Trump's Blanket Clemency for Capitol Rioters Excuses Political Violence
The president drew no distinction between people who merely entered the building and people who vandalized it or assaulted police officers.
Law & Government
Can Trump Rename the Gulf of Mexico With an Executive Order?
The most important thing in any name is not what some official institution or a collection of old maps says. Spontaneous order tends to rule the day.
Trump's Birthright Citizenship Order Doesn't Just Apply to Undocumented Immigrants
Children could be denied citizenship even if their parents are here completely legally.
In Session
Lawmakers across the country introduce bills to strengthen private property rights, crackdown on out-of-control regulators, and get the government out of micromanaging stairways.
Trump Must Choose: Tariffs or Lower Prices
Domestic deregulation will decrease the cost of living. Trade barriers will do the opposite.
Day 1
Plus: Pardoning the Proud Boys, revoking birthright citizenship, Elon Musk's not-a-Nazi-salute, and more...
Biden's Preemptive Pardons Undermine Official Accountability and the Rule of Law
His last-minute acts of clemency invite Trump and future presidents to shield their underlings from the consequences of committing crimes in office.
Trump's Illegal First-Day Executive Actions
Several of his announced actions are likely to be illegal, especially some related to immigration.
Do You Feel Equal Yet?
Plus: Fauci preemptively pardoned, hostages released, Inauguration Day, and more...
In Print: Sweeping Section Three Under the Rug
My latest article with Michael Stokes Paulsen is in print
New Episode: Reference Check
Dan Epps and I discuss Royal Canin v. Wullschleger and TikTok v. Garland on the latest episode of Divided Argument
Hours After Going Dark, TikTok Is Back
The popular video app restored service in the U.S. after President-elect Donald Trump promised to postpone a federal ban.
The Laken Riley Act Reminds Us: If a Law Is Named After Someone, It's Probably Bad
Riley's murder was an atrocity. But the law bearing her name is a grab bag of authoritarian policies that have little to do with her death.
Can a School Require Students to Learn about Sexuality and "Cisnormativity" Over Parents' Religious Objection?
In granting Mahmoud v. Taylor, the Supreme Court has agreed to consider this question.
Biden Attempts To Ratify the Equal Rights Amendment by Blog Post
Biden announced today that the Equal Rights Amendment is the "law of the land," but the Justice Department and the national archivist disagree.
These Lawmakers Actively Use TikTok Even After Voting To Ban It
With just hours to go before it is set to shut down, many senators and representatives are still posting on the app they claim is too dangerous for the rest of us to use.
SCOTUS Rules in Favor of TikTok Ban as Some Supporters Realize It's a Bad Idea
"I cannot profess the kind of certainty I would like to have about the arguments and record before us," writes Justice Gorsuch.
President Biden, the ERA, and Constitutional Vandalism
A deeply mistaken decision on the way out of office.
Regulation, Prohibition, and Litigation: Joe Biden's Busy Lame-Duck Period
Why should an unpopular president shape so much policy on his way out?
As Fires Burn, Private Firms and Personal Effort Step In Where California Officials Fail
Californians are turning to private firefighting and security, but officialdom gets in the way.
DEA Ends Airport Gate Searches After Years of Documented Abuses of Civil Asset Forfeiture
The Justice Department temporarily suspended the program in November because of "significant risks" of constitutional violations.
Does the SEC Have the Authority To Regulate Digital Art?
In a federal lawsuit, artists say their nonfungible tokens should be treated like physical art.
So…Is TikTok Really Getting Banned?
The Supreme Court appears poised to uphold a ban on the app, but many creators aren't so sure.
Can the Private Sector Really Replace All Government Functions?
I can't stand big government, but I think we need something. Michael Malice says I'm wrong.
If California Can Suspend Permitting Rules After Wildfires, It Can Abolish Them
It shouldn't take a disaster for the state to consider fixing the rules that make it so expensive to building housing there.
Legal Education Has Lost Its Way
Millions of Americans are denied legal representation, and law schools are churning out lawyers who can’t meet society’s needs. It’s time for a two-track system.
Americans Continue Migrating From High-Tax to Low-Tax States
Increasing mobility and remote work make taxes an important consideration in where to live.
The L.A. Fires Are a Natural Disaster, Not a Policy Disaster
The Golden State has many bad policies in desperate need of reform. It's not obvious they had more than a marginal effect on the still-burning fires in Los Angeles.
Hegseth Faces the Senate
Plus: L.A.'s price gouging crackdown, more Rachel Maddow in your life, and more...
Election Reforms Blocked by Elections
Ranked choice voting and nonpartisan primaries suffered a bad election cycle in 2024.
Nevada Judge to Nevada Cops: You Can't Use This Loophole To Get Around Civil Asset Forfeiture Reform
The Nevada Highway Patrol exceeded its legal authority when it seized nearly $90,000 in cash from Stephen Lara in 2023 and then handed the case to the DEA.
Looting Is Bad. So Are Curfews.
The California National Guard should be helping to put out fires, not helping to restrict people's freedom of movement.
Supreme Court Denies Certiorari in Climate Tort Suits
The justices are not persuaded to intervene in state-law climate litigation.
Supreme Court Denies Certiorari for Braidwood Nondelegation Claim
The Court will only consider one of the issues in Braidwood Management v. Becerra
What's Wrong With a Private Firefighter?
Plus: Zuckerberg's metamorphosis, Trump's congestion pricing plans, and more...
California's Fire Catastrophe Is Largely a Result of Bad Government Policies
This year’s deadly wildfires were predicted and unnecessary.
Despite 2024 Setbacks, Drug Policy Is Still on a Long-Term Trend Toward Reform
Recent election results show the drug war’s punitive mentality still appeals to many Americans, even in blue states.
Another Study on Flavored Vaping Products the FDA Can Ignore
Evidence continues to accumulate that non-tobacco-flavored vaping products can help reduce or discourage smoking.
Athletes Find New Way To Avoid Taxes
Restructured contracts may help franchises who have a certain competitive disadvantage.
'The Constitution Is Not a Suicide Pact'
How a 1949 Supreme Court dissent gave birth to a meme that subverts free speech and civil liberties
Misinformation Expert's "Citation to Fake, AI-Generated Sources in His Declaration … Shatters His Credibility with This Court"
"[A] credentialed expert on the dangers of AI and misinformation, has fallen victim to the siren call of relying too heavily on AI—in a case that revolves around the dangers of AI, no less."
Supreme Court Grants Certiorari in Becerra v. Braidwood Management
Another significant administrative law grant of certiorari (and a dog that didn't bark).
Trump's Latest Defeat Is One of Many Decisions That Suggest SCOTUS Won't Rubber-Stamp His Agenda
Despite some notable wins, the president-elect's overall track record shows he cannot count on a conservative Supreme Court to side with him.
Fires Incinerated the Facade of California Governing Competence
Virtue-signaling is no substitute for disaster preparedness.
