The Senate's Driverless Car Bill Is Broadly Deregulatory and Promisingly Bipartisan. Naturally, It's Going Nowhere.
Tepid attempts at loosening federal regulations have crashed into senatorial intransigence.
Law & Government
The Best Parts of the Kavanaugh Hearing
A great set of colloquies on originalism, the Federalist, and human imperfection.
Ben Sasse is Half-Right About Congress' Excessive Delegation of Power to the Executive and the Courts
He's right that Congress has delegated too much power, but wrong about the reason, which is not that Congress is afraid to legislate but that it legislates too much.
Kavanaugh's Testimony on Executive Power [Updated with Material from the Afternoon Session]
No great surprises so far. But some notable points nonetheless.
Ben Sasse Explains Why the Politicization of the Supreme Court Is a Dangerous Thing
"Government is about power. Government is not just another word for things we do together," said Sasse.
New Poll Shows Inclusion of Libertarian Candidate Helpful to Claire McCaskill in Toss-up Missouri
With Japheth Campbell in the survey, Claire McCaskill Has a 4-point advantage over Josh Hawley in new Marist College poll of likely voters. Without? Dead heat.
Jon Kyl Is Replacing John McCain. What Will That Mean?
He's a social conservative, but not necessarily an immigration hawk or a Trump loyalist.
5 Questions for SCOTUS Nominee Brett Kavanaugh
What the Senate Judiciary Committee should ask the Supreme Court nominee.
Gorsuch's Record Was More 'Liberal' Than Kennedy's This Term
Of course, Gorsuch had his share of clashes with the liberal bloc too.
Washington Post Symposium on Brett Kavanaugh's Jurisprudence
The Post has a symposium in which a a variety of legal commentators (myself included) discuss what they consider to be Judge Kavanaugh's most important opinions.
Things I Hate About the Constitution
Legal scholars are often accused of claiming that the Constitution fits their political views. Here are several important issues where it doesn't fit mine.
Orrin Hatch Wants the FTC to Investigate Google
Hatch's letter to FTC Commissioner Joseph Simons comes amid President Trump's attacks on the search giant.
Democracy Is Not the Central Value of the Constitution
Efforts on both right and left to make the democracy-promotion the key focus of constitutional law should be rejected.
Upsets in Florida, Business as Usual in Arizona, and No Clear Answers About Future Elections
A Trump loyalist, a Bernie-backed progressive, and lots of moderates were victorious. It's hard to create an overarching narrative out of that.
Ignorance Is Trump's Excuse
Given the president's confusion about campaign finance law, how could he have "knowingly and willfully" violated it?
Trump's Trade Deal with Mexico Looks Like a Dud
The deal empowers "government bureaucrats rather than markets to determine the components in cars and other goods," says Sen. Ben Sasse.
My Latest Guest Appearance on First Mondays: "A Bunch of Printers"
I discuss the Kavanaugh nomination, originalism, and much more with Professors Dan Epps and Ian Samuel.
Some Reluctant Skepticism About the New Law Clerk Hiring Plan
An important post by Professor Aaron Nielson asks whether the new law clerk hiring plan is broken, and worse than no plan at all.
More on the Debate over the Space Force and the Constitution
The National Constitution Center summarizes contributions to the ongoing debate over the constitutionality of the Space Force - including a new Congressional Research Service report on the subject.
Criminal Justice Reform in Congress Is On Hold, but Advocates Remain Hopeful
Trump and Republicans will wait until after midterm elections to try to pass a long-awaited prison reform bill.
Senate Budget Votes Are a Sign of the Trump Era's Other Legacy
One of the most lasting consequences of the Trump years will be Republicans' complete abdication of fiscal responsibility.
Rep. Justin Amash: Don't Impeach Trump Just Because You 'Dislike' Him
The allegations against Trump are serious, Amash says. But impeachment, he adds, isn't something to take lightly.
Congressman Launches His Yacht in the Swamp
Rep. Vern Buchanan bought a yacht with a giant loan from a foreign bank that lobbied heavily in favor of tax reform.
Trump Might Be a Criminal. But So Is Everyone Else.
A question that now hangs like a miasma over D.C. is "Which of my staffers would hang me out to dry in order to avoid going to federal prison?"
Rep. Duncan Hunter Uses Campaign Funds for Steam Games and Hawaiian Shorts
"Of course they are all campaign. Why else would I charge them to the campaign [credit] card."
Advice to Entering Law Students
Some ideas that might help you make better use of the opportunities available to you.
Alexandria Ocasio-Cortez Bans Reporters From Public Town Halls
If she wants to serve in Congress, she'd better get used to being hounded by the press.
Public Sector Unions Win Big at the California Supreme Court in Getting San Diego Pension Reforms Overturned
California citizens must now meet and confer with union bosses before qualifying any compensation-related initiatives for the ballot.
Originalism's Final Frontier: Is Trump's Proposed Space Force Constitutional?
The issue was recently raised by legal scholar Michael Dorf, and goes back to earlier debates about whether originalism implies that the Air Force is unconstitutional.
Trump Picks Record Number of New Judges
Assessing the president's lower-court selections.
Nevada Assembly Candidate Dennis Hof Loses Brothel License
Love Ranch, a brothel owned by Nevada Assembly candidate Dennis Hof, loses their brothel license.
The $289 Million Verdict Against Monsanto Is Scientifically Outrageous
California jurors misled by activist misinformation
Massachusetts Mayor Claims Sam Adams Is Profiting Off Trump's 'White Nationalist Agenda'
Taking a tax break now amounts to taking a side.
L.A.'s New Police Chief Pretended To Retire and Got $1.27 Million for It
Cash-in on a controversial, costly program from city's new top cop.
Overturning Chevron Would Not Gut the Administrative State—but It Would Strengthen the Rule of Law
Eliminating judicial deference to administrative agencies' interpretations of federal law would not destroy the administrative state, or even significantly reduce the amount of regulation. But it would have some real benefits, nonetheless.
Is Supreme Court Limiting Chevron's Domain?
The justices show little interest in deferring to agency interpretations.
Extending Last Year's Tax Cuts Without Massive Spending Reductions Would Be a Fiscal Disaster
New CBO analysis shows debt could exceed 200 percent (!!!) of GDP by mid-century without changes.
Rep. Chris Collins (R-NY), Associates, Arrested on Insider Trading Charges
Even though it's illegal, the ability to spread knowledge that ought to affect stock prices is likely better for overall market efficiency.
Popehat's Ken White: 'Free Speech Is in Just as Much Danger from Conservatives'
The idea that "free speech is a conservative value and censorship is a liberal value" is "historically completely illiterate."
Close Ohio Congressional Race Leads to Typically Tiresome Shaming of Third-Party Voters
No, the Green Party didn't "spoil" the Democrats' chance at a seat.
The Important but Arcane Procedural Issue That Might Upend the Restraining Order Against Defense Distributed
Did the settlement with the distributor of home gun-making hardware and software remove computer files from the United States Munitions List or just temporarily stop treating them as affected munitions?
Illinois Lawmaker Resigns Following Revenge Porn Allegations
Interestingly enough, State Rep. Nick Sauer cosponsored an an ethics and sexual harassment bill during his short two years in office.
Tax Reform 2.0? Let's Do Better
We need to get serious about controlling government spending.
Pentagon Moves Forward With Space Force, Though Congress Hasn't Approved It Yet
The Pentagon can't create an entirely new branch of the military on its own. But it's moving forward where it can.
Path Cleared for Still-Undecided Gary Johnson's Potentially Historic Senate Bid
Aubrey Dunn, the highest-ranking Libertarian elected official in the country, drops out of the New Mexico Senate race to make way for a two-time governor/presidential candidate who five months ago said he was "done with elected political office."
Ruth Bader Ginsburg Thinks She Has 'At Least 5 More Years' Before Retirement
The Bill Clinton appointee's comments suggest she doesn't want Donald Trump to nominate her successor.
