Power
Hungary's Viktor Orbán consolidates power, Harvard's Adrian Vermeule fantasizes about wielding it, and many of those who oppose authoritarian conservativism beg Donald Trump to close the country down.
Another Trump-Appointed Judge Benchslaps the Trump Administration for Rewriting Federal Gun Laws
“The federal government forgot the Tenth Amendment and the structure of the Constitution itself.”
Will Pandemic Fears Grease the Way for Authoritarian Gun Controls?
Lawmakers are peddling restrictions on self-defense and other rights to a frightened public.
COVID-Era Abortion Bans Blocked in 3 States—For Now
Plus: "Netflix for 3-D guns," viral authoritarianism, COVID-19 behind bars, and more…
How Techies Ignored the Bureaucrats and Helped the COVID-19 Response
They were mocked for sounding the alarm. Now they're the ones providing the solutions.
New Jersey Allows, Then Blocks, Deliveries From Breweries and Distilleries
Takeout and delivery orders are the only thing keeping the state's 115 craft breweries afloat during the coronavirus outbreak.
Massie, and That Pesky Constitution, Hold Up COVID-19 Bailout Bill
Plus: civic dynamism on display, Justice Department embraces home detainment of federal prisoners, and more...
The Coronavirus Testing Debacle Stems From Decades of Bad FDA Policy
The agency's emphasis on caution over speed led to needless suffering and loss of life long before the COVID-19 pandemic.
Nearly 3.3 Million Unemployment Claims Due to Coronavirus Economic Meltdown
Much about the COVID-19 outbreak has been unprecedented and historic, but until now it's been difficult to quantify exactly how serious a blow the virus would deal to the U.S. economy.
The Senate's COVID-19 Relief Bill Is a Crony Capitalist Dream
Plus: COVID-19 in prisons and jails, Trump campaign threatens TV stations, state disparities in new coronavirus cases, and more...
Most Politicians Are Disingenuous Opportunists. The Coronavirus Outbreak Only Makes That More Obvious.
Politicians are merely using COVID-19 to push for policies they already wanted.
FDA Relaxes Rules To Allow for More Ventilators, Finally
Restrictions have been loosened to help ramp up production.
Supreme Court Upholds State Law Limiting the Use of the Insanity Defense
Kansas “will not wholly exonerate a defendant on the ground that his illness prevented him from recognizing his criminal act as morally wrong.”
These Churches Refuse To Close Over COVID-19. Does the Constitution Protect Their Right To Remain Open?
Religious liberty, public health, and the police powers of the states
H.L. Mencken on 'Numskull' Presidents, the Spanish Flu, and the Depression
Thought during an epidemic from a defender of freedom
Supreme Court Postpones Oral Arguments Over COVID-19, Some Justices Will Work From Home
The coronavirus upends business as usual at SCOTUS.
The EARN IT Act Is the New FOSTA
The new bill takes aim at internet freedom and privacy under the pretense of saving kids.
Police Powers During a Pandemic: Constitutional, but Not Unlimited
Weighing the state and local response to COVID-19
An Epidemic Big Enough to Accommodate Everyone's Wish List
Politicians of both major parties are using COVID-19 to advance their pre-existing policy agendas.
The Constitutionality of Territorial Courts
Adjudication Outside Article III (part two)
The Not-So-Great Society
Historian Amity Shlaes on the good intentions and bad results of LBJ's war on poverty
Chelsea Manning Freed Again, but Her Refusal to Testify Comes With a $256,000 Price Tag
She was imprisoned for a year as she resisted a grand jury's investigation of WikiLeaks.
A Qualified Immunity Case That the Federal Courts Got Right
Fatal police shootings and the Fourth Amendment
Over Objections From Privacy Advocates, Tame Surveillance Bill Sails Through the House
Some Republican senators are working hard to get Trump behind stronger fixes.
A Compromise Bill on Domestic Surveillance Reform Aims to Do Just Enough to Shut Trump Up
Privacy activists on the left and the right decry a limp set of proposed changes to the USA Freedom Act.
Will We See Real Surveillance Reform This Week?
The USA Freedom Act is about to sunset. Who will decide how and if it will be changed?
Senators Push Sneaky Anti-Privacy Bill
The EARN IT is an attack on encryption masquerading as a blow against underage porn.
Did Louisiana Enact a Bogus Health Law as a Pretext for Banning Abortion?
The Supreme Court weighs abortion regulation in June Medical Services v. Russo.
A Mississippi Woman Gave Diet Advice Without a License. The State Threatened To Throw Her in Jail.
Mississippi has a reputation for being one of the most obese states in the nation, as well as having one of America's highest incarceration rates. Neither will be improved by treating unlicensed dieticians like serious criminals.
Chuck Schumer's Trumpian Attack on the Supreme Court Threatens the Judicial Independence That Democrats Claim To Defend
The Senate minority leader threatened two justices by name, and then he lied about it.
Reviving Congressional Reauthorization
A Symposium at The Regulatory Review engages with "Delegation and Time," and the question of whether Congress is capable of addressing nondelegation concerns.
California's Gig Economy Is Under Attack
"Companies can simply blacklist California writers and work with writers in other states, and that's exactly what's happening."
SCOTUS Denies Certiorari in Bump Stock Case (But Justice Gorsuch Blasts Lower Court's Reasoning)
A high-profile gun case actually presents meaty questions of administrative law
Gorsuch Throws Shade at Trump Administration for Rewriting Federal Gun Laws Without Congressional Approval
“Why should courts, charged with the independent and neutral interpretation of the laws Congress has enacted, defer to such bureaucratic pirouetting?”
Red State Challenge to Affordable Care Act Goes to SCOTUS (But the Arguments Remain Incredibly Weak) (Updated)
Today's cert grant is based on the importance of the case, not the quality of the arguments
Interesting Official Privilege Case,
stemming from a dispute about picketing and open carry.
The National Interest, C'est Moi
This inability to agree on the nature of the national interest is endemic not just to the new nationalism, but to all of politics.
Court Concludes Ken Cuccinelli Not Lawfully Appointed Acting Director of USCIS
An important and thoughtful opinion that potentially invalidates Trump Administration refugee and asylum policies.
If Bloomberg's Arrogance Worries You, His Weaselly Positions on Presidential Power Won't Reassure You
The presidential candidate reserves the right to wage unauthorized wars, kill Americans in foreign countries, prosecute journalists, and selectively flout the law.
The Looming Supreme Court Showdown Over Sanctuary Cities
The legal battle over immigration, federalism, and executive power heats up.
Rand Paul Says Trump Is Backing Surveillance Reform
Plus: Who's using Clearview AI?, court rules against Joe Arpaio, and more...
Elizabeth Warren Adopts Cory Booker's Plan for a Better Presidential Clemency System
Shifting the process from the Justice Department to the White House can help eliminate bureaucracy and meddling from prosecutors.
Would a Presidential Pardon for Roger Stone Be Unconstitutional?
The argument requires several controversial assumptions and leaps of logic.
