The "Look Before You Leap" Principle
and other matters from the latest episode of Divided Argument
Law & Government
The Next President Needs To Cut Spending
At a minimum, the national debt should be smaller than the size of the economy. A committed president just might be able to deliver.
The Unsurprising Affirmative Action Decision in Students for Fair Admissions v. Harvard
The Court's core ruling is unsurprising, but its future effects are uncertain.
CBO Projects Huge Deficits, $116 Trillion in New Borrowing Over the Next 30 Years
A new Congressional Budget Office report warns of "significant economic and financial consequences" caused by the federal government's reckless borrowing.
Rent Control 2.0 Looks a Lot Like Rent Control 1.0
Rent control is getting a rhetorical makeover from progressive policy makers.
Prison Ministry Group Sues Indiana Jail for Banning Amazon Books
The lawsuit claims the ban has no "legitimate penological justification"
Canada Is Poaching America's High-Skilled Foreign Workers
It’s an entirely predictable consequence of an inhospitable immigration system.
Supreme Court Refuses To Expand the 'True Threats' Exception for Free Speech
Plus: Maine prostitution measure becomes law, "significant misconduct" in jail where Epstein hung himself, Mike Pence defends free markets, and more...
Alabama Isn't Ready To Kill Inmates By Nitrogen Hypoxia. It Wants To Try Anyway.
James Barber is set to be killed next month, the first execution after a string of botched lethal injection executions in the state.
Supreme Court Confirms That State Legislatures Can't Ignore the Constitution When Writing Election Rules
Chief Justice John Roberts decisively rejected the independent state legislature theory.
Ron DeSantis' Border Plan: Invade Mexico, Shoot Drug Smugglers, End Birthright Citizenship
The 2024 hopeful has put together a platform full of big-government action.
Why a Supreme Court Justice Who Always Votes for One Type of Litigant isn't Necessarily Biased
Justice Gorsuch has never voted against Native American interests in a Supreme Court case. But that probably isn't because he's biased in favor of Indians. He simply believes that much existing precedent in this field is biased the other way.
Oregon Partially Repeals Ban on Adults Fueling Their Own Cars
After many failed efforts at reform, the Oregon Legislature has passed a bill allowing gas stations to designate up to half their pumps as self-service.
Federal Judge Blocks Florida's Anti-Drag Law
The ruling is the latest in a series of legal defeats for anti-drag laws.
How Other Countries Benefit From America's Dysfunctional Immigration System
The U.S. is keeping talented foreigners away—and failing to retain them.
Supreme Court to Consider Scope of Congress's Taxing Power under the 16th Amendment
The question presented is whether the 16th Amendment authorizes Congress to tax unrealized sums without apportionment among the states.
"The Neglected Value of Effective Government," by Prof. Rick Pildes (NYU)
"How law and policy have undermined the ability of government to deliver both large-scale policies and a range of public goods."
What's Left Standing of Special Solicitude for States After U.S. v. Texas?
The Supreme Court did not overturn the standing holding of MAssachusetts v. EPA, but it may have left it on life support.
Bombing Mexican Cartels Won't Stop Fentanyl
A Republican-sponsored resolution would authorize the president to "use all necessary and appropriate force" against foreigners involved in fentanyl trafficking.
D.C. Circuit Affirms Dismissal of Bivens Claims Over Clearing of Lafayette Park
Applying settled precedent, the court bars a Bivens action, but Judge Walker suggests a possilble alternative.
Judge Dave Retires from the Bench
The Honorable David B. Sentelle has heard his last case.
Predicting Case Authors and Outcomes as the Supreme Court Hits the Home Stretch
Some worth-what-you-paid-for-them predictions for the final(?) week of SCOTUS opinions.
Supreme Court Rejects 'Extraordinarily Unusual' Case Against Biden's Deportation Policy
Today’s decision “is narrow and simply maintains the longstanding jurisprudential status quo,” wrote Justice Brett Kavanaugh for the majority.
Supreme Court's Sidestep Leaves Native Kids Without Answers
While intended to keep Native families together, the ICWA subjects American Indian children to a lower level of protection than is enjoyed by non-Native kids.
Supreme Court Rules Red States Lack Standing to Challenge Biden Immigration Enforcement Guidelines
The 8-1 decision is a major win for Biden and executive enforcement discretion. I think the Court got the right result, but for the wrong reasons.
A Year Post-Dobbs, Major Shifts in Abortion Access and Politics
Plus: Court rules against judge who threw child stars in jail during parents' custody dispute, inside the FTC's attempt to stop Microsoft from acquiring Call of Duty, and more...
A Troubling Supreme Court Habeas Decision
The Supreme Court was wrong to deny relief to a man imprisoned for activity that Court's own rulings indicate was not illegal - one who never had an opportunity to challenge his incarceration on that basis.
Economic Freedom Is Declining in the U.S.
We once ranked No. 4 in the world, according to the Heritage Foundation. Now we're 25th.
Another Georgia Probe Finds No Evidence of Conspiracy To Steal 2020 Election
The Trump campaign's claim that two Atlanta poll workers pulled fraudulent ballots from a suitcase on election night are "false and unsubstantiated" after a two-year investigation.
Can a Florida School District Ban a Children's Book About Gay Penguins?
The answer's more complicated than you might think.
Reporters Convicted of 'Trespass' for Doing Their Jobs
The guilty verdict came the same day the Justice Department blasted Minneapolis for harassing the press.
The Federal Case Against Trump Is 'Very Strong,' His Former Attorney General Says
By taking records that did not belong to him and refusing to return them, William Barr says, Trump "provoked this whole problem himself."
He's Facing Life in Prison for Owning Firearms Without a License
The government appears to agree that Charles Foehner shot a man in self-defense. He may spend decades behind bars anyway.
The Fed Won't Save Us From the Inflation Iceberg
Plus: Was Gerald Ford right to pardon Richard Nixon?
Immigrants Can't Naturalize if They Own a Marijuana Dispensary, Court Says
Maria Elena Reimers has been caught in legal limbo for years.
Clark Neily: Regardless of Guilt, Trump Won't Go to Jail
The constitutional lawyer and criminal justice reformer talks about our two-tier punishment system and deep-seated corruption at the Justice Department.
Senate Democrats Say Modernizing Airline Pilot Training Requirements Will Kill People
If a proposal to let pilots do more of their training on flight simulators passes, supporters will have "blood on your hands," says Sen. Tammy Duckworth.
Companies Shouldn't Have the Right To Veto Their Competition
Certificate of need laws hurt consumers by decreasing the supply of services, raising prices, and lowering service quality.
Florida Doubles Down on Anti-Competitive Car Dealership Law
Automobile dealers say the law will preserve and protect the "competitive nature" of the business, by removing their competitors.
The Vast Majority of People Who Want To Immigrate to the U.S. Have No Legal Option
A new Cato Institute report highlights just how hard it is to come to the U.S. legally.
Congress Had Questions About the CDC Stifling Dissent. Rochelle Walensky Refused To Answer.
Plus: Court using anti-pornography software to track a criminal defendant, $25 million verdict against Starbucks over fired employee, and more...
The Rail Safety Act Is About Union Handouts, Not Safety
The legislation—which was introduced in response to the derailment in East Palestine, Ohio—pushes pet projects and would worsen the status quo.
Congress Considers Bipartisan Bill Curbing Asset Forfeiture
The FAIR Act would be a significant step forward. It just passed the House Judiciary Committee on a unanimous 26-0 vote.
A.I. Needs Section 230 To Flourish
A new bill from Sens. Josh Hawley and Richard Blumenthal would stifle the promise of artificial intelligence.
