Josh Blackman: Sam Alito, Roe v. Wade, and Libertarians
Does returning decisions about abortion to the states increase liberty or shrink it?
Does returning decisions about abortion to the states increase liberty or shrink it?
The former venture capitalist will face Rep. Tim Ryan, the Democratic nominee, in November's general election.
The Constitution protects many more rights than it mentions.
If even Donald Trump can't tell the candidates apart, what hope do Ohioans have?
So the Supreme Court held this morning, though it made clear that a city could pick and choose which flags it flies, if it makes clear that the flags are its own speech.
The justices unanimously agree that the city was not endorsing the flags, and that therefore it couldn’t exclude religious organizations.
Adrian Vermeule responds to Judge Bill Pryor, and others comment on "Common Good Constitutionalism"
Plus: Homeland Security's new Disinformation Governance Board, the FDA's menthol ban, and more...
Courts are all over the map about jurisdiction, but the label isn't as important as the substance.
Both Republicans and Democrats are abusing states' police powers to achieve performative political goals. They should stop.
It may not be a successful strategy in general elections, but it's still deeply unnerving.
Some doctrinal tools to appropriately limit church autonomy.
Church autonomy coexists with state responsibility, as a matter of history and theory.
The president’s COVID-19 adviser embodies the arrogance of technocrats who are sure they know what’s best for us.
The 75 commutations announced today, while impressive compared to the pitiful records of previous presidents, pale beside a huge backlog of petitions.
They know there are limits—but what are they?
A primer on a religious liberty issue that went from a backwater to a hot topic in the last decade.
The Biden administration's main priority seems to be leaving the agency's authority vague enough to allow future interventions.
The lawsuit says there have been multiple deaths from neglect and poor suicide prevention policies at the Louisiana prison where Javon Kennerson died.
though laws generally banning mislabeling food as “halal” (or “kosher”) violate the Establishment Clause.
A town attorney threatened a local activist with a frivolous lawsuit so she would stop criticizing him. She complied, and he sued her anyway.
That's a fundamentally anti-democratic attitude.
Chuck Schumer seems less interested in achieving cannabis reform than in making political hay from his inevitable failure.
Clarifying the agency's authority could impede future power grabs.
The decision against the rule hinged on whether the agency had the power it asserted.
The current run of price and wage increases could tip taxpayers into higher brackets, where they will owe larger slices of their income to the government.
If you resent government incompetence and malice, maybe your devalued dollars will buy less of it.
A newly released memo from the Office of Legal Counsel suggests the answer is "yes."
Plus: Wikipedia vs. crypto, Elon Musk takes on Twitter, and more...
Not a single judge on the U.S. Court of Appeals for the Fifth Circuit sought to reconsider a stay of a district court opinion barring consideration of the Biden Administration's social cost of carbon estimates.
Starr County District Attorney Gocha Allen Ramirez has yet to explain how this egregious error escaped his notice.
The agency’s tactics doomed the prosecution of defendants who allegedly planned to kidnap Michigan's governor.
Some liberal political analysts are warning that Republicans will gain a big Senate majority over the next two elections.
The Pirates of the Caribbean actor is taking advantage of the state's lax laws that make it easier to file frivolous lawsuits intended to quell speech.
As Starr County District Attorney Gocha Allen Ramirez belatedly conceded, that charge is explicitly prohibited by the Texas Penal Code.
Putin and other Russian leaders are likely guilty of massive war crimes. And there is real, though limited, value to pursuing the issue.
Four economists at the Federal Reserve say America's high rate of inflation relative to the rest of the world is the result of surging disposable income during the pandemic.
It explains why many of the reasons GOP senators gave for opposing Jackson were ridiculous, but also that there is nothing inherently wrong in opposing a qualified "mainstream" nominee based on differences over judicial philosophy.
Donald Trump's staying power and the decline of fusionism are on full display in this primary race.
The ACLU of Northern California is suing to overturn the ordinance.
Instead of building on Republican support for federalism, they seem determined to alienate potential allies.