Determined To Avoid Presidential Paralysis, SCOTUS Endorses Presidential Impunity
We need not conjure "extreme hypotheticals" to understand the danger posed by an "energetic executive" who feels free to flout the law.
We need not conjure "extreme hypotheticals" to understand the danger posed by an "energetic executive" who feels free to flout the law.
Georgia parents were accused of child abuse after they took their daughter to the doctor. Does the state's story add up?
After police detained Benjamin Hendren, they urged construction workers to lie about him.
Which party can do the least to fix America's troubled old-age welfare system?
I was one of the participants, along with many other legal scholars.
Officers should have known that handcuffing a compliant 10-year-old is unnecessary, the court ruled.
Plus: A listener asks whether Bruce Springsteen's song Born in the U.S.A is actually patriotic.
That some legal commentators are surprised by Justice Barrett may say more about Court commentary (and the way she was caricatured when nominated) than it does about Justice Barrett.
Plus: Journalists shilling for Biden, Zyn imitators pissing off regulators, in defense of Little Tech, and more...
"Documented Dreamers" continue to have to leave the country even though this is the only home many have ever known.
Georgia parents were accused of child abuse after they took their daughter to the doctor. Does the state's story add up?
We've now had two consecutive presidential administrations deploy versions of this same argument in response to questions about the fitness of the man allegedly running the federal government.
The Biden administration says its new Title IX interpretation is a legitimate reading of the statute, but opponents characterize it as arbitrary and capricious.
Proposed bills reveal the extreme measures E.A.’s AI doomsayers support.
The U.S. has successfully navigated past debt challenges, notably in the 1990s. Policymakers can fix this if they find the will to do so.
The Supreme Court's flawed decision largely ignores text and original meaning, and fails to resolve crucial issues.
Supervised release shouldn't require former inmates to give up their First Amendment rights.
A federal appeals court ruled that the government is not immune from a breach-of-contract lawsuit filed by foreign students duped into enrolling into a fake school run by ICE.
The decision to overturn Chevron removes an agency trump card, but does not instruct courts to ignore agency opinions--and they won't.
The 5th Circuit ruled that the agency violated the Administrative Procedure Act when it rejected applications from manufacturers of flavored nicotine e-liquids.
There is no textual basis for "immunity" as such, but there are structural reasons why some degree of insulation is inevitable.
A thoughtful, sober take on Trump v. United States.
Those three presidential candidates are making promises that would have bewildered and horrified the Founding Fathers.
Contrary to progressive criticism, curtailing bureaucratic power is not about protecting "the wealthy and powerful."
The doctrine makes it nearly impossible for victims of prosecutorial misconduct to get recourse.
Justice Ketanji Brown Jackson says these cases will "devastate" the regulatory state. Good.
“Immigration is an area of the law where the partisan alignments break down over Chevron.”
And a grand jury says that's illegal.
"This is an obvious attempt to use our public schools to convert kids to Christianity. We live in a democracy, not a theocracy," one ACLU attorney tells Reason.
By requiring "absolute" immunity for some "official acts" and "presumptive" immunity for others, the justices cast doubt on the viability of Donald Trump's election interference prosecution.
Notre Dame law Prof. Patrick Reidy argues that religious organizations are entitled to faith-based exemptions from zoning restrictions preventing them from building affordable housing on their land.
China's free speech record is bad, but the federal government's isn't so great either.
Donald Trump had a point before his campaign walked it back.
Her concurrence is a reminder that the application of criminal law should not be infected by personal animus toward any given defendant.
The Supreme Court's recent rulings limiting the powers of the administrative state are a blessing for liberals who might not control the White House for much longer.
The decision also negates two counts of the federal indictment accusing Donald Trump of illegally interfering in the 2020 presidential election.
It won't end the administrative state or even significantly reduce the amount of federal regulation. But it's still a valuable step towards protecting the rule of law and curbing executive power.
The Court says Chevron deference allows bureaucrats to usurp a judicial function, creating "an eternal fog of uncertainty" about what the law allows or requires.
Biden's incoherence and Trump's comparatively cogent lies demonstrate just how poorly the two-party system serves supporters of small government.
Justice Sonia Sotomayor called the Supreme Court ruling in SEC v. Jarkesy "a power grab." She's right, but in the wrong way.
In a 5-4 decision, the male justices side with the state and industry challengers and the female justices side with the Environmental Protection Agency
Assange's plea deal sets a threatening precedent for free speech and journalism.
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