My New Boston Globe Article Making Case for Abolishing ICE and Giving the Money to State and Local Police
It builds on an earlier piece in The Hill.
Law & Government
Trump's Tariffs Face a Major 'Major Questions' Problem at the Supreme Court
The same legal theory that tripped up Joe Biden's student loan scheme could also sink Donald Trump's tariffs.
Walz's Gun Plan Wouldn't Stop Shootings, but It Might Shred Civil Liberties
Minnesota's proposed firearm restrictions raise serious constitutional questions—and offer little in return.
Josh Hawley's Anti–Driverless Cars Policy Would Kill a Lot of People
Tens of thousands of people die each year in crashes where human error was the cause or a contributing factor.
Donald Trump's Antitrust Enforcers Continue Their Harassment Campaign Against Google
There is no hard evidence of Gmail discriminating against Republican campaign emails, but that’s no matter to the FTC Chairman.
Welcome to the "Interim Docket"
Justice Kavanaugh on what to call the "shadow docket" now that it is no longer in the shadows.
Trump's Unjust and Illegal Killing of 11 Venezuelans
Killing suspected drug traffickers is both unjust and illegal. And it could be the start of an effort to turn the already awful War on Drugs into something more like a real war, thereby making it even worse.
2 Trump Cases To Watch as the Supreme Court Returns From Summer Break
Plus: A momentous date in the life of Frederick Douglass
Fifth Circuit Rules Trump's Use of Alien Enemies Act is Illegal
The 2-1 ruling is in line with most previous court decisions on Trump's invocation of the AEA. Judge Oldham wrote an extremely long, but significantly flawed, dissent.
The 5th Circuit Rejects Trump's Invocation of the Alien Enemies Act
The appeals court blocked the removal of alleged Venezuelan gang members under that law "because we find no invasion or predatory incursion."
'We're Going In'
Plus: Bombing "narco-terrorists" in the Caribbean, American manufacturing shrinks for the sixth consecutive month, Massie wants the Epstein files, and more...
The Gun-Free School Zones Act Is Doubly Dubious
The federal law relies on a risible reading of the Commerce Clause to restrict a constitutional right.
The Rationale for the Federal Circuit's 'Radical Left' Tariff Decision Is Fundamentally Conservative
Donald Trump's claim that the appeals court ruled against him for partisan or ideological reasons is hard to take seriously.
The Weird Law That Keeps the NFL Off (Most) Friday Nights
An antiquated law gives high school and college football first dibs on Fridays and Saturdays.
Trump Can Fire a Lot of People. What's Special About the Federal Reserve?
"The Federal Reserve is a uniquely structured, quasi-private entity," the Supreme Court wrote in a ruling this year.
The Federal Circuit's Tariff Ruling Highlights the Audacity of Trump's Power Grab
Seven judges agreed that the president's assertion of unlimited authority to tax imports is illegal and unconstitutional.
The Nearly Free Markets of Guatemala
Guatemalans don't wait for the government's permission. They build their own markets through voluntary exchange.
Raw Milk Debates Are Turning Sour in Florida
Florida officials can’t agree on whether unpasteurized milk is a health threat or benefit, leaving consumers more confused than if they were left to decide for themselves.
Federal Circuit Rules Against Trump's Massive IEEPA Tariffs in Our Case Challenging Them
In a 7-4 ruling, the en banc court upheld trial court ruling against all the challenged tariffs. The scope of the injunction against them remains to be determined.
Trump's $4.9 Billion 'Pocket Rescission' Violates Federal Law and Usurps Congressional Authority
Congress holds the power of the purse in our system of government, and further eroding congressional responsibility for spending decisions will not end well.
Report: 28 States Now Recognize Occupational Licenses From Elsewhere
Despite improvement, significant barriers remain to working many jobs.
The Real Threat to Fed Independence Isn't Trump. It's Congress' Debt Addiction.
The president's clear attempt to interfere in the Federal Reserve is not a one-off crisis.
Trump's Tariff Spin Is Putting Republicans in an Awkward Spot
Should they brag about raising taxes, like the White House is doing, or try to distance themselves from those same tax increases?
Will SCOTUS Let Trump Fire Lisa Cook From the Federal Reserve?
Or will the justices say that Trump fired her for illegal reasons?
Should We Take More Kids From Their Homes or Fewer?
When children are abused, we want government to step in. But Child Protective Services sometimes goes too far.
When It Comes to Fighting Crime With the National Guard, Trump Says, He Can Do 'Anything I Want To Do'
The president's plan to promote public safety by deploying troops in cities across the country is hard to reconcile with constitutional constraints on federal authority.
We Don't Need More Federal Intervention in U.S. Cities
The use of government force to achieve political advantage is dangerous and sets a bad precedent.
Compensation for Legal Fees Is a Critical Protection Against Civil Forfeiture Abuses
A recent federal appeals court decision underlines the importance of that safeguard.
Trump's Unconstitutional Plan to Penalize States that Allow Cashless Bail
His executive order directs the Justice Department to deny federal funds to jurisdictions that use cashless bail for suspects for many types of crimes. The plan is another assault on federalism and separation of powers.
Is This the Supreme Court's Next Big Abortion Case?
Plus: An impressive book by a Supreme Court justice.
Most Americans Oppose Trump's Plan To Ban Mail-In Voting
Most voters support submitting ballots by mail, and also voter ID.
$500 Million To Paint the Border Wall? 5 of Trump's Strangest, Most Expensive Vanity Projects
Donald Trump is no stranger to wasteful spending. But these examples are especially egregious.
Natural Property Rights: A VC Preview
Property rights, public law, the police power, and the eminent domain power.
Few Americans Trust the Federal Government
Perversely, distrust may encourage the government to grow bigger and more intrusive.
"After a Ten-Minute Bench Trial Held in Her Absence" …
defendant "was found guilty of criminal mischief and domestic violence"—yet the prosecution "presented no evidence that [she] damaged or destroyed the property of another—an essential element of criminal mischief, which was also the predicate offense for the domestic violence charge."
Is Gay Marriage Really Under Threat at the Supreme Court?
Asking SCOTUS to hear a case is not the same thing as convincing SCOTUS to hear a case.
Chip Roy on Why He Backed Trump's Spending Bill
Texas Rep. Chip Roy joins Nick Gillespie to talk about runaway spending, the uphill battle for health care reform, and where immigration fits into the liberty vs. sovereignty debate.
9 Years Ago, Marco Rubio Explained Why Trump's Birthright Citizenship Order Is Unconstitutional
The 2016 brief defended the understanding of the 14th Amendment that the president wants to overturn.
Fifth Circuit Upholds Injunction Against NLRB Proceedings, Distinguishing Humphrey's Executor
The Court concludes that limitations on the removal of NLRB Board members and NLRB administrative law judges are both unconstitutional.
Natural Property Rights: A VC Preview
Foxes, whales, and injustice toward the property claims of aboriginal tribes.
Do Cops Still Need a Warrant To Search Your Home in an 'Emergency'?
SCOTUS will soon decide.
Why Are There So Few Judicial Vacancies for President Trump to Fill?
There are fewer early-term vacancies than one might have expected.
Natural Property Rights: A Volokh Conspiracy Preview
An overview. (Or, what you can learn about property from John Locke and Monty Python's Flying Circus.)
Goldsmith's Sense and Edsall's Nonsense about the Supreme Court (Updated)
A New York Times column on the Supreme Court offers a misleading picture and errant analysis.
