"Yes, The Founders Were Originalists"
A critical review of a new book on history and originalism.
Law & Government
For Years, Oregon Stole People's Home Equity Over Modest Tax Debts. A New Law Puts an End to That.
The state just cracked down on a form of state-sanctioned robbery, where governments seized and sold homes over minor tax delinquencies—and then pocketed the profits.
'Subway Surfing' Death Suit Against TikTok, Meta Further Chips Away at Section 230
Norma Nazario blames her son's death on social media algorithms.
Trump, Who Wants To 'Straighten Out the Press,' Sues The Wall Street Journal Over 'Fake' Epstein Letter
Whatever the merits of this particular defamation claim, the president has a long history of abusing the legal system to punish constitutionally protected speech.
Feds Try To Bankrupt a Moving Company for Hiring Strong, Young Movers
Nobody complained about the company, so federal bureaucrats launched their own crusade.
Federal Judge to Trump on FTC Commissioner Firing: No, You Can't Fire Whomever You Want
The ruling upholds protections afforded to officers of the "quasi legislative or quasi judicial agencies" created by Congress.
The CEO of NPR Made the Best Case for Defunding It
The notion that NPR can somehow become unbiased is about as believable as the IRS sending you a fruit basket to commend you for filing your taxes.
Eleventh Circuit Upholds For-Cause Removal Requirement for Administrative Law Judges
Will the en banc court agree? Will the Supreme Court?
Judicial Nominee Emil Bove Can't Recall Whether He Said the DOJ Might Say 'Fuck You' To Court Orders
The alleged incident goes to the heart of the objections raised by critics who worry about Bove's respect for the rule of law.
'Alligator Alcatraz' Detainees Say in New Lawsuit They're Being Denied Access to Their Attorneys
The lawsuit says attorneys have been repeatedly turned away from the detention camp and had virtual meetings mysteriously canceled.
Brazil's Rogue Court Is Receiving Global Blowback
Brazil’s judiciary has abandoned neutrality, with sweeping crackdowns on speech and political rivals. A U.S. tariff response signals the crisis has gone international.
Congress Cut $500 Billion in Energy Subsidies. That's Good—and Proof Reform Is Possible.
Green energy is promising. But subsidies distort the tax code, misallocate capital, and favor companies already in the game.
The Rescission Bill Reveals How Difficult It Is To Get Congress To Make Even Tiny Spending Cuts
The bill, which could pass the Senate on Wednesday, would trim 13 cents from every $100 of federal spending.
How Environmental Groups Use Hysteria To Get Rich—and Stop Progress
Most of Big E spends little on cleaning rivers or parks and far more on filing lawsuits.
Federal Officials Won't Admit the Real Reason for Ditching the TSA's Shoe Rule
The widely resented and ridiculed policy, which the U.S. was nearly alone in enforcing, never made much sense.
Defending the Court of International Trade Ruling Against Trump's Tariffs—A Reply to Estreicher and Babbitt [Updated]
Estreicher and Babbitt are right to conclude that Trump's tariffs violate the nondelegation doctrine, but wrong to reject other arguments against them.
Why a Trump-Appointed Judge Is Torching His Own Court's Approach to Qualified Immunity
Judge James C. Ho recently described a troubling phenomenon on the 5th Circuit and the government abuse it enables.
Senate Confirms First Judicial Nominee of Trump's Second Term. How Many More Will Follow?
Indications are that the second Trump Administration will not have as significant an effect on the Courts as the first.
Will Trump Actually Close the Education Department?
Plus: Cuomo has a hard time taking no for an answer, a pro-party manifesto, Trump's about-face on Ukraine, and more...
The Class Action Threat to Trump's Birthright Citizenship Order
Plus: A fond farewell to Black Sabbath.
What Do Progressives Want for the Courts?
There's a tension between Progressives' efforts to delegitimize the courts and hopes the judiciary to constrain executive power.
There Are Better Ways To Help Restaurant Workers Than No Tax on Tips
Helping servers takes more than a temporary tip tax break.
Trump Walks Back Talk of Abolishing FEMA
After criticizing the agency for being ineffective for months, the Trump administration now plans to reform it to supplement state disaster response efforts.
Bill Kristol Is Alarmed That a President Would Ship Accused Foreign Enemies to an Overseas Prison
The hawkish defender of Guantanamo Bay and the post-9/11 security state worries President Donald Trump's immigration crackdown is threatening civil liberties.
Justice Jackson Wants People to Focus on "What Is Happening in Our Country and in Our Government" (Updated)
Justice Jackson Sees Her Colleagues' Rulings As Threats to Democracy and the Rule of Law
Arizona Just Created, Then Defunded, an Independent Watchdog for Its Troubled Prison System
Criminal justice reform advocates are still hopeful the office can secure outside funding and bring much-needed transparency to Arizona's prisons.
When Does a Regulation Become Final?
The D.C. Circuit resolves a dispute over which set of visa regulations bind the public.
New Jersey Court Strikes Down Town's Use of Eminent Domain To Skirt Affordable Housing Mandates
Despite the setback, Middletown Township is taking the case to the state supreme court.
"The Alleged Misdeeds of Jewish Individuals, Elected Officials, Judges and Others in Myriad Circumstances,"
"including Plaintiff's divorce proceedings and criminal case."
Abortion, Colorado River, and Interpleader
The true superpower of the lawyer is to turn all questions into questions about procedure—often, about procedure about procedure.
Trump's Plan to Impose 50% Tariffs on Brazil Highlights Illegal and Harmful Nature of his Trade Policy
It's an obvious abuse of emergency powers, a claim to unconstitutional delegation of legislative power, and a threat to the economy and the rule of law.
The 8th Circuit Court Was Right To Kill the FTC's 'Click-to-Cancel' Rule
The Federal Trade Commission ignored mandatory regulatory impact analyses in an attempt to institute its "click-to-cancel" rule.
The 'Big Beautiful Bill' Expands Health Savings in a Rare Policy Win
In a bill packed with spending, one provision offers real gains for health care choice and savings.
Trump Won't Enforce the TikTok Ban. Is That Constitutional?
The Constitution requires the president to “take Care that the Laws be faithfully executed.”
Overview of the Amicus Briefs Filed in Our Tariff Case
The diversity and quality of the briefs opposing Trump's "Liberation Day" tariffs speaks for itself.
Courts Can Check, and Have Checked, Executives' Military Judgment
Katherine Yon Ebright and Leah Tulin of the Brennan Center make the case against judicial deference to Trump's invocation of the Alien Enemies Act of 1798.
Leaked Documents Show 'Alligator Alcatraz' Could Cost Over $600 Million
More questions arise over how Florida’s newest immigration detention center is being funded by the Trump administration.
Appeals Court Briefs Say Trump's Tariffs Are Based on a Statute That Does Not Authorize Tariffs at All
The Cato Institute and the New Civil Liberties Alliance urge the Federal Circuit to extend the logic of a decision against the president's far-reaching import taxes.
Georgia Couple Whose Daughters Were Taken After False Child Abuse Claims File Lawsuit
Matt and Tuckey Hernandez lost their daughters for two years after their infant's medical issues were misidentified as abuse.
DMV Officials Issued Driver's Licenses for Cash. Why Will REAL ID Be Any Different?
Bureaucratic requirements impose burdens only on people not inclined to break the law.
