Fifth Circuit Rebukes FDA for Regulatory "Switcheroo" in Denying Vaping Product Applications
Yesterday's decision eviscerated the Food and Drug Administration for its arbitrary and capricious handling of vaping product applications
Yesterday's decision eviscerated the Food and Drug Administration for its arbitrary and capricious handling of vaping product applications
Is a required content warning or algorithm change a violation of the First Amendment?
Nuisance claims may not be a particularly effective way to address the problem of climate change, but federal law does not preempt state common law nuisance claims seeking compensatory damages.
Plus: RIP to political humorist Mort Sahl, a look at which households pay the largest share of sin taxes, and more....
"The plaintiffs failed to make out a plausible claim that the Pulse massacre was an act of 'international terrorism' as that term is defined in the ATA."
Once Upon a Time in Shaolin, formerly owned by Martin Shkreli, was auctioned off by the government and bought by the blockchain/art enthusiasts at PleasrDAO.
The justices will hear United States v. Texas and Whole Woman’s Health v. Jackson on November 1.
Legislating with budget gimmicks is shameful, timid, risky, and opportunistic. Mostly, though, it's really expensive.
The Texas law “could just as easily be used by other States to restrict First or Second Amendment rights,” the Firearms Policy Coalition tells SCOTUS.
The Second Amendment right is vibrant and prominent for many citizens. The Seventh Amendment right has shriveled to a husk of its former self.
But at least state lawmakers also passed some useful criminal justice bills and policing reforms.
Amazon promotes products that mimic its competition? Welcome to more than a century of American retail practices.
Recognizing the difference between substantive and procedural rights helps enormously in understanding the battles over applying the first eight amendments of the U.S. Constitution to the states. Procedural rights have failed; not only have they not improved procedures, they have made things worse.
Manchin's $1.5 trillion plan is still bigger than the Obama stimulus, and would be a major expansion of government's power to redistribute wealth.
Substantive rights have a core that can be meaningfully interpreted and protected; they can exist independently of a particular government or a particular legal system. Procedural rights lack such an independent core because they are necessarily embedded in a whole system of legal procedure, and they depend on that system for their meaning.
One of the big losers in the Illinois redistricting plan is Rep. Adam Kinzinger, a moderate Republican who voted to impeach Trump.
Congress prepares to assert its investigative authority.
Although the affinities between the Second Amendment right to keep and bear arms and the Seventh Amendment right to civil jury trial seem strong, there are crucial differences. The first concerns individual accountability and the ability to understand responsibilities; the second concerns the distinction between substantive rights and procedural rights.
A Supreme Court decision against New York's gun control scheme would be a victory for both criminal justice reform and the Second Amendment.
Featuring Guatemala, New York, and Iran.
A state court has apparently placed a cap on UC Berkeley enrollment increases due to inadequate environmental review.
Without attention to the onerous permitting process for offshore wind and other energy projects, efforts will be plagued by costly delays.
Court finds that a Canton, Michigan ordinance requiring mitigation for tree removal constitutes an uncompensated taking.
Plus: Why "reforming" Section 230 makes little sense, the FDA finally admits vaping is safer than smoking, the U.S. will reopen its land borders with Canada and Mexico, and more...
Demand Justice's Balls and Strikes provides more heat than light.
Some environmentalists seem to care more about triggering endangered species regulation than endangered species conservation.
Is the problem government cash or have we entered a new paradigm?
Governments should not design laws and regulations to frustrate judicial review.
President Trump is telling former aides to assert executive privilege to frustrate the congressional investigation of January 6.
The Prohibition-era three-tier system is causing consolidation, not the market.
The history isn’t unambiguous, but it leans toward expanding impeachment beyond criminal offenses.
Rather than fighting for power, Americans should ignore each other and go about their lives.
Western Michigan University mandated vaccinations for participation in team sports (but not for students generally); it said religious exemption requests would be available on a case-by-case basis; but then apparently categorically denied them.
The D.C. Circuit rejected the Trump Administration's approach to regulating power plant emissions of greenhouse gases. Some states and industry groups want the Supreme Court to take a look.
An extended symposium engaging with an important new book on the use and misuse of cost-benefit analysis in regulatory review.
The Senate's leading progressive seems to misunderstand the basic math of American democracy.
Plus: Twitter's new trigger warnings, good news for food freedom, and more...
History supports neither the plenary presidential power advocated by some nor the complete congressional dominance advocated by others.
Floyd was arrested for selling crack by a crooked Houston narcotics cop who repeatedly lied to implicate people in drug crimes.
"Do you really want to live in a country where government bureaucrats, based on whim and personal preference, can censor whatever they don't like?"
Plus: California can't limit private prisons, Yellen dismisses bank privacy concerns, and more...
A revival of the nondelegation doctrine isn’t likely to massively retrench either the scope of the regulatory state or the president’s ability to steer agency discretion.
Behind the technicalities of the appointment and removal power is a difficult tradeoff between democratic accountability and impartiality in implementing laws.