The Biden Administration's 'Emergency' Vaccine Mandate May Be Vulnerable to Legal Challenges
OSHA has rarely used this option, which avoids the usual rule-making process, and most challenges to such edicts have been successful.
OSHA has rarely used this option, which avoids the usual rule-making process, and most challenges to such edicts have been successful.
Emergency OSHA rules are frequently struck down by courts.
Plus: The vaccine and abortion debates, a promising jobs report, and more...
Biden's sudden embrace of a federal vaccine requirement seems inconsistent with his acknowledgment that he cannot mandate every COVID-19 precaution he'd like people to follow.
If they're good enough for Europeans, surely they're good enough for Americans.
The federal health care program is on track for a trust fund shortfall in just five years. But instead of paying for the program that exists, Democrats want to expand it.
S.B. 8 relies on litigation tricks that conservatives have long condemned as a threat to the rule of law.
Plus, why is no one talking about the Medicare Trustees' entitlement report?
Yale Law School Prof. Cristina Rodriguez and I discussed this timely subject with host Stephen Henderson.
While libertarians will be inclined to applaud some of the new laws, others exemplify familiar conservative excesses.
The same legal ruse can be used against gun rights and other civil liberties, not just against abortion.
A federal judge says an anti-porn group's suit against Twitter can move forward, in a case that could portend a dangerous expansion of how courts define "sex trafficking."
Professors Zachary Price and Benjamin Eidelson offer competing takes.
In his new book, the 83-year-old justice warns court-packing advocates to “think long and hard before embodying those changes in law.”
Only in extreme circumstances should a court come between a parent and their child.
Without policy changes, beneficiaries will receive only 78 percent of what was promised starting in 2034.
Compared to pandemic employment shifts in other fields, law enforcement numbers are fairly stable.
Plus: Biden's Afghanistan speech, Texas abortion ban takes effect, Instagram's creepy new plan, and more...
A Feddie Fight Night on the Administrative State featuring Prof. Gary Lawson and Prof. Nicholas Bagley
Thwarted politicians rant, pout, and are outraged by anybody who pushes back.
The president seems determined to anoint the agency’s director as the nation’s COVID-19 dictator, no matter what the law says.
The Army Corps and EPA were happy to have the Trump Administration rule remanded, as they are working on a more expansive replacement that will itself face legal challenge.
The health program won't be able to pay all of its bills starting in 2026, according to a new Trustees report.
Not everything potentially beneficial should be mandatory and not everything potentially harmful should be banned. And not every dispute about costs and benefits should be decided by the federal government.
Who thought it was a good idea to give the government control over marketing?
Plus: Kids got more obese during the pandemic, how Section 230 protects gun rights, and more...
The Court said it "strains credulity" to believe that Congress gave the CDC the "breathtaking amount of authority" it asserted.
Some states still allow ordinary citizens (and not just the usual criminal prosecutors) to initiate a prosecution of someone they accuse of a crime.
This outcome was widely expected by legal commentators.
A federal judge concluded that Powell and eight other pro-Trump lawyers who challenged Michigan's election results made frivolous arguments and treated evidence recklessly.
A little-known agreement allows police officers to seize packages at FedEx sorting centers.
The entire federal workforce is required to be vaccinated. So why is the federal bureaucracy still operating as if routine public interactions are a public health threat?
Plus: Steven Horwitz's economic theories, Hawaii cops sued over fatal shooting, and more...
A string of adverse court decisions will stop the University of California Board of Regents from adding more students to its Berkeley campus and adding more hospital beds to its medical center in San Francisco
I coauthored it with Kevin Cope (University of Virginia) and Alex Stremitzer (UCLA/ETH Zurich)
To spend a lot of money, or to spend a lot more money? That is the question.
Federal environmental laws and restrictions on tolling are adding years to the rollout of New York’s congestion pricing program.
Taking the "public" out of public service
The former D.C. Circuit Judge is now a contributor to the Yale Journal on Regulation's Notice & Comment blog.
The D.C. Circuit rejects an effort to obtain internet browsing histories under the Freedom of Information Act
The law just addresses use of individuals' data by private companies, carving out exceptions for government harvesting of data.
The West needs markets in water, not allocations based on political considerations.
But the decision turns heavily on Louisiana law, and on the nature of this particular set of rules.
Two professors have proposed using the CRA to authorize agency actions and avoid the filibuster. Would it work?
The same institution that's unable to run the Postal Service or Amtrak orchestrated our invasion and withdrawal of Afghanistan.
The Supreme Court will hear the case this fall.