Federal Court Rules Against Trump in Border Wall Cases
The decisions expand on the same judge's earlier preliminary ruling holding that the president cannot reallocate military funds to build his border wall.
Law & Government
Neil Gorsuch Disappoints Libertarians, Votes To Uphold Protectionist Liquor Law
The conservative justice would have permitted a nakedly anti-competitive regulation.
Kamala Harris Can't Stop Promising To Do Things Via Executive Order
At the second Democratic debate, the presidential hopeful showed her affinity for executive action.
Trump's Tariff Powers Need Limits. Congressional Democrats Just Introduced a Bill To Set Some.
"Working families should not have to pay the price for the president's reckless use of this tariff authority," says Rep. Stephanie Murphy, a Florida Democrat.
Markets, Not Politicians, Control the Law of Supply and Demand
By trying to control markets, lawmakers only make problems worse.
The Rights and Wrongs of Overruling Precedent
Despite occasional rhetoric to the contrary, neither conservative nor liberal justices are shy about overruling constitutional precedent they believe to be badly misguided. And that's a good thing.
Auer Deference and the Brand X Problem
What's the difference between the plurality's and the (quasi-)dissent's positions? The ability of agencies to overrule court interpretations in the future.
Auer Deference Survives Supreme Court Review (as the Liberal Justices Rule the Day)
The Court's four liberal justicces joined the majority in all three of today's Supreme Court's decisions
Gorsuch and Alito Fight Over Criminal Sentencing and the Right to Trial by Jury
Another day, another conflict between the Supreme Court’s Republican appointees in a criminal justice case.
Keep Expectations Low for Mueller's July Congressional Testimony
The special counsel has said he wants his report on Russian meddling in the election to speak for itself.
Man, This CBO Report About 'Unprecedented' Debt Levels Is a Bummer
The national debt will hit 140 percent of GDP before the end of the 2040s, and that's the optimistic scenario.
Trump Says He Can Strike Iran Without Congressional Approval. Justin Amash and the Constitution Disagree.
The Republican congressman from Michigan shot back on Twitter.
U.S. Cops Are Facing a Recruitment Crisis. Will It Force Them to Change Their Ways?
Nationally, 66 percent of police departments report seeing declining numbers of applications.
U.K. Appeals Court Overturns Ruling That Would Have Forced Mentally Disabled Woman To Get Abortion Against Her Will
Justice Natalie Lieven ruled it was in the woman's "best interests" because she has learning disabilities.
Kavanaugh Accuses Gorsuch of Judicial Activism in Criminal Justice Case
“The Court usually reads statutes with a presumption of rationality and a presumption of constitutionality.”
House Resoundingly Approves Broad Marijuana Federalism
A solid majority of congressmen, including 41 Republicans, voted for a spending rider that bars the Justice Department from interfering with the legalization of cannabis for medical or recreational use.
Clarence Thomas Benchslaps the Federal Government in a Property Rights Case
“Our role is to enforce the Takings Clause as written.”
HBO's Chernobyl Highlighted Government Malfeasance and Administrative Evil
The show wasn't about a nuclear disaster per se, but about how a government—and individuals—reacted in the face of disaster.
A Troubling Supreme Court Decision on Non-Delegation
Today's ruling in Gundy v. United States allows Congress to delegate to the executive broad power to create new criminal offenses. But there is hope the Court might reconsider Gundy in the future.
House of Representatives Votes to Rescind Authorization for Our Endless Wars
It's not likely to get anywhere in the Senate, but consider it progress.
In Sharp Dissent, Neil Gorsuch Faults SCOTUS for Letting the Attorney General 'Write His Own Criminal Code'
The conservative justice comes out swinging on behalf of the non-delegation doctrine.
Activists Want a Problematic Mural of George Washington Destroyed. It Will Cost a High School $600,000.
The artist wanted students to learn about Washington's flaws. How traumatizing.
House Votes Down Amash's Attempt To Stop Warrantless FISA Surveillance
Don't blame him for any FISA abuses. He's been fighting it for years.
Rampant Criminal Laws Make Bullies and Tyrants Rejoice
When "almost anyone can be arrested for something," no one is safe.
Jon Stewart Is Sanctimonious, but Congress Should Be Better at Doing Its Job
The fight over the 9/11 Victim Compensation Fund is pure political theater.
Deficit Politics May Have Gone Away, but Debt and Deficits Are Worse Than Ever
The federal budget situation used to be an emergency. What happened?
Gorsuch, Thomas, and Kavanaugh Clash With Roberts and Alito Over Federal Preemption of State Regulation
Understanding today’s Supreme Court decision in Virginia Uranium, Inc. v. Warren
Let's Move More Federal Agencies Out of Washington
There's no need for most federal agencies to be stationed in the nation's capital, one of the most expensive cities in the country.
Is the Chevron Doctrine Really Such a Problem?
Concern about Chevron Deference Would Be Better Focused on Delegation
Is the Indian System Strong Enough to Survive Modi?
India, unlike America, lacks checks against the designs of a populist authoritarian.
The Treasury Department Is Entrenching Trump's Nonsense View of Trade Deficits
In a new report, the Treasury Department declares it will begin scrutinizing any nation that runs a bilateral trade imbalance of more than $40 billion with the United States
Mick Mulvaney Turns His Back on Fiscal Responsibility
"Show me the majority for cutting spending," he says.
Violent Crackdown In Hong Kong as Residents Protest Bill Allowing Extradition to Mainland China
Also: Mike Lee says Congress must reassert power over the presidency. And so long to Sarah Huckabee Sanders.
Ted Cruz and Alexandria Ocasio-Cortez Join Push for Over-the-Counter Birth Control
Plus: an Arizona newspaper is beholden to prosecutors, and what does "economic freedom" mean to socialists?
Senators Rand Paul and Ron Wyden Pitch New Limitations on Presidential Emergency Powers
The United States is currently operating under 32 different national emergencies. This proposal would require Congress approve those declarations within 72 hours, and again after 90 days.
Shock Poll: Amash Down 16 Points in Republican Primary
First survey since the libertarian’s impeachment comments shows big lead for pro-Trump challenger
Scott Daniel Warren Is Free (for Now) After Jury Can't Reach Verdict on Charges for Aiding Migrants
Plus: Amash says the "two-party system is hurting America," Zuckerberg gets deepfaked, Wonkette's lame defense of Harris, and more...
Texas Legalizes Lemonade Stands Run by Children
The state previously required that kids get a permit.
House Will Vote on AOC's Proposal to Expand Medical Research on Marijuana, Magic Mushrooms
Clearing the way for additional research into those drugs will help craft public policy regarding their use, and could open the door to additional medical uses.
Federal Hospital Regulations Are a Competition-Killing Mess. A New Bill Promises To Fix That.
Consolidation in hospital markets is one cause of rising healthcare costs.
Neil Gorsuch and Stephen Breyer Butt Heads Over Judicial Deference to Federal Agencies
Understanding what's at stake in the important case of Kisor v. Wilkie.
You Can Get a Year in Jail for Feeding Garbage to a Pig
Attorney Mike Chase, behind the popular @CrimeADay Twitter feed, talks about his new book, How to Become a Federal Criminal.
Justin Amash Isn't Just Rebelling Against Trump. He's Fighting the Two-Party System.
The fed-up Michigan congressman just left the House Freedom Caucus he helped found.
Congress Wants to Help Broker a Better Tech Deal for Big Media
Plus: psychedelics research bill moves forward, big companies push back against abortion bans, and more...
Legal Scholars' Letter on Initiating a Congressional Lawsuit to End Illegal US Role in the Yemen War
A letter signed by a wide range of scholars with different political and jurisprudential views urges Congress to sue to end illegal US involvement in the Yemen conflict.
ACLU Says Harvard 'Sacrificed Principles Central to Our Legal System' When It Fired Ron Sullivan
The civil liberties giant defends a law professor who took on Harvey Weinstein as a client.
You Can Get 5 Years in Prison for Selling Llama Poop, and Other Ludicrous Laws
Mike Chase, the man behind the popular @CrimeADay Twitter feed, on his new book, How to Become a Federal Criminal
