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.”
Law & Government
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
Justice Stevens Admits Error in the Kelo Case—but Also Doubles Down on the Bottom Line
In his recent memoir, he admits he seriously misinterpreted precedent in one of his most controversial decisions, but maintains he still got the result right.
To Defeat Trump, New York Times Columnist Argues, We Must Abolish Judicial Review
Jamelle Bouie's counterintuitive recommendation would effectively eliminate constitutional limits on elected officials, including Trump and every demagogue who follows him.
Originalism and the Law of the Past
Steve Sachs and I defend originalism against charges of "law office history."
May the House of Representatives Appeal Dismissal of Criminal Charges, When the Justice Department Doesn't Appeal?
From Prof. Jonathan Nash (Emory), an expert on Congressional standing.
House Tries To Give 'Dreamers' a Path to Citizenship, but Mitch McConnell Won't Even Consider the Bill
The Senate majority leader says he will not allow a vote on it, despite widespread support for the measure.
Don't Trust the FBI to Properly Use Its Massive Facial Recognition Database
You might consider buying a hat to cover your face—and hoping you’ll be allowed to wear it.
Will Senate Republicans Revolt Over Trump's Mexico Tariff Threats?
So far, the answer is "maybe."
Pirates, Pot, and Police: The Supreme Court Has Been Busy
Plus: intra-conservative culture war, Tulsi Gabbard on Snowden, and more…
Federal Judge Dismisses House of Representatives Border Wall Lawsuit for Lack of Standing
The decision does not reach the merits of President Trump's attempt to divert military funds to build his border wall.
Bipartisan Senate Effort Predictably Kills Rand Paul's Plan to Balance the Federal Budget
Paul's proposal to cut 2 percent from the federal budget for the next five years was predictably opposed by both Democrats and most Republicans
Justin Amash and Rand Paul Disagree About Impeachment, but Fight Together for Federal Surveillance Reform
Both still see surveillance abuse that needs fixing. They’re pursuing different paths to get there.
No, I'm Serious. The Roberts Court Won't Save Trump from Impeachment
Sometimes Dershowitz gives really bad advice
How Often Has the U.S. Supreme Court Upheld a Federal Law?
An awful lot, but who's counting?
Can the House of Representatives Continue a Prosecution That the Executive Branch Has Decided to Drop?
An interesting separation of powers question coming in the Female Genital Mutilation statute / Commerce Clause / Religious Freedom Restoration Act / Dawoodi Bohra litigation.
