Of Babysitters and Major Questions
Survey data casts doubt on the textualist rationale for the major questions doctrine that I and others have advanced. But perhaps not as much doubt as it might seem.
Survey data casts doubt on the textualist rationale for the major questions doctrine that I and others have advanced. But perhaps not as much doubt as it might seem.
Plus: Why don't journalists support free speech anymore?
Plus: Backpage trial pushed back, Bidenomics doens't resonate, and more...
Recent articles by Lawfare and Walter Olson perform a valuable service on this front.
Another exercise in nonsense by state lawmakers in California.
Plus: More takes on the Trump indictment, Biden's new student loan plan is here, and more...
Since Congress designed and implemented the last budget process in 1974, only on four occasions have all of the appropriations bills for discretionary spending been passed on time.
UVA found "insufficient evidence" to conclude that Morgan Bettinger called protesters "good speed bumps." They punished her anyway.
The proposal would raise the federal minimum wage by 134 percent.
Promoting impunity for violating rights as a policy tool? What could go wrong?
His attempt to stay in power despite losing an election is well worthy of prosecution and punishment, on grounds of retribution and deterrence.
The nature of their conduct is a better indicator of the punishment they deserve.
Plus: California tries to stop professors from testifying in suit over COVID education policies, state Republicans aren't all abandoning free market economics, and more...
When a bystander offered to give the officers flotation devices and a small boat, they refused.
A White House panel says the FBI's internal control over Section 702 databases are "insufficient to ensure compliance and earn the public's trust."
If so, please submit it to the Constitutional Law Institute's fall conference!
Even if background check applicants are guilty of wrongdoing, imposing lifetime bans on gainful employment is not a good policy.
Washington is doing a poor job of monitoring whether the weapons it sends to Ukraine are ending up in the right hands.
Players can experience for themselves how difficult, expensive, and exhausting it is to come to the country legally.
The Supreme Court vacated a stay entered by the U.S. Court of Appeals for the Fourth Circuit.
Justice Alito was wrong to suggest Congress has no authority to regulate the Court. But that authority is itself subject to constraint.
The plan's supporters say it won't push costs onto taxpayers.
If you're getting Satoshi's name wrong, you might not know what you're talking about.
Where your final years are active, dignified, and pretty much permanent.
Carlos Pena's livelihood has been crippled. It remains to be seen if he'll have any right to compensation.
It's a short-sighted approach that distracts us from the more important question.
A federal judge objected to two aspects of the agreement that seemed designed to shield Biden from the possibility that his father will lose reelection next year.
What does that tell us about the state of American Christianity?
The senators say they're creating an "independent, bipartisan regulator charged with licensing and policing the nation's biggest tech companies." What could go wrong?
Plus: Moralism is ruining cultural criticism, Biden administration mandates bigger plane bathrooms, and more...
Maurice Jimmerson finally got a trial after a decade of pretrial detention. It ended in a hung jury.
New York politicians got out of the way for once, and something beautiful happened.
The furious response to a seemingly modest reform reflects a broader dispute about the role of courts in a democracy.
Plus: Elite colleges favor the rich, D.C. restaurants pass on new wage costs to customers, and more...
As states continue to implement digital ID systems, it is essential that they build tools in ways that inherently protect civil liberties rather than asking citizens to just trust government officials.
Plus: Should libertarians consider employing noble lies when pitching themselves to new potential voters?
New York officials have primarily pitched congestion tolls as an easy cash grab for the city's subway system. New Jersey drivers and politicians aren't happy about that.