Law & Government
Courts Are Quietly Taking Over the Internet
The next generation of online platforms is being shaped less by engineers and entrepreneurs and more by regulators and courts—and they’re very bad at it.
The Alien Enemies Act Doesn't Say What Trump Claims It Says
Father of the Constitution James Madison made a distinction between alien enemies and alien friends.
The Case Against Judicial Deference to Executive Branch "Factual" Determinations in Alien Enemies Act Cases
Legal scholar Rebecca Ingber offers some strong arguments against deference in this context.
The Trump EPA's Plan to End Greenhouse Gas Emission Regulation from Stationary Sources
Instead of making a headlong rush at the endangerment finding, the Administration is adopting a more targeted deregulatory strategy.
Thoughts on the Oral Argument in the Oregon Case Against Trump's IEEPA Tariffs
Like that in the similar case filed by Liberty Justice Center and myself, this one indicated judicial skepticism of Trump's claims to virtually unlimited power to impose tariffs.
The Supreme Court Said States Can't Discriminate in Alcohol Sales. They're Doing It Anyway.
Two decades after Granholm v. Heald was supposed to end protectionist shipping laws, states and lower courts continue to undermine the decision.
Cocaine Hippos, Monkey Copyrights, and a Horse Named Justice: The Debate Over Animal Personhood
Are human courts the best venue to protect wild animals?
Video of National Constitution Center Panel on "The War Over the Constitution's Meaning"
The participants were Amanda Shanor (Univ. of Pennsylvania), Alan Trammell (Washington and Lee), Wilfred Codrington, III (Cardozo), and myself.
Trump's Mass Cancellation of Student Visas Illustrates the Lawlessness of His Immigration Crackdown
A federal judge blocks the administration's "Student Criminal Alien Initiative," which targeted foreign students who had no criminal records.
Come July, Keys Will Be De Facto Illegal In Minnesota
The vast majority of keys on the market contain more lead than is allowed by the state's strict new heavy metal standards.
Baude on Trump v. Wilcox: "Predictable and Reasonable"
A defense of the Supreme Court's decision to let President Trump remove members of the NLRB and MSPB.
Does the Big, Beautiful Bill Contain a Threat to Judicial Independence? (Updated)
Is it a problem if a provision requires judges to comply with the Federal Rules of Civil Procedure?
Texas Bans Delta-8 THC, Which Is Only Popular Because of Prohibition
Six years after legalizing hemp and its by-products, the state is revising its drug policies and criminalizing products sold by thousands of Texas businesses.
The Executive Power Case That Unites Donald Trump and Franklin Roosevelt
Trump’s firing of a federal agency head may soon spell doom for a New Deal era precedent that limited presidential power.
A Split Supreme Court Says Oklahoma Can't Have a Religious Charter School
The deadlocked court doesn't provide much clarity to sticky questions about the limits of religious freedom.
Supreme Court Stays Reinstatement of Fired NLRB and MSPB Members
"Because the Constitution vests the executive power in the President, he may remove without cause executive officers who exercise that power on his behalf, subject to narrow exceptions recognized by our precedents."
A Top Antitrust Enforcer Is Open To Prosecuting People Who Disagree With Him
Mark Meador thinks the Federal Trade Commission may have the legal right to investigate nonprofits that “advocate for the interests of giant corporations” if they don’t disclose their donors.
How Does the National Debt Affect You? A Budget Expert Explains.
Higher debt means lower wages, higher interest rates, and fewer opportunities, says Romina Boccia of the Cato Institute.
Trump's Prescription Price Controls Would Lead to Fewer New Drugs
The executive order is likely unconstitutional, but if implemented as written, it would be detrimental to the American health care market.
Congress Is Giving Energy Lobbyists a 3-Year Window to Keep Up to $2 Trillion in Subsidies
The "one big, beautiful bill" keeps the corporate welfare that Republicans claim to hate.
America's Credit Is Falling—and the Government Is Still Digging Deeper Into Debt
The lesson from the Moody's credit downgrade is that the U.S. cannot borrow its way to prosperity.
Forbes Interview on Developments in Our Case and Other Litigation Against Trump's "Liberation Day" Tariffs
I was interviewed by Brittany Lewis of Forbes.
Supreme Court Orders Maine Legislator Censured for Social Media Post Must Get Voting Rights Back
On Monday, the court granted an emergency injunction allowing Rep. Laurel Libby to resume voting and speaking after she was censured for a post criticizing trans women in women's sports.
The GOP Tax Bill Will Add $2.3 Trillion to the Deficit, CBO Says
That total could double if temporary provisions in the bill become permanent, as is likely to happen.
A 10-Year Pause on State AI Laws Is the Smart Move
A proposed federal moratorium on state-level AI regulations is a necessary step toward a unified strategy that protects innovation and equity alike.
Competition Improves Services. So Why Not Apply That to Schools?
Government schools now spend about $20,000 per student.
Supreme Court Restores Maine Legislator's Voting Rights Pending Outcome of Appeal
The Maine legislature has sought to silence and disenfranchise one of its members due to objections to things she said.
Judge Rules in Favor of New Hampshire Bakery in Fight Over Donut Mural
Conway, New Hampshire's attempt to force a local bakery to take down the mural "does not withstand any level of constitutional scrutiny," a judge ruled this week.
Serious Immigration Law Enforcement Means Serious Destruction to American Liberty
Stephen Miller's trial balloon about abrogating habeas corpus in immigration cases shows how any libertarian with pragmatic intelligence should reject so-called "libertarian" arguments for strict immigration laws.
Trump Says Birthright Citizenship Is Only 'About the Babies of Slaves.' Historical Evidence Says Otherwise.
The 1866 debate over birthright citizenship included a debate over immigration.
Fourth Circuit Rules Against Trump Administration in Alien Enemies Act Case
In a 2-1 ruling, the Court ruled Trump's invocation of the Alien Enemies Act cannot supersede a settlement barring deportation of a group of migrants. One judge also held the AEA was invoked illegally.
The GOP Budget Is Big, Bloated, B.S.
Plus: A listener asks if the economic inequality data is bad.
At a Missouri Prison, Inmates Fear for Their Lives in Sweltering Cells
Without air conditioning, inmates are "literally trapped in a burning hot cell," according to a new lawsuit.
Not Even the Moody's Downgrade Can Make Republicans Take the National Debt Seriously
Friday's announcement by Moody's and the House Budget Committee vote could have been a turning point.
Supreme Court Allows DHS to Suspend Temporary Protected Status for Venezuelans
The latest SCOTUS order shows the justices are taking a more nuanced approach to district court injunctions of Trump Administration policies than its critics, left or right.
Federal Court Scraps Rule That Gagged Tennessee Civil Rights Attorney From Criticizing a Private Prison
For nearly three years, Daniel Horwitz faced contempt of court for talking about a private prison that was one of his most frequent courtroom opponents.
Lee Kovarsky, D. Theodore Rave, and Steve Vladeck on Class Actions and the Alien Enemies Act Litigation
Kovarsky and Rave defend the use of class actions in AEA habeas cases. Vladeck highlights the significance of the Supreme Court's grant of an injunction to a "putative class" of AEA detainees.
Texas Could Blow Its Shot at Leading the AI Revolution
A bad bill inspired by European tech panic threatened to drive out Tesla, Meta, and Nvidia. Lawmakers in the House improved it—but now the bill is stalled in the Senate.
When the U.S. Military Gave People Radiation Poisoning
"We did a lot of field studies and got nothing to show for it," said one U.S. Naval Radiological Defense Laboratory researcher.
Supreme Court Enjoins Summary Removal of Alleged Tren de Aragua Members under Alien Enemies Act
A majority of the justices seem unconvinced the Administration was prepared to provide the process that was due. Justices Alito and Thomas dissent.
