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.
Law & Government
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.
FIRE Files First Amendment Lawsuit Challenging Texas A&M Drag Show Ban
Texas A&M's Board of Regents voted to ban drag shows on the grounds that they objectify women and violate state and federal policies against promoting "gender ideology."
Trump Promised a Balanced Budget. Don't Believe It.
It's great to have presidents talking about the need for a balanced budget, but Republicans are backing a plan that will increase borrowing.
Trump's Trans Kid Story Doesn't Add Up
The president said a Florida school "secretly socially transitioned" a 13-year-old. Emails suggest otherwise.
SCOTUS Denies Trump Administration Application to Stay District Court Order Blocking Pause of USAID Payments; Certiorari Sure to Follow
A pre-opinion release order divides the justices 5-4, but this may not preview the split on the merits.
Dead People Aren't Bankrupting Us
Plus: Democrat disruptions, Columbia University scrutinized by the feds, and more...
America Is Beating Europe
A popular narrative says Europeans are better off because of increased regulation. Reality paints a different picture.
DOGE and Congress Should Take a Chainsaw to Corporate Welfare
Handouts to corporations distort the market, breed corruption, and politicize the economy.
The Best Part of Trump's Speech Was the List of Spending Cuts
If only they were as big as the list of new spending.
In Speech to Congress, Trump Promises More Tariff Madness
The tariffs Trump has already imposed on Canada, Mexico, and China will cost an estimated $142 billion this year—and he says more are on the way.
Jail Time for Cheap Rides?
D.C.'s bureaucracy violates independent drivers' economic liberty.
DOGE Goes Deep State
A smaller government with a more powerful set of unaccountable executive officials is unlikely to be much of a win for liberty.
Are Cage-Free Laws To Blame for High Egg Prices?
State laws banning caged eggs are cutting off millions from cheaper options.
Trump Tests the Limits of Executive Orders
Making policy and passing laws is supposed to be difficult and should be left to the messy channels established by the Constitution.
Webinar on the Future of Humphrey's Executor and Agency Independence
A discussion of whether and when the Supreme Court might overturn Humphrey's Executor v. United States.
DOGE and Congress Should Look Hard at Reforming Social Security
Means-test Social Security, raise the retirement age, and let us invest our own money.
How Would Milton Friedman Do DOGE?
If the Department of Government Efficiency goes about this the wrong way, we could be left with both a presidency on steroids and no meaningful reduction in government.
The Case Against Ross Ulbricht Was About Government Power
President Donald Trump's pardon of the Silk Road creator is a rare moment of reprieve in an era of relentless government expansion.
Perils of Unitary Executive Theory
The originalist case for a unitary executive falls apart in an era when many of the powers wielded by the executive branch were not originally supposed to be federal powers in the first place.
What the Supreme Court Said about Dellinger v. Bessent in Seila Law v. CFPB
A district court judge has concluded that President Trump cannot remove the head of the Office of Special Counsel without cause. Supreme Court review is inevitable.
D.C. Circuit Stays Mandate in Marin Audubon Society v. FAA
After refusing to order remand without vacatur, the D.C. Circuit pauses the effect of its decision.
Defaming Businesses Doesn't Protect Consumers
If the Consumer Product Safety Commission doesn't have enough data to enact a rule, it shouldn't be making informal recommendations either.
Trump Admin Argues DOGE Is Exempt From Records Requests in FOIA Lawsuit
Elon Musk promised "maximum transparency," but that apparently doesn't include Freedom of Information requests to DOGE.
Tennessee Supreme Court Rules State Can Revoke Personalized '69' License Plate Because It's Government Speech
Most courts have ruled that vanity license plates are private speech and protected from viewpoint discrimination under the First Amendment.
