Law & Government
The Cold War Broadcasting Apparatus Should Shut Down
Dissidents resisting authoritarian regimes should be independent of the United States—and so should their media sources.
Trump's Awful Decision to Gut Voice of America and Radio Free Europe/Radio Liberty
Trump is destroying a valuable source of American "soft power" and an inspiration to people suffering under authoritarian regimes.
Trump Invokes Alien Enemies Act as Tool for Deportation - Federal Court Issues Temporary Restraining Order Against it [Updated]
If courts allow Trump to get away with using the Act in peacetime, it would set a dangerous precedent.
My US News and World Report Article on Trump's Dictatorial Immigration Power Grabs
The article is coauthored with Cato Institute scholar David Bier.
Anti-DEI Executive Orders Can Go Forward, for Now, Says Federal Appeals Court
A district judge had "found the provisions likely unconstitutional and issued a nationwide injunction" against them; the Fourth Circuit just stayed that injunction, pending full consideration of the issue on appeal.
How Pokémon Helps Explain DOGE
Musk's fans and critics will keep debating whether DOGE is revolutionizing government or wrecking important institutions.
TSA Screeners' Union Sues the Trump Administration for Violating Its First Amendment Rights
Passengers suing the TSA for First Amendment violations have had a rough time in court.
Passport Applicants May Have To Affirm That They Are 'Not Required To Register' As Sex Offenders
The proposed State Department policy would add to the irrational burdens that registrants face.
Howard Lutnick Doesn't Get To Decide What You Buy
There is no "royal we" in the marketplace.
Georgia Antidoxing Bill Could Criminalize Everyday Criticism
The bill is a "law against criticism of any kind," according to a lawyer who testified against it.
Schumer's Big Break
Plus: Rate reductions, Apple encryption, the Mahmoud Khalil case, and more...
Environmental Protection Agency
Dumping Environmental Justice From the EPA Is a Good Step. Now Dump the EPA.
“Environmental justice” has no place at a regulatory agency. But the EPA was already a problem.
The EPA Announces a Fool's Errand: Reconsidering the Endangerment Finding
The move is part of a broader suite of deregulatory actions announced by the EPA Administrator, and is likely the least advisable item on the list.
District Court Rules Trump Violated Constitution by Usurping Congress's Spending Power
The decision involved administration attempts to withhold spending on foreign aid contracts, but has much broader implications.
Mel Gibson Controversy Highlights a Bigger Scandal: Many Americans Lose Their Gun Rights for No Good Reason
Millions of people are barred from owning firearms even though they have no history of violence, and they have essentially no recourse under current law.
Congress Just Made It Harder for Congress To Block Trump's Tariffs
The cowardice of Congress will continue fueling the growth of executive power.
Climate Activists Are Passing Laws To Tax the Past
A New York law demands fossil fuel companies pay $75 billion for carbon emissions dating back to the year 2000. Other Democrat-controlled states plan to follow suit.
The House's Budget Bill Cuts Earmarks, but Spending Will Be Going Up Anyway
Every cut helps, but that's not where the money is.
Government Goons Destroy Tree House
The owner of a beloved neighborhood structure spent years—and thousands of dollars—trying to comply with L.A. bureaucrats’ demands.
Rachel Barkow: Did Trump and Biden Turn Pardons Into a Corrupt Joke?
Presidential pardons have become a tool of favoritism and politics.
Republicans May Regret Undermining Judicial Independence
Threats to impeach federal judges who rule against the government are a naked attack on their constitutionally crucial function.
New York's Weed Nightmare
How pot bureaucrats used legal weed to push their social justice agenda
DOGE Isn't Exempt From FOIA Requests, Judge Rules
The judge found that the agency's "unusual secrecy" and "substantial authority" make it subject to public record laws.
Judicial Conference Recommends 71 New Judgeships, Including Two on the Ninth Circuit
The Judicial Conference again asks Congress to create more judicial seats to address judicial backlogs.
Sixth Circuit Rejects Qualified Immunity for Kim Davis for a Third Time
The message that public officials are required to follow the law, even if they disagree with it, does not seem to have gotten through.
Trump and California Are Set To Duke It Out Over Environmental Policy Again
During Trump's first term, California filed numerous lawsuits seeking to halt deregulation.
Preserve the Mercy of Pardon Power, Even If Presidents Misuse It
While overturning sentences through courts can take years, a grant of clemency is instantaneous.
D.C. Circuit Issues Opinion Explaining Stay that Allowed for Special Counsel Dellinger's Removal
The panel did not believe the Office of Special Counsel could be distinguished from the Consumer Financial Protection Bureau or Federal Housing Finance Authority.
Is it Constitutional To Deport Immigrants for Political Speech?
President Donald Trump has begun kicking immigrant “Hamas sympathizers” out of the U.S.
SCOTUS to Consider Whether State Bans on "Conversion Therapy" Violate the First Amendment
A highly significant grant of certiorari for next term.
What If Native American Tribes Had Gotten Their Own State?
Historian Donald L. Fixico explores a forgotten moment in Oklahoma history and its lessons about liberty.
"The Court Shouldn't Bruen-ize the Free Exercise Clause"
Some thoughts from Michael McConnell, Douglas Laycock, Stephanie Barclay, and Mark Storslee.
Yes, We Should End Taxes on Tips
Taxing tips generates practically no revenue, burdens workers, and fuels pointless IRS audits.
The FCC and Its Private Taxman Go to Court
FCC v. Consumers’ Research could dismantle a massive slush fund run by unelected regulators and industry insiders.
Trump Is Weaponizing the DOJ Just Like He Accused Democrats of Doing
Trump's appointees are wielding federal power in a manner that appears every bit as corrupt as what he complained about on the campaign trail.
Anti-American Speech and Spray-Painting "Allah, Muhammad" in Storage Locker Can Be Evidence of Motive …
in prosecution for bomb hoax at church; but spray-painting "the stupid Jew" in the storage locker isn't relevant enough, and thus isn't admissible. (Both the painted items were in defendant's native Kurdish.)
Trump Is Targeting Media and Chilling Free Speech
The president campaigned on a promise to defend the First Amendment, but he's now attacking free speech through a variety of disreputable strategies.
Medicare Deserves Attention From DOGE and Congress
Reform could replace an unsustainable boondoggle with lower costs, more freedom, and better care.
Dellinger v. Bessent Disappears Allowing Wilcox v. Trump to Train Sights on Humphrey's Executor
The Supreme Court will not have to weigh in on removal limitations at the Office of Special Counsel, but it could still have to consider those for the National Labor Relations Board.
Jay Bhattacharya's Confirmation Hearing Proves the Lockdown Skeptics Won
Trump's nominee for NIH director once stirred major controversy for criticizing lockdowns, mask mandates, and school closures. Yesterday, Senate Democrats didn't even raise the issue.
New York's Illegal Prison Guard Strike Challenges Law Limiting the Use of Solitary Confinement
It's also a reminder of the disarray that ensues from strikes put on by state employees, who hold monopolies on public goods.
Yes, Cutting Government Waste Is Important
Entitlements are a much bigger expense, but that doesn't mean the waste doesn't matter.
DC Circuit Allows Removal of Special Counsel Dellinger Pending Appeal
For now, President Trump has removed Hampton Dellinger as head of the Office of Special Counsel.
Bagley and Bray on SCOTUS Denial of Stay in Department of State v. AIDS Vaccine Advocacy Coalition
An exploration of some of the thorny issues that divided the Court.
