Video of Federalist Society "Seat at the Sitting" Panel on Upcoming Supreme Court Cases
The panel covered many cases and featured views many would not expect at a Fed Soc event.
Law & Government
3 Economic Myths That Need To Die
As we step into 2024, it's crucial to adopt a more informed perspective on these dubious claims.
America Has Borrowed $1 Trillion Since the Start of Football Season
The federal government is borrowing money at a mind-spinning rate, and you can't blame it on the COVID-19 pandemic anymore.
Maine's Bad Prostitution Law Could Be Coming Soon to Your State
Beware the “Equality Model” of sex work law reform in 2024.
"Purported Robberies Were Staged" to Support "Fraudulent Visa Applications"
A system for encouraging cooperation by crime victims was allegedly turned into a means of producing visa fraud.
Federal Court Again Refuses to Dismiss Juliana Climate Case
Judge Aiken's reckless defiance of legal rules is turning the "Kids Climate Case" into a zombie climate case.
Judge Blocks Attempt To Dismiss Lawsuit Challenging Idaho Abortion Ban
A state judge ruled that a lawsuit seeking clarification on Idaho's vague abortion ban can move forward, despite dismissing some of the suit's claims.
Federal Judge Questions 'Evolving Standards' Test for Cruel and Unusual Punishment
The Supreme Court judges Eighth Amendment cases with "evolving standards of decency." Some conservative jurists don't like it.
Mickey Mouse Is Now In the Public Domain. Well, Sort Of.
Even though only one very specific version of the character is free to use, it still represents a positive step for creative expression.
Red State, Red Tape
How Florida’s legacy of slow-growth laws is holding back its post-COVID boom.
Who Decides Whether Trump Can Run, and What Sort of Evidence Suffices?
Letting state officials determine whether a candidate has "engaged in insurrection" opens a huge can of worms.
A Police Group's Comments on Civil Asset Forfeiture Show Exactly Why It Needs Reform
"You've got to be able to demonstrate some level of legitimacy" the head of the National Sheriffs' Association says of carrying large amounts of cash.
Trump Wouldn't Be the First Non-Confederate Barred From Office by the 14th Amendment
The weird story of Victor Berger, the Espionage Act, and "Shoeless" Joe Jackson.
10 Stories That Drove Free-Range Parents Crazy in 2023
And some good news, after all.
The Endangered Species Act at 50: Still Not Recovering Species After All These Years
Claims of the Act's success at recovering imperiled species are vastly overstated, especially on private land.
Can the Government Be More Effective?
William D. Eggers discusses what he's learned about making the government less intrusive.
How FDR Emasculated the Black Press in World War II
Instead of indulging in politically risky sedition prosecutions of the black press, the government relied on indirect methods of behind-the-scenes manipulation and intimidation.
Nebraska Court Upholds Order That Father Not Take Son to Sweat Lodge
The court is silent on whether it would be OK to take him to Houston in July.
Here's Why Charity Is Better at Solving Problems Than Government
Big government has been ruinous for millions of people. Charities aren't perfect, but they are much more efficient and effective.
Fifth Circuit Rejects Younger Abstention Claim by Prosecutor Seeking to Prosecute Netflix for Airing "Cuties"
A rare federal court decision denying Younger abstention.
William Barr Responds on American Petroleum Institute v. Minnesota
The former Attorney General disagrees with me on whether state and local government climate change lawsuits belong in federal court.
Why Section 3 Disqualification Doesn't Require a Prior Criminal Conviction on Charges of Insurrection [Updated]
The reason is a combination of the general structure of our legal system and the original meaning of Section 3.
The D.C. Circuit Mulls Trump's Alarmingly Broad Claim of Presidential Immunity From Prosecution
His lawyers say no jury can ever consider charges based on his "official acts" as president, which include his efforts to reverse Joe Biden's election.
Biden Expands Pardons for Marijuana Possession
It's a commendable, but very modest, expansion of a step he took last year.
Biden Expands Pardons for Low-Level Federal Marijuana Offenders
The pardons freed no prisoners, but the White House says they will ease the burden of a criminal record.
ICE Leaked These Asylum Seekers' Personal Information. A Court Just Dismissed Their Lawsuit.
“The victims may not have been persecuted or tortured due to the data breach yet, but the likelihood of those outcomes has increased due to ICE’s conduct.”
Why a Huge Budget Deficit Might Be Good News for California
California is facing a projected deficit of $68 billion, a larger amount than the entire annual budget of the state of Florida.
Efforts to Show that Exempting the President from the Scope of Section 3 of the 14th Amendment isn't Absurd Underscore that it Actually is
Harvard law Prof. Larry Lessig's attempt to prove otherwise misfires.
The Flimsy RICO Case Against Atlanta's Cop City Protestors
Law enforcement officials appear to have tarred ad hoc bands of protesters as members of an organized criminal movement.
All I Want for Christmas Is for Congress To Exercise Fiscal Restraint
Lawmakers can take small steps that are uncontroversial and bipartisan to jumpstart the fiscal stability process.
10-Year-Old Kid Offered Probation for Peeing Behind His Mom's Car
His mom is rejecting the prosecutors' absurdly strict probation rules.
G.M. To Lay Off 1,300 Michigan Workers Despite $824 Million in State Incentives
The bulk of the employees may be able to find work elsewhere within the company, but the state could still be on the hook for the promised cash.
This Innocent Woman Is on the Hook for Thousands After a SWAT Team Destroyed Her Home
An error-prone investigation in search of a fugitive led police to Amy Hadley's house.
Removing Trump From the Colorado Ballot Won't Make Things Better
You're not going to save democracy by kicking people out of elections.
My Contribution to Brennan Center Symposium on the Most Significant State Constitutional Cases of 2023
I focus on the Washington Supreme Court's flawed decision holding an eviction moratorium is not a taking of private property.
Texas' New Immigration Law Will Lead to More Policing With Less Accountability
S.B. 4 will let officers arrest people well beyond the border. It also “provides civil immunity and indemnification” for state officials who get sued for enforcing it.
D.C. Circuit Rejects Oil Company Attempt to Remove District's Climate Suit to Federal Court
Yet another federal circuit court of appeals rejects energy company removal claims.
What J.D. Vance Could Learn From Reading Hillbilly Elegy
The senator used to know why the U.S. Steel/Nippon deal is nothing to fear.
5th Circuit Reluctantly Rules Against Victim of a Prosecutor Who Was Also a Law Clerk
Ralph Petty's "conflicted dual-hat arrangement" as an advocate and an adjudicator was "utterly bonkers," Judge Don Willett notes.
Welcome to the Hyperbole Factory
Plus: A listener asks the editors to consider the libertarian argument against shopping local.
Georgia Taxpayers Lose $160,000 for Every Job Created by Film Tax Credits
The program generates just 19 cents for every dollar spent.
Infographic: Florida's Special Districts
It's not just Reedy Creek and The Villages. Florida has nearly 2,000 special districts.
DeSantis vs. Disney: Florida's Fight Over Private Governance
Gov. Ron DeSantis’ crusade to end America's greatest success in private governance.
The Next Kids Climate Case: Genesis B. v. EPA
Another climate change lawsuit filed on behalf of children, this time against the Environmental Protection Agency.
