Goodbye, Ben Sasse
The outgoing Nebraska senator thinks America's true divide is between pluralists and zealots.
Law & Government
"Father Has Held Himself Out as 'the Father,' … But Father Has Also Referred to Himself as 'the Mother'"
Of course, as usual, the resolution of this questions turns on a question of procedure.
Just Ketanji Brown Jackson Lands Major Book Deal for Her Memoir
It is becoming a pattern for Supreme Court justices to make significant amounts of money by publishing books.
Don't Underestimate Clarence Thomas
Justice Thomas' footprints are all over the Court's recently concluded term.
The New Yorker Profiles "The Conservative Who Wants to Bring Down the Supreme Court."
Jonathan Mitchell failed in his effort to become a legal academic, so he put his theories into practice instead.
En Banc Fifth Circuit Denies Chevron Deference to ATF in Bump Stock Case
A majority of judges concluded the plain language of the statute does not apply to bump stocks, but they also would have denied Chevron deference had they found the statute ambiguous.
Biden's Immigration Plan Lays Out a Tougher Border, New Legal Pathway for Some Migrants
There's still much more to be done to establish fair and efficient processes at the border.
Cameras Should Stay in Place After the House Picks a Speaker
C-SPAN has shown House proceedings since 1979 but only what the House chooses to let it show. That needs to change.
A Michigan Supreme Court Justice Hired an Ex-Con. Another Justice Shamed Him Into Resigning.
Justice Richard Bernstein said Pete Martel's hiring as clerk was unacceptable because "I'm intensely pro-law enforcement."
South Carolina Supreme Court To Decide the Future of the Death Penalty in the State
On Thursday, the South Carolina Supreme Court began hearing arguments in a case that could see the state's attempt to execute inmates by electrocution or firing squad declared unconstitutional.
Is Texas About To Use Expired Drugs To Execute Death Row Inmates?
Defendants say this practice violates the state’s own laws. The attorney general is pushing onward anyway.
Fixing Congress' Broken Appropriations Process Is Worth This Mess
This week's Republican revolt against Kevin McCarthy is actually a rank-and-file revolt against the top-down process that both parties have used to control the House in recent years.
New Jersey Town That Sued a Woman for Public Records Requests Now Wants Lawyer Prosecuted for Same Thing
Irvington made national headlines last year when it filed a lawsuit against an 82-year-old woman for filing too many public records requests. Now it says a lawyer for FIRE should be prosecuted.
2 Years After the Capitol Riot, the GOP Remains Divided. Good.
Plus: Misinformation about athlete deaths, FTC wants to ban noncompete clauses, and more...
Ignoring the Anti-McCarthy Faction's Avowed Goals, The New York Times Sees Only 'Chaos and Confusion'
The paper attributes the fight over the election of the next House speaker to "anti-establishment fervor" and a lust for "personal power."
Justice Sotomayor Tells Law Professors She Felt "Shell Shocked" After Last Supreme Court Term
A brief report on Justice Sonia Sotomayor's remarks to the Assocation of American Law Schools conference.
Justin Amash: Kevin McCarthy Is a 'Compulsive Liar' Who 'Cares Only About Power'
The former Libertarian congressman was in the Capitol Wednesday drumming up a Hail Mary quest to become speaker of the House.
The GOP Split on Ukraine Aid Isn't Really About Ukraine
For most aid critics, the urge to cut off Kyiv appears unconnected to any sort of principled realism, non-interventionism, or even isolationism.
Trump's Tax Returns Show What Sort of Tax Reform We Need
But partisans are having the wrong debate.
Phoenix Police Sued Over Death of Mentally Ill Man in Their Custody
Officers piled on top of a cuffed Akeem Terrell after he was arrested for acting erratically at a party, and later found him pulseless and facedown in an isolation cell.
For the First Time, Pennsylvania Might Have an Independent Speaker of the House
A declaration of independence capped a wild day in Pennsylvania's State House.
Interview: Libertarian Former Rep. Justin Amash Is Willing to Serve as Compromise House Speaker
"We have an oligarchy right now," says Amash.
Illinois City Agrees To Stop Fining People for Resisting Warrantless Home Inspections
Zion’s attempts to push out unwanted renters collides with Fourth Amendment protections.
An Arizona Prison Is Requiring Inductions for Pregnant Inmates
"Just because I made some bad choices in my life, they shouldn't be allowed to make bad health choices for me and my baby," said one woman whose labor was induced against her will.
Democrats May Regret Compromising Taxpayer Privacy To Get Trump
The release of the former president’s tax returns sets a dangerous precedent.
A Surly Showdown for Speaker
Plus: Would Adam Smith be a libertarian if he were alive today?
Why Are Some Republicans Revolting Against Kevin McCarthy's Bid To Be Speaker of the House?
The insurgent Republicans want to balance the budget, impose new barriers to immigration, and increase transparency for future earmark spending.
Federal Adoption Law Leads States To Prematurely Separate Families
For 25 years, the law has been giving states kickbacks when they finalize adoptions quickly.
Oregon Supreme Court Orders New Trials for Hundreds Convicted by Split Juries
Oregon was one of only two states that allowed for non-unanimous guilty verdicts until the Supreme Court outlawed them in 2020.
Republicans Control the House but Can't Compromise on Someone To Lead It
Plus: Appeals court upholds policy linking bathrooms to biological sex, the worst states for taxes, and more...
Pundits Predicted a Backlash Against Criminal Justice Reform in the Midterms. What Happened?
While rising crime created headwinds for candidates who supported criminal justice reform, the apocalyptic storm never quite arrived.
US News Makes Beneficial Changes to its Law School Rankings System
Downgrading reputational surveys and abolishing points for per-student expenditures are steps in the right direction.
Now Anybody Can Write a Sherlock Holmes Story
Nearly a century after author Arthur Conan Doyle's death, the character is finally free.
En Banc Eleventh Circuit Rejects Legal Challenge to School District's Bathroom Policy
The Appeals Panel Rejects a Trangender Student's Bid to Use Bathroom Corresponding to the Student's Gender Identity Instead of Biological Sex.
N.Y. Law Banning Gun Carrying in Churches (Including When Authorized by Church) Unconstitutionally …
discriminates against religious institutions
SCOTUS in Fall 2022: Longer Arguments, Fewer Opinions
The Supreme Court's oral arguments have become significantly longer, but the Court has yet to issue an opinion on the merits so far this term.
Biden Administration Finalizes New WOTUS Definition for the New Year
The EPA and Army Corps have finalized a revised definition of "waters of the United States," which defines the scope of federal regulatory jurisdiction under the Clean Water Act.
Yet Another Senator Bungles the First Amendment To Justify Censorship
This week, a clip of Maryland Sen. Ben Cardin claiming that speech that espouses "hate" and "violence" is not protected by the First Amendment made the rounds on Twitter, sparking sharp backlash.
Judge Rules Illinois' Elimination of Cash Bail Unconstitutional
The governor and attorney general say they’ll appeal to the state Supreme Court.
What the Southwest Meltdown Means for Airline Policy
Re-regulating the airline industry won’t help prevent massive service disruptions in the future.
Rand Paul Complains That Democrats Squandered Their Opportunity To Enact Marijuana Reforms
The prospects in the next session, when Republicans will control the House, are iffy.
