Law & Government
My UnPopulist Article on Supreme Court Politicization and Dangers of Schemes to Undermine Judicial Review
While there is some genuine politicization, it is not as great as often claimed. Proposals to undermine judicial review could easily end up empowering the very sort of authoritarian president progressives fear.
Public Employee Unions Rule California
Expect more strikes, fewer government services, and more tax increases to pay for pension obligations.
The Biden Administration's Antitrust Changes Would Be Great for Bureaucrats—and Bad for Consumers
The guidelines would ignore decades of academic findings about how firm concentration can have a positive impact on consumers' welfare.
Frederick Douglass as Natural Rights Originalist
A fascinating new exploration of Frederick Douglass' constitutional thought.
A New Bill Would Extend California's YIMBY Revolution to Heavily Regulated Coastal Areas
S.B. 423 would prevent the state's powerful Coastal Commission from shooting down affordable housing projects that comply with local zoning laws.
Appeals Court Rules in Much-Anticipated Abortion Pills Case
Plus: Court urged to stop Arkansas' social media age verification law from taking effect in September, legalizing medical marijuana linked to lower insurance premiums, and more...
Fani Willis Is Abusing Georgia's Terrible RICO Law
Trump and his acolytes' conduct was indefensible, but the state's RICO law is overly broad and makes it too easy for prosecutors to bring charges.
Was Biden's Social Media Meddling Illegal?
Join Reason on YouTube and Facebook on Thursday at 1:30 p.m. Eastern for a live discussion with Jay Bhattacharya and John Vecchione about their legal case against the Biden administration.
The Government Has Made College an Overpriced Scam
Thankfully, you don't need fancy dining halls or a college degree to have a good life or get a good job.
The Georgia Case Against Trump
Trump's Georgia indictment has much in common with the most recent federal case against him. But also breaks some new ground.
'This Is Not an Emergency'
How Florida prison officials let a man's prostate cancer progress until he was paralyzed and terminally ill.
Jack Goldsmith Responds to Critics on the Dangers of Prosecuting (or not Prosecuting) Trump for Trying to Overturn the 2020 Election
I was one of the critics he responded to, and in this post I offer a rejoinder.
Why Stripping Fox's Broadcast License Is a Terrible Idea
Plus: A listener inquires about the potential positive effects of ranked-choice voting reforms.
Cops Invented a Reason To Cite Man Who Flipped Them Off
Body camera footage shows that Delaware police cited Jonathan Guessford for flipping them off, even though they later agreed it was his right to do so
Fourth Circuit Concedes to Congress on Mountain Valley Pipeline
The judges recognize that Congress ended their ability to review the Mountain Valley Pipeline, but they seem none too happy about it.
Baltimore Orioles Owners Demand Even More Unnecessary Taxpayer Money
Apparently $600 million to improve a very nice stadium isn’t enough.
Hunter Biden and Donald Trump Should Both Have Jury Trials
End the government’s plea-bargaining racket with open and adversarial jury trials.
Idaho Keeps Scheduling This Inmate's Execution Even Though It Lacks the Means To Kill Him
A federal judge ruled in favor of an Idaho death-row inmate who says that the state is "psychologically torturing" him.
A Louisiana Man Was Jailed for Criticizing Police. A Federal Court Wasn't Having It.
The decision supports the notion that victims are entitled to recourse when the state retaliates against people for their words. But that recourse is still not guaranteed.
Federal Court Blocks $20 Billion in Student Loan Forgiveness
The injunction is the latest in a series of setbacks for the Biden administration's loan forgiveness agenda.
The U.S. Credit Rating Just Dropped. It's Time for Radical Budget Reform.
The lack of oversight and the general absence of a long-term vision is creating inefficiency, waste, and red ink as far as the eye can see.
The Dangers of Giving Trump Impunity are Far Worse than those of Prosecuting Him
Giving presidents impunity for using force and fraud to try to nullify election results is far worse than any potential risk of prosecuting Trump.
Indiana Law Lets Cops Push Bystanders Back 25 Feet. A New Lawsuit Says It's Unconstitutional.
The law makes it harder to record and observe police activity.
Google Will Go to Trial Over Preloading Apps and Search Engine on Phones
Plus: Ohio Issue 1 defeated, Supreme Court pauses order vacating gun regulations, and more...
A Ham-Handed Bill Attacks the First Amendment in the Name of Protecting Minors From Online Harm
The Kids Online Safety Act imposes an amorphous "duty of care" that would compromise anonymous speech and restrict access to constitutionally protected content.
Texas Attorney General Blocks Injunction, Will Keep Enforcing Anti-Abortion Law
For now, doctors who end pregnancies when a woman’s life is at risk can still be prosecuted.
Of Babysitters and Major Questions
Survey data casts doubt on the textualist rationale for the major questions doctrine that I and others have advanced. But perhaps not as much doubt as it might seem.
Have We Lost Track of the Trump Indictments Yet?
Plus: Why don't journalists support free speech anymore?
Southwest Airlines Falsely Accuses Mom of Trafficking Biracial Daughter
Plus: Backpage trial pushed back, Bidenomics doens't resonate, and more...
Clearing up Common Misconceptions About the Charges Against Trump
Recent articles by Lawfare and Walter Olson perform a valuable service on this front.
Ending Poverty Requires Serious Policy, Not Political Platitudes
Another exercise in nonsense by state lawmakers in California.
Judge Blocks Idaho From Punishing Doctors for Referring Women Out of State for Abortions
Plus: More takes on the Trump indictment, Biden's new student loan plan is here, and more...
Is the Budget Process Broken, or Is Congress Just Refusing To Do Its Job?
Since Congress designed and implemented the last budget process in 1974, only on four occasions have all of the appropriations bills for discretionary spending been passed on time.
UVA Dean of Students 'Purposefully Tampered' With Investigations Into Student's Speech, Lawsuit Claims
UVA found "insufficient evidence" to conclude that Morgan Bettinger called protesters "good speed bumps." They punished her anyway.
Bernie Sanders Introduces a Bill To Raise Minimum Wage to $17 by 2028
The proposal would raise the federal minimum wage by 134 percent.
Law Profs Tout Qualified Immunity for Unconstitutional Gun Restrictions
Promoting impunity for violating rights as a policy tool? What could go wrong?
Retribution, Deterrence, and the Case for Prosecuting Trump for Conspiring to Overturn the 2020 Election
His attempt to stay in power despite losing an election is well worthy of prosecution and punishment, on grounds of retribution and deterrence.
The Legally Authorized Charges Against Donald Trump and Hunter Biden Don't Tell Us What Justice Requires
The nature of their conduct is a better indicator of the punishment they deserve.
Crisis Pregnancy Centers File Free Speech Suits Over Illinois and Vermont Laws
Plus: California tries to stop professors from testifying in suit over COVID education policies, state Republicans aren't all abandoning free market economics, and more...