Today in Supreme Court History
Law & Government
Blame the Feds for Your Canceled Flight This Memorial Day
Staffing shortages and laughably out-of-date technology in the federal government's air traffic control system are leading to a lot more flight delays.
A Georgia Woman Died After Falling Out of a Moving Patrol Car. Now, Her Family Is Suing the Cops Responsible.
Brianna Grier was having a mental health crisis. She needed an ambulance. She got two cops instead.
Minnesota Caps Length of Probation Sentences
A Reason investigation earlier this year detailed the case of a Minnesota woman who was sentenced to 40 years on probation for a drug crime.
North Carolina Governor Declares 'State of Emergency' Over Education Debate
The stunt comes days after Justice Gorsuch warned of officials addicted to emergency decrees.
Supreme Court Reins in EPA Overreach
Thanks to Sackett v. EPA, the feds can no longer treat a backyard puddle like it's a lake.
John Sununu on Boyden Gray's Legal Legacy
C. Boyden Gray was a pivotal figure within the Republican Party on environmental law.
In Sackett v. EPA, the Supreme Court Cuts Back Federal Regulatory Authority Over Wetlands
The Clean Water Act decision was a unanimous win for the Sacketts, and a 5-4 victory for Justice Scalia's 2006 Rapanos v. United States plurality.
Panicked by Fentanyl Analogs, Biden Embraces the Mandatory Minimums He Claims To Oppose
A House-approved bill that the president supports would expand the draconian penalties he supposedly wants to abolish.
The County Sold Her Home Over Unpaid Taxes and Kept the Profit. SCOTUS Wasn't Having It.
"The taxpayer must render unto Caesar what is Caesar's, but no more," wrote Chief Justice John Roberts.
Court Upholds Order Limiting Divorced Father's Talking to Gay Son About Sexual Orientation and Religion
"[W]e find no error by the trial court in finding that Father had mentally abused N. The circuit court concluded that N. was 'frightened,' 'scared,' and 'fearful' of his Father's anger and his Father's refusal to accept his sexual orientation."
Taxing the Rich Will Have No Meaningful Effect on Our Sky-High National Debt
The U.S. tax system is extremely progressive, even compared to European countries—whose governments rely on taxing the middle class.
The FTC Is Investigating Anti-Competitive Baby Formula Contracts. Bad Federal Policy Is To Blame.
If the FTC wants to know why there's such a notable lack of competition within America's baby formula market, it ought to ask other parts of the federal bureaucracy.
Will We Ever Get an SEC Climate Disclosure Rule?
The Securities & Exchange Commission again delays issuing a controversial anticipated rule.
'No One Will Become an American Until…the Border Is Secure'
Plus: Lawsuits over drag shows, a ban on Chinese citizens buying property in Florida, and more...
The War on Tamales
Arizona was set to legalize the sale of "potentially hazardous" homemade foods—but then Gov. Katie Hobbs vetoed the bill.
The Two Faces of Ron DeSantis
Sometimes he calls for freedom, and sometimes he preaches something darker.
The Perils of 'Rule by Indefinite Emergency Edict'
Supreme Court Justice Neil Gorsuch highlights a vital lesson from the COVID-19 pandemic.
Kicking Out Paid Conference Attendee May Be Breach of Contract—but His Returning Is Still Criminal Trespass
A case stemming from a "Holocaust revisionist's" expulsion from a conference on "Mennonites and the Holocaust."
Do the Natcons Get Anything Right?
Plus: A listener asks if the Roundtable has given the arguments of those opposed to low-skilled immigration a fair hearing.
Josh Hawley Wants the Debt Ceiling Deal To Include a Massive Tax Hike on Americans
Hawley might call them "tariffs on China," but that's obvious nonsense: Tariffs are paid by Americans.
Summary Reversal of Sixth Circuit in Calcutt v. FDIC Reaffirms the Importance of Chenery I
A welcome reminder that reviewing courts must judge the propriety of agency actions solely by the grounds invoked by the agency.
Worried About the Debt Fight? Make the Hard Spending Decisions That Politicians Won't!
The debt ceiling isn’t the issue; excessive federal spending is the real problem.
Don't Mix Rare Bourbon With State Power
Oregon liquor regulators were caught diverting prized whiskey for personal use.
Supreme Court: Andy Warhol's Prince Prints Not 'Transformative' Enough for Fair Use
The case could have long-term implications for how broadly fair use can be applied.
Desperate To Avoid Decriminalization, Washington Legislators Lovingly Threaten Drug Users With Jail
The imminent expiration of a law that recriminalized drug possession triggered a bipartisan panic.
Gorsuch Condemns 'Breathtaking' COVID Emergency Powers That Crushed Civil Liberties
"Since March 2020, we may have experienced the greatest intrusions on civil liberties in the peacetime history of this country," Gorsuch wrote. That might be an exaggeration, but it isn't far off.
Section 230 Is Safe (for Now) After Supreme Court Rules on Google and Twitter Terrorism Cases
Plus: A new lawsuit in Montana over the state's TikTok ban, the economic realities of online content creation, the rights of private companies, and more...
Baby Ninth Amendments Part V: Real Life, Potpourri, and the Big Picture
An example of a Baby Ninth in action, some miscellany, and what the story of Baby Ninths means for the U.S. Constitution itself.
Michigan Senate Proposes Onerous Licensing Rules for Hunting and Fishing Guides
Proponents say that the bills would ensure the quality of fishing and hunting guides, but occupational licensing doesn't tend to work that way.
The Post-Liberal Authoritarians Want You To Forget That Private Companies Have Rights
J.D. Vance and Co. are trying to give themselves permission to wield public power unconstitutionally.
Conservatives Pushing 'Common Good Capitalism' Sound a Lot Like Progressives
The ideology champions the same tired policies that big government types predictably propose whenever they see something they don't like.
Establishment Clause Related to School's Transcendental Meditation Program Sent to Transcendental Mediation
OK, not really, but the judge partly denied the motion for summary judgment, which would allow it to go to trial.
State Department To Bring Back Domestic Visa Renewal for Some Foreign Workers
Until 2004, all foreign workers could renew their visas without leaving the United States.
Neither the Constitution Nor Common Sense Supports the Argument the Debt Ceiling Is Unconstitutional
Professor Prakash dispatches the arguments for unilateral Presidential authority to disregard the debt ceiling.
Was This Couple Married 0, 1, or 2 Times?
Florida Law + New York Law + Jewish Law = ....
Biden's Experience Doesn't Mean He Can Plan an Economy
No amount of experience can solve the "knowledge problem."
Do Conservatives Actually Like RFK Jr., or Do They Just Think He'll Hurt Biden?
Democrats spent tens of millions of dollars last year's midterms meddling in Republican primaries. Republicans may now be borrowing a page from their playbook.
Alabama Botched His Execution. Now He Wants To Die Differently.
On Monday, the Supreme Court sided with an Alabama death-row inmate who, after surviving a botched lethal injection attempt last year, says he wants to die by gas chamber instead.
Doctors Detail Dangerous Pregnancy Care in States With Abortion Restrictions
Plus: APA says social media not inherently harmful for kids, senators propose Artificial Intelligence Regulatory Agency, and more...
Baby Ninth Amendments Part III: "An Unwritten Constitution"
What have people said about the Baby Ninths since they were first adopted in 1819? Delegates thought they protected unenumerated rights. But judges have mostly failed to put them into action.
Vivek Ramaswamy Thinks 'Wokeness Is a Cultural Cancer'
Why the businessman launched a long shot campaign for the presidency.
Trump's Disregard for the Rule of Law Is at Least As Bad As Biden's
The former president reminds us that claiming unbridled executive power is a bipartisan tendency.
OpenAI Chief Sam Altman Wants an FDA-Style Agency for Artificial Intelligence
His licensing proposal would slow down A.I. innovation without really reducing A.I. risks.
