When the U.S. Military Gave People Radiation Poisoning
"We did a lot of field studies and got nothing to show for it," said one U.S. Naval Radiological Defense Laboratory researcher.
Law & Government
Supreme Court Enjoins Summary Removal of Alleged Tren de Aragua Members under Alien Enemies Act
A majority of the justices seem unconvinced the Administration was prepared to provide the process that was due. Justices Alito and Thomas dissent.
New Montana Law Blocks the State From Buying Private Data To Skirt the Fourth Amendment
The Big Sky State becomes the first to close the "data broker loophole" allowing the government to get private information without a warrant.
Can the EPA Finesse the Greenhouse Gas Endangerment Finding?
The agency may be able to adopt a bank-shot strategy to preclude most (but not all) greenhouse gas regulation under the Clean Air Act without contesting basic climate science.
What Happens to Your Kids if We Abolish the Department of Education?
The Department of Education doesn’t handle teaching, set curricula, or pay teacher salaries.
Andor Is a Star Wars Show About the Brutality of Bureaucracy
Tony Gilroy's series reminds us that an empire doesn't need dark magic to be evil.
Trump's Plan to 'Unleash' Police Risks More Abuses of Everyone's Rights
President Donald Trump's executive order empowering local cops will create bad incentives that could prove costly for law-abiding citizens.
Trump and Congress Target 'Efficiency' Rules That Hobble Home Appliances
Make dishwashers great again.
Seemingly Nonexistent Citation in Anthropic Expert's Declaration [UPDATE: Apparently Caused by Lawyer's Misuse of Claude to Format Citations]
UPDATE 5/15/2025 (post moved up): Anthropic's lawyers filed a declaration stating that the error was not the expert's, but stemmed from the (unwise) use of Claude AI to format citations.
My New Lawfare Article "Trump's 'Emergencies' Are Pretexts for Undermining the Constitution"
The article explains why these claims to emergency powers are illegal and dangerous, and how to stop them.
Roberts' Rules for Defending Judicial Independence and the Rule of Law
The Chief Justice is more consistent than his critics, left and right.
The South Stole Your Job
Plus: Tulsi does Trump's bidding, a new front opens in New York's war on weed, and more...
Trump (Partially) Wins an Alien Enemies Act Case
In a badly flawed decision, a federal district court ruled that Trump can invoke the AEA because the Tren de Aragua drug gang's activities amount to a "predatory incursion."
Republican Reconciliation Package Will Lead to $3 Trillion Annual Deficits
A new analysis from the Committee for a Responsible Federal Budget estimates that the national debt will equal nearly 130 percent of GDP by 2034.
Gavin Newsom Wants To Make the Country's Most Expensive Gas Even More Expensive
All to shovel more money at wasteful and ineffective programs.
Trump's Case Against Birthright Citizenship Is a Constitutional Loser
The text and history of the Fourteenth Amendment run counter to Trump’s executive order.
The Court-Ordered Takeover of Rikers Shows the Crisis in American Prisons and Jails
A federal judge finally acknowledged that New York City won't fix the constitutional crisis at Rikers on its own, but the problem goes far beyond New York City.
New Republic Podcast Interview on Our Case Against Trump's "Liberation Day" Tariffs [Updated With Embedded Audio]
Greg Sargent of the New Republic interviewed me.
Trump's 'Deal' With China Leaves American Consumers and Exporters Facing Higher Tariffs Than Before
The White House calls it "the art of the deal," but a 30 percent tariff on imports from China is economically damaging and constitutionally dubious.
The Federal Government's 175,000 Pages of Regulations Turn the Rule of Law Into a Cruel Joke
Trump rightly decries the "absurd and unjust" consequences of proliferating regulatory crimes.
Thoughts on Today's Oral Argument in Our Case Against Trump's IEEPA Tariffs
Outcomes are hard to predict. But the judges seemed skeptical of the government's claim that Trump has virtually unlimited authority to impose tariffs.
Since Immigration Is an 'Invasion,' a Top Trump Adviser Says, the President Might Suspend Habeas Corpus
Stephen Miller's understanding of the Constitution is dubious for several reasons.
Trump Called Price Controls 'Communist.' Now He's Ordering Them for Prescription Drugs.
The president hopes to introduce even more government intervention into health care.
AI Hallucination in Filings Involving 14th-Largest U.S. Law Firm Lead to $31K in Sanctions
The judge finds "a collective debacle"—possibly caused, I think, by two firms working together and the communications problems this can cause—though "conclude[s] that additional financial or disciplinary sanctions against the individual attorneys are not warranted."
Amy Coney Barrett's "Suspension and Delegation" Revisited
One of the justices wrote extensively about when and whether the writ of habeas corpus may be suspended.
Defenders of Trump's Birthright Citizenship Order Offer an Implausible Take on a 127-Year-Old Precedent
Briefs urging the Supreme Court to stay injunctions against the order challenge "the conventional wisdom" about the meaning of an 1898 decision interpreting the 14th Amendment.
Why DOGE Failed
Elon Musk promised $2 trillion in cuts but delivered only a tiny portion of that total. We asked seven policy experts to explain what he got wrong.
Republicans Want To Redefine Obscenity
A new bill would ban sharing visual content that might "arouse" or "titillate."
David Souter Shaped the Supreme Court Through the Backlash He Inspired
The late justice was appointed by a Republican but quickly established himself as a judicial liberal.
How Joe Biden and Donald Trump's Perverse Pardons Undermined the Rule of Law
Biden's pardons for friends and Trump's blanket pardons for January 6 participants set terrible precedents.
Have You Ever Seen an Emolument Fly?
From Qatar, with love, a "palace in the sky."
Mothers Are Losing Custody Over Sketchy Drug Tests
Some hospitals are even reporting women for testing positive for drugs that were given to them during labor.
Can the EPA Rescind the Endangerment Finding? Should It Even Try?
A recent Federalist Society webinar on one of the Trump EPA"s top agenda items.
Homer Nodded in the U.S. Reports
How the phrase ended up in an opinion after it had been omitted.
Government Argues It's Too Much To Ask the FBI To Check the Address Before Blowing Up a Home
The Department of Justice told the Supreme Court there were "policy tradeoffs that an officer makes" in determining if he should "take one more extra precaution" to make sure he's at the right house.
Judge Orders Tufts Grad Student Rumeysa Ozturk Be Released on Bail From Immigration Detention
Ozturk's continued detention "potentially chills the speech of the millions and millions of people in this country who are not citizens," said U.S. District Judge William K. Sessions III.
New York's Biggest Budget Doubles Down on the Mistakes Driving People Out
Lawmakers passed the largest spending plan in state history, pushing costs higher without delivering results.
