How 'National Security' Came Unmoored From Americans' Actual Security
The turning point was the New Deal.
Law & Government
Religious Hiring Beyond the Ministerial Exception
An important church–state question likely headed to the Supreme Court.
Alabama's Porn Tax Starts Soon
Websites are being told to create "Material Harmful to Minors tax accounts."
Federal Court Appears Receptive to Arguments Against Unilateral Presidential Tariff Power
President Trump’s invocation of emergency powers to impose tariffs faces skeptical judges.
Update on Potential Condemnation of New Jersey Church to Build a Park and Pickleball Courts
After a public outcry, the scheduled vote on the plan to use eminent domain has been postponed indefinitely. If the Town of Toms River does try to condemn the church, there is likely to be a major legal battle.
Will the Sixth Circuit Get a Summary Reversal in Another Habeas Case?
In Chandler v. Brown, the Sixth Circuit may have been too quick (again) to grant a habeas petition.
Trump Is Openly Using the Presidency To Enrich the Trump Brand
And generations of allegedly anti-corruption Republicans just don't care.
A Cop Lied, Fabricated a Sex-Trafficking Case, and Jailed a Teen on False Charges—and Still Can't Be Sued
The case is a baffling reminder that the more power a government official has, the harder it is for a victim to get a shot at justice.
Hiking Tariffs on Canada, Trump Demands 'Adequate Steps' To Achieve an Impossible Drug War Goal
Canada accounts for a tiny percentage of fentanyl smuggling, which cannot be stopped by trying harder.
Are We Witnessing "Appeasement"? A Reply to Steve Vladeck
A defense to Steve Vladeck's critique and a brief comment on Adrian Vermeule's related op-ed in the New York Times.
The National Debt Is Becoming Your Local Problem
Federal overspending is squeezing states and cities, forcing them to raise taxes, slash services, or pile on more debt.
Are Trump's Tariffs Responding to an Actual Emergency?
If so, then why postpone any enforcement until October?
Lawmakers Sue ICE To Protect Right To Visit Detention Centers Unannounced
Lawmakers say a new DHS rule requiring advance notice for detention center visits undermines congressional oversight.
El Salvador Just Made It Legal for Bukele To Stay in Power Indefinitely
With near-total control of Congress, Nayib Bukele’s party eliminated key limits on presidential power.
The IRS Is Now 25 Percent Smaller (and, Hopefully, Less Dangerous)
We still need real tax reform and much lower federal spending.
The Defense Challenge to Alina Habba's Appointment is Weak
A defendant has challenged Acting New Jersey U.S. Attorney Alina Habba's appointment under the Federal Vacancies Reform Act, but he has no real case under the statute's plain language.
The Senate Inches Closer To Taking Away Israel's Blank Check
Amid reports of Palestinian starvation, a majority of the Democratic Caucus—but no Republicans—voted to block U.S. weapons shipments to Israel.
My New Dispatch Article on Judicial Review of Emergency Powers
It makes the case for strong judicial review of executive invocations of sweeping emergency powers.
Veteran With PTSD Can Sue the Cops Who Arrested Him for Panhandling and Tased His Service Dog, Court Rules
Joshua Rohrer's dog, Sunshine, ran away and was later hit and killed by a car.
Law Firms Take Fewer Pro Bono Clients After Trump's Unconstitutional Orders
Even though the president has lost every time the orders have come before a judge, big law firms are still hesitant to upset the king and incur his wrath.
Justice Kavanaugh on the Peril of Writing Shadow Docket Opinions
Rushing out opinions can lock in erroneous conclusions and create problematic precedent.
On Sanctuary Cities, It's Trump vs. the 10th Amendment
The anticommandeering doctrine stands in the way of Trump’s immigration crackdown.
We're Lying to Ourselves About Taxes, Spending, and the Debt
It's time to ask what level of spending Americans truly want with the money we actually have.
The Government Took Their Home Equity Over Modest Debts. Michigan's Supreme Court Just Threw Them a Lifeline.
Years after home equity theft was ruled unconstitutional, Michigan keeps looking for ways around the ruling.
Can Trump Use Emergency Powers To Tax All Imports? His Tariffs Are Back in Court on Thursday.
To win in court, the Trump administration will have to argue against a pair of legal theories that conservatives have spent years developing as a way to check executive power.
The Justice Department Powerfully Defends Alina Habba's Appointment as Acting U.S. Attorney for New Jersey
The Department's filing makes a strong case that Habba's appointment is proper. The courts should quickly reject defendants' challenge to the appointment.
The ACLU Says a New York Official Violated the NRA's First Amendment Rights. They Still Can't Sue Her.
A federal court concluded the official was entitled to qualified immunity in a case that united two unlikely allies.
The Attorney General Can Put Her Own Legal Team in Place—through U.S. Attorneys in New Jersey and Elsewhere
Acting through through Section 546, or temporarily through the Federal Vacancies Reform Act, the Attorney General is entitled to appoint U.S. Attorneys for the District of New Jersey and all other federal judicial districts. If done properly, such appointments preempt any need for judges to appoint U.S. Attorneys. But it is important that the President submit a nominee for the position for Senate confirmation.
Mistaking Adherence to Formalist Principle for Appeasement
The Supreme Court's critics are too quick to assume the Court's orders are motivated by political considerations as opposed to principle.
Why Does the Government Run Air Traffic Control?
Air traffic control is simply too important to leave up to the politicians.
The Freedom of Information Act Is Failing Due to Government Bloat
In FY 2024, over 200,000 Freedom of Information Act requests were backlogged, according to the Government Accountability Office.
The FBI Seized Her $40,000 Without Explaining Why. She Fought Back Against That Practice—and Lost.
The twist underscores just how little accountability exists in civil forfeiture, which allows law enforcement to seize assets without charging the owner with a crime.
The Statute Allowing Judges to Appoint Interim U.S. Attorneys is Constitutional
Steve Calabresi's argument that judges cannot make such interim appointments is ultimately unpersuasive, as the Appointments Clause specifically allows Congress to vest such power in the Judiciary.
Environmental Protection Agency
Why Is the Army Corps Still Harassing Idaho Landowners?
Idaho landowners are facing ruinous fines because the Army Corps of Engineers refuses to follow the Supreme Court’s Clean Water Act ruling in Sackett v. EPA.
Pennsylvania's Liquor Monopoly Is Imposing a New Fee That Will Cost $15 Million Per Year
The new warehousing fee targets booze producers, but drinkers could end up paying most of the tab.
Religious Exemption Claim by Nonprofit Providing Supervised Illegal Drug Use Can Go Forward
The Third Circuit held that such organizations may raise religious exemption claims, though it declined to decide (at this stage of the litigation) whether the claim would prevail on the facts of this case.
Appointment of Interim U.S. Attorneys
The attorney general can appoint interim U.S. Attorneys to successive 120-day terms of office unless the nominee is someone to whom the Senate has refused to give advice and consent by a vote either in committee or on the floor.
Michigan Wineries Win $50 Million in Fight Against Local Zoning Rules
A federal judge ruled that Peninsula Township’s former restrictions on music, events, and grape sourcing violated the rights of local wineries.
If Trump Wants American Businesses To Thrive, He Should Get Rid of Government Subsidies
Federal subsidies undermine American companies, breed dependency, and stifle competition.
My Jotwell Review of Michael Ramsey's "The Originalist Case Against the Insular Cases"
The article makes a compelling argument that has broader implications.
Boston Judge Dismisses Over 120 Cases Because There Aren't Enough Public Defense Attorneys
After a pay dispute led to a work stoppage in late May, courts in Suffolk County, Massachusetts, dismissed cases of indigent defendants who had no legal representation for 45 days.
Trump's Birthright Citizenship Order Is Unconstitutional, Says the First Appeals Court to Consider the Issue
The judgment is not surprising, since the president's reading of the 14th Amendment contradicts its text and history, plus 127 years of Supreme Court precedent.
What Neil Gorsuch Gets Wrong About Judges and Government Power
Plus: Ozzy Osbourne, RIP.
SCOTUS Stays Injunction Against Removal of CPSC Commissioners
Further indication that independent agencies will not be "independent" much longer.
Marjorie Taylor Greene Is Dead Wrong About Outlawing Climate Geoengineering
An unholy alliance between MAGA and progressives to ban research on an emergency backup plan to cool the planet may be emerging.
