Webinar on the Future of Humphrey's Executor and Agency Independence
A discussion of whether and when the Supreme Court might overturn Humphrey's Executor v. United States.
Law & Government
DOGE and Congress Should Look Hard at Reforming Social Security
Means-test Social Security, raise the retirement age, and let us invest our own money.
How Would Milton Friedman Do DOGE?
If the Department of Government Efficiency goes about this the wrong way, we could be left with both a presidency on steroids and no meaningful reduction in government.
The Case Against Ross Ulbricht Was About Government Power
President Donald Trump's pardon of the Silk Road creator is a rare moment of reprieve in an era of relentless government expansion.
Perils of Unitary Executive Theory
The originalist case for a unitary executive falls apart in an era when many of the powers wielded by the executive branch were not originally supposed to be federal powers in the first place.
What the Supreme Court Said about Dellinger v. Bessent in Seila Law v. CFPB
A district court judge has concluded that President Trump cannot remove the head of the Office of Special Counsel without cause. Supreme Court review is inevitable.
D.C. Circuit Stays Mandate in Marin Audubon Society v. FAA
After refusing to order remand without vacatur, the D.C. Circuit pauses the effect of its decision.
Defaming Businesses Doesn't Protect Consumers
If the Consumer Product Safety Commission doesn't have enough data to enact a rule, it shouldn't be making informal recommendations either.
Trump Admin Argues DOGE Is Exempt From Records Requests in FOIA Lawsuit
Elon Musk promised "maximum transparency," but that apparently doesn't include Freedom of Information requests to DOGE.
Tennessee Supreme Court Rules State Can Revoke Personalized '69' License Plate Because It's Government Speech
Most courts have ruled that vanity license plates are private speech and protected from viewpoint discrimination under the First Amendment.
Trump Promised To Lower Prices. Will Congress Help Him Deliver?
At the current rate of inflation, the dollar will lose 33 cents of purchasing power within a decade.
Banning Diet Supplements Won't Stop Teen Eating Disorders
Dietary supplement bans for minors may spread—but they’ll be costly, confusing, and ineffective.
Gay Penguins Face Florida's Classroom Speech Regulations
The authors of a picture book about two male penguins raising a chick together argue excluding their book from school libraries violates their free speech rights.
Judge Orders Newspaper To Delete Editorial Critical of City Government
After a lawsuit from the Foundation for Individual Rights and Expression, the city backed down. But it's still part of a worrying trend.
District Judge Blocks Trump's Refugee Resettlement Pause, Saying It 'Crossed the Line'
“I cannot ignore Congress’ detailed framework for refugee admissions and the limits it placed on the president’s ability to suspend the same,” said Judge Jamal Whitehead.
"Want a Hot Shower? Call Your Congressman," But Not Just to Support a CRA Resolution.
A useful example of how meaningful regulatory reform requires legislative action--and not just the passage of Congressional Review Act resolutions.
Will Absorbing the ATF Into the FBI Rein in Each Agency's Abuses?
The ATF, charged with regulating firearms, has a history of abuse and incompetence.
Elon Musk, Who Supposedly Is Running DOGE, Is Not Officially in Charge of Anything
The presidential adviser's lack of formal authority complicates his cost-cutting mission.
A SWAT Team Raided This Innocent Family's Home. The Supreme Court Won't Hear Their Case.
Whether or not a reasonable police officer violates clearly established law when he declines to check the features and address of his target house before raiding it is thus still up for debate.
D.C.'s U.S. Attorney Is a Menace to the First Amendment
Interim U.S. Attorney Ed Martin puts loyalty to Donald Trump ahead of loyalty to the Constitution.
Trump Administration Moves To Streamline Environmental Reviews
From forest restoration to energy infrastructure, NEPA delays projects that would benefit the economy and environment.
Is the Jones Act Unconstitutional?
The law is wasteful and protectionist. Now, a new lawsuit argues that it is unconstitutional too.
Fresh Starts on Starter Homes
Lawmakers in Arizona and California are attempting to overcome local resistance to meaningful starter home reforms.
The House GOP Budget Blueprint Promises More Borrowing, More Debt, and Not Enough Spending Cuts
"If the Republican budget passes, the deficit gets worse, not better," says Rep. Thomas Massie. He's right.
Trump's Love-Hate Relationship With Big Tech
If Trump wants to encourage domestic investment, his antitrust appointees should ditch their Big Tech prejudice.
Trump's ICE Detains Afghans Who Helped U.S. Forces
A former Afghan intelligence officer who worked alongside U.S. forces sought safety in America. Now, under the Trump administration’s immigration crackdown, his parole has been revoked, and he’s been detained without explanation.
Where Did All the Summary Reversals Go?
Why is the Supreme Court issuing fewer summary reversals? Is Justice Barrett the reason?
What Did You Do Last Week?
Plus: German elections, how I almost got arrested this weekend, and more...
Research Says Big Federal Grants to Local Governments Breed Corruption
DOGE may not just save money; it may encourage honesty.
RIP to Government Acronyms
One perk that may materialize from Elon Musk upending the federal bureaucracy is the downfall of the government’s obsessive use of abbreviations.
The Sunny Side of Donald Trump's Power Grabs
The president is positioning himself to have much greater control over a smaller, enfeebled federal bureaucracy.
Will FBI Director Kash Patel Be a Principled Reformer or a Trump Hatchet Man?
The newly confirmed head of the country's leading law enforcement agency has a history of advocating politically motivated investigations even while condemning them.
Trump Will Create 520,000 More Illegal Immigrants by Undoing Haitians' Protected Status
The move effectively retcons J.D. Vance's claim that legal Haitian immigrants were actually here illegally.
The Progressive Betrayal of Trans Americans
How well-intentioned laws created new cultural conflicts—and eroded personal liberty
Best Executive Order Yet?
Plus: The Democratic Party's insecurities, protesting Trump via interpretive dance, the Yosemite locksmith, and more...
Has the Imperial Presidency Arrived?
There's little question that Trump is taking the concept of the imperial presidency to its apogee.
Randy Barnett: How Legal Is Trump's Agenda?
Georgetown constitutional law professor Randy Barnett discusses the legality of DOGE, Trump's executive orders, and birthright citizenship.
The New Republican Budget Plan Is Unserious
It tries to offset as much as $4.8 trillion—mostly for tax cut extensions—with only $1.5 trillion in supposed spending reductions.
Mississippi Judge Orders Newspaper To Take Down Editorial Criticizing City Board for Secrecy
Free speech experts say the takedown order is a clear example of unconstitutional prior restraint under the First Amendment.
