Desperate To Avoid Decriminalization, Washington Legislators Lovingly Threaten Drug Users With Jail
The imminent expiration of a law that recriminalized drug possession triggered a bipartisan panic.
Law & Government
Gorsuch Condemns 'Breathtaking' COVID Emergency Powers That Crushed Civil Liberties
"Since March 2020, we may have experienced the greatest intrusions on civil liberties in the peacetime history of this country," Gorsuch wrote. That might be an exaggeration, but it isn't far off.
Section 230 Is Safe (for Now) After Supreme Court Rules on Google and Twitter Terrorism Cases
Plus: A new lawsuit in Montana over the state's TikTok ban, the economic realities of online content creation, the rights of private companies, and more...
Baby Ninth Amendments Part V: Real Life, Potpourri, and the Big Picture
An example of a Baby Ninth in action, some miscellany, and what the story of Baby Ninths means for the U.S. Constitution itself.
Michigan Senate Proposes Onerous Licensing Rules for Hunting and Fishing Guides
Proponents say that the bills would ensure the quality of fishing and hunting guides, but occupational licensing doesn't tend to work that way.
The Post-Liberal Authoritarians Want You To Forget That Private Companies Have Rights
J.D. Vance and Co. are trying to give themselves permission to wield public power unconstitutionally.
Conservatives Pushing 'Common Good Capitalism' Sound a Lot Like Progressives
The ideology champions the same tired policies that big government types predictably propose whenever they see something they don't like.
Establishment Clause Related to School's Transcendental Meditation Program Sent to Transcendental Mediation
OK, not really, but the judge partly denied the motion for summary judgment, which would allow it to go to trial.
State Department To Bring Back Domestic Visa Renewal for Some Foreign Workers
Until 2004, all foreign workers could renew their visas without leaving the United States.
Neither the Constitution Nor Common Sense Supports the Argument the Debt Ceiling Is Unconstitutional
Professor Prakash dispatches the arguments for unilateral Presidential authority to disregard the debt ceiling.
Was This Couple Married 0, 1, or 2 Times?
Florida Law + New York Law + Jewish Law = ....
Biden's Experience Doesn't Mean He Can Plan an Economy
No amount of experience can solve the "knowledge problem."
Do Conservatives Actually Like RFK Jr., or Do They Just Think He'll Hurt Biden?
Democrats spent tens of millions of dollars last year's midterms meddling in Republican primaries. Republicans may now be borrowing a page from their playbook.
Alabama Botched His Execution. Now He Wants To Die Differently.
On Monday, the Supreme Court sided with an Alabama death-row inmate who, after surviving a botched lethal injection attempt last year, says he wants to die by gas chamber instead.
Doctors Detail Dangerous Pregnancy Care in States With Abortion Restrictions
Plus: APA says social media not inherently harmful for kids, senators propose Artificial Intelligence Regulatory Agency, and more...
Baby Ninth Amendments Part III: "An Unwritten Constitution"
What have people said about the Baby Ninths since they were first adopted in 1819? Delegates thought they protected unenumerated rights. But judges have mostly failed to put them into action.
Vivek Ramaswamy Thinks 'Wokeness Is a Cultural Cancer'
Why the businessman launched a long shot campaign for the presidency.
Trump's Disregard for the Rule of Law Is at Least As Bad As Biden's
The former president reminds us that claiming unbridled executive power is a bipartisan tendency.
OpenAI Chief Sam Altman Wants an FDA-Style Agency for Artificial Intelligence
His licensing proposal would slow down A.I. innovation without really reducing A.I. risks.
Baby Ninth Amendments Part II: The Invention of Unenumerated Rights
Like most things in law, unenumerated rights clauses took some time to emerge. But once they got going, they spread to all Four Corners of the country. [UPDATE: I inadvertently posted this under my name initially; but it's of course Anthony Sanders' post. -EV]
Fifth Circuit Issues Administrative Stay Blocking District Court Decision Striking Down Obamacare Preventive Care Insurance Mandates
The stay is only temporary, and could be quickly lifted. But it's still a negative sign for the plaintiffs in the case.
There Is No Party of Immigration in American Politics
Plus: A listener question concerning the key to a libertarian future—should we reshape current systems or rely upon technological exits like bitcoin and encryption?
Pacific Legal Foundation Call for Papers on Agency Adjudication
The papers are for an upcoming conference on the topic of whether federal agency adjudication of private rights should be curbed or ended. There is a $2500 honorarium for authors of selected papers.
Texas Bill Would Legalize Townhouses
The Texas Senate has passed two bills legalizing building homes on smaller lots and accessory dwelling units across the state.
Simplify the Tax Code Instead of Creating an IRS Rival to TurboTax
Americans collectively spend billions of hours each year preparing their taxes. Rather than adding a government-run website into the mix, politicians should just simplify the tax code.
You Are Not Free to Move About the Country
For better air travel in the U.S., it’s time for Congress to open the skies to international competition.
Age Restrictions on Handgun Sales Are Unconstitutional, a Federal Judge Rules
U.S. District Judge Robert Payne concluded that 18-to-20-year-olds have the same Second Amendment rights as older adults.
Supreme Court to Consider Whether Members of Congress Have Article III Standing to Sue Federal Agencies
The Supreme Court has accepted certiorari in Carnahan v. Maloney to consider whether members of Congress can sue to force disclosure of information from the General Services Administration.
Justice Kavanaugh Still Wants to Hear More Cases (Revised)
Justice Kavanaugh continues to support granting certiorari in cases his colleagues do not wish to hear.
The Eternal Recurrence of Debt Ceiling Debates
The current debate is a replay of debates we have had before (and will likely have again).
Baby Ninth Amendments Part I: Infinite Rights, Finite Ink
There are an infinite number of ways we can exercise our liberty but we can't list them all in a constitution. The solution? An "etcetera clause."
Congress Tries Again To Reform Civil Asset Forfeiture Abuses
Just about everybody agrees the practice is legalized theft, but cops and prosecutors oppose change.
Alabama Schedules First Execution After Monthslong Moratorium and 'Sham' Investigation
After an array of botched and unsuccessful executions, the state's Department of Corrections says its ready to start executing inmates again.
Did California Gov. Gavin Newsom's Luck Finally Run Out?
After getting lucky for his first few years in office, Newsom now faces his first major budgetary crisis. How he responds will show a lot about his leadership skills.
Trump Hopes His Own Delusions Will Protect Him From Criminal Charges
The former president says he did not solicit election fraud; he merely tried to correct a "rigged" election. And he says he did not illegally retain government records, because they were his property.
Lawsuit: It's Time To Start Paying Off Those Student Loans Again
The lawsuit claims that the pause has cost taxpayers "$160 billion and counting."
NYC May Force Rich People To Pay Higher Parking Fines Than the Poor
A pilot proposal to levy civil fines based on income is being considered by the City Council.
SCOTUS Chooses California Over Pork Producers and Bacon Consumers (and Issues Four Other Opinions Too)
The Supreme Court issues five merits opinions, but there are still forty more waiting.
Will Separation of Powers Doom Biden's Student Debt Plan?
Biden v. Nebraska has far-reaching implications for presidential power.
The Debt Ceiling Fight Is a Reminder of America's Dire Fiscal Future
The longer we wait to address our debt, the more painful it will be.
'Cash Is Independence': Ron DeSantis Slams the Government's Plan for Centrally-Controlled Digital Money
"If you don't trust central authority, then you should see this immediately as something that is very problematic," says the Florida governor.
It's Been 10 Years Since the IRS's Tea Party Scandal. Will Congress Finally Act?
The partisan and constitutional dangers of letting the IRS police speech are simply too great.
George Santos Arrested, Indicted on 13 Federal Counts, Pleads Not Guilty
The serial fabulist is accused of wire fraud and lying to Congress.
Jury Finds Trump Liable for Sexual Abuse and Defamation of Writer E. Jean Carroll
Plus: Biden considering using the 14th Amendment to declare debt ceiling unconstitutional, Department of Energy makes mobile homes less affordable, and more...
Biden's Industrial Policy Promises a Return to the 1970s
The hard lesson that free markets are better than state control may have to be relearned.
