Solicitor General Asks Supreme Court to Eighty-Six Energy Conservation Rule
The Trump Administration is refusing to defend a D.C. Circuit decision upholding a flawed energy conservation ruie.
Law & Government
Defending the White House Ballroom, the DOJ Files a Trump Tantrum Masquerading As a Motion
The brief, which asks a federal judge to reconsider an injunction blocking the project, reads like it was transcribed from the president's Truth Social account.
Rethinking Conservative Approaches to Executive Power
Conservative legal commentator Gregg Nunziata outlines reasons why conservatives should reject broad views of executive power.
The Evidence Revolution: Why 'Take Nobody's Word for It' Really Matters
Beyond Belief explains how the "evidence revolution" is helping practitioners, policymakers, and the public understand what really works.
SCOTUS Weighs 'Geofence Warrants' and the Future of Digital Privacy
The government wants access to millions of cell phone location histories. The Supreme Court will decide what the Fourth Amendment allows.
Why the Federal Government Can't Charge Anyone With 'Domestic Terrorism'
Federal law defines the term but there is no federal statute to charge someone with "domestic terrorism."
By Dropping Her Criminal Probe of Jerome Powell, Jeanine Pirro Confirms Its Political Motivation
Even Republican critics of the Federal Reserve chairman's performance rejected the notion that he had broken the law by lying about the renovation of the central bank's headquarters.
Republicans Fumble Away Fiscal Conservatism in Stadium Subsidy Projects
Small-government conservatives are tripping over themselves to give millions of taxpayer dollars to billionaires.
Justice Breyer Says Not to Worry about the Shadow Docket
A retired liberal justice does not credit the shadow docket hysteria, nor does former Judge Michael McConnell
Why Homewrecking in North Carolina Could Cost You Millions
Some states still allow vengeful spouses to sue a third party for destroying their marriages.
Civil Liberties Groups Sue for Information on ICE's Speech-Chilling Subpoenas
The feds have been demanding that tech companies identify the administration's anonymous online critics. That violates the First Amendment.
Allowing Censorship of Military Retirees Like Sen. Mark Kelly Would Set a Chilling and Dangerous Precedent
To justify punishing a legislator for his speech, a FIRE brief notes, Defense Secretary Pete Hegseth relies on a Supreme Court precedent that is clearly inapposite.
Congress Still Has a Chance To Curb Section 702 Surveillance Abuses
Sen. Ron Wyden warns that Americans would be “stunned” at how officials have used the law.
The FBI's Alleged Probe of a Reporter for 'Stalking' Breaks New Ground in Criminalizing Journalism
The bureau reportedly investigated the author of a New York Times story that made FBI Director Kash Patel look bad.
Do the Supreme Court "Shadow Papers" Reveal Supreme Court Hypocrisy?
William Baude and Richard Re respond to a common narrative
Separation of Church and State
Federal Appeals Court Says Texas' Ten Commandments Law Isn't Indoctrination
The 5th Circuit upheld a controversial law requiring Texas schools to display the Ten Commandments.
What Would It Take to Tame the "Shadow Docket"?
Those who don't like how the Supreme Court handles requests for interim relief might like solutions to the problem even less.
A Rare SCOTUS Case That Pitted Thomas Against Alito
Plus: Does Trump expect to lose the birthright citizenship case?
No, FDR Did Not Pull America Out of the Great Depression
"The New Deal made investment in America a risky project," says economist Donald J. Boudreaux, author of The Triumph of Economic Freedom.
Reports of Abuse Pour Out of Federal Immigration Detention Centers
Deaths in ICE detention have hit a two-decade high, and allegations of medical neglect and poor conditions continue to surge.
Stephanie Barclay on "The Emergency Docket's Mistaken Birthday"
Contrary to what some believe, the Clean Power Plan was not the first executive branch action stopped on the "Shadow Docket."
Reading the Clean Power Plan "Shadow Papers" in Context
More of what's been absent from discussions of the recently released Supreme Court memoranda, with commentary by Davis and Re.
Virginia's Grotesque Gerrymander and the Bipartisan Death of Redistricting Reform
Republicans picked this fight, and Democrats responded by drawing some egregiously gerrymandered districts. In the end, voters lose.
A New Age-Verification Bill Could Make You Show ID To Use a Computer or Smartphone
Plus: The war with Iran is raising condom prices, increased legal liability for chatbot advice could backfire, and more...
The Lobster Triumphs
Plus: Tit-for-tat gerrymandering, D.C.'s flowing fountains, more war in the Strait of Hormuz, and more...
AI Hallucinations in Filing by a Top Law Firm
Remember: It could happen at your firm, too.
The Supreme Court's 'Shadow Docket' Has Sprung a Leak
Plus: a credible new report on the Alito retirement rumors.
Judge Says DOJ and DHS Likely Coerced Tech Firms To Censor ICE-Tracking Platforms
The platform creators filed a lawsuit claiming their First Amendment rights were violated after the Trump administration convinced Apple and Facebook to remove their content.
Court Leaks and Attorney-Journalists
The professional-ethics implications of making court confidences public.
Jack Goldsmith on the NYT and the Leaked Supreme Court "Shadow Papers"
A critique of the New York Times "unfortunately tendentious reporting about the memoranda."
Don't Count on the 25th Amendment To Dethrone Donald Trump
Democrats can't muster the votes to impeach and remove Trump, or even to stop an illegal war. The 25th Amendment would be even more difficult.
"It Will Be Your Name and License on the Line, Not ChatGPT's"
A lawyer's duties "do not disappear solely because an attorney chooses to outsource his labor to AI."
"The Biggest Scandal Here Is In Fact the Leaks Themselves"
The leak of internal Supreme Court memos could affect how the Court operates.
Trump Signs Psychedelics Order
Plus: ship seizures, the best free bread in America, and more...
Report: High Taxes and Burdensome Regulations Are Killing California
California politicians’ policy choices are making the state unaffordable and unattractive.
One Thing Every Modern President Has in Common: They All Spent More Than the Last Guy
The vibe shift that really matters—a reduction in the size, scope, and spending of government—hasn't happened, and America is worse off for it.
Woodrow Wilson's War at Home
Silencing "Fighting Bob" details how the government targeted anti-war critics like Sen. Robert La Follette.
Leaked Supreme Court Memos Reveal Why Court Stayed Clean Power Plan (Setting Important "Shadow Docket" Precedent in the Process)
A New York Times scoop reveals that Chief Justice Roberts was concerned that the EPA would (again) get away with imposing unlawful burdens on utilities.
The Supreme Court Ruled Against 'Informal Censorship' 6 Decades Ago but Officials Are Still Jawboning
The Court's 1963 ruling in Bantam Books v. Sullivan is freshly relevant in light of recent efforts to restrict speech through government intimidation.
Pete Hegseth Wants the D.C. Circuit To Let Him Punish a Senator for Criticizing Him
The defense secretary's asserted authority to control the speech of retired military officers "would chill public participation by veterans," a brief supporting Mark Kelly warns.
Eric Swalwell, Pope Fight, Tax Day Woes
Robby Soave and Christian Britschgi discuss Eric Swalwell's fall from grace and how tax day radicalizes us every year.
Alabama Supreme Court to Cops: It's OK To Force a Pastor Watering Flowers To Show His ID
The court ruled that police can demand a physical ID under the state's stop-and-identify law.
