Law & Government
The Endangered Species Act at 50: Still Not Recovering Species After All These Years
Claims of the Act's success at recovering imperiled species are vastly overstated, especially on private land.
Can the Government Be More Effective?
William D. Eggers discusses what he's learned about making the government less intrusive.
How FDR Emasculated the Black Press in World War II
Instead of indulging in politically risky sedition prosecutions of the black press, the government relied on indirect methods of behind-the-scenes manipulation and intimidation.
Nebraska Court Upholds Order That Father Not Take Son to Sweat Lodge
The court is silent on whether it would be OK to take him to Houston in July.
Here's Why Charity Is Better at Solving Problems Than Government
Big government has been ruinous for millions of people. Charities aren't perfect, but they are much more efficient and effective.
Fifth Circuit Rejects Younger Abstention Claim by Prosecutor Seeking to Prosecute Netflix for Airing "Cuties"
A rare federal court decision denying Younger abstention.
William Barr Responds on American Petroleum Institute v. Minnesota
The former Attorney General disagrees with me on whether state and local government climate change lawsuits belong in federal court.
Why Section 3 Disqualification Doesn't Require a Prior Criminal Conviction on Charges of Insurrection [Updated]
The reason is a combination of the general structure of our legal system and the original meaning of Section 3.
The D.C. Circuit Mulls Trump's Alarmingly Broad Claim of Presidential Immunity From Prosecution
His lawyers say no jury can ever consider charges based on his "official acts" as president, which include his efforts to reverse Joe Biden's election.
Biden Expands Pardons for Marijuana Possession
It's a commendable, but very modest, expansion of a step he took last year.
Biden Expands Pardons for Low-Level Federal Marijuana Offenders
The pardons freed no prisoners, but the White House says they will ease the burden of a criminal record.
ICE Leaked These Asylum Seekers' Personal Information. A Court Just Dismissed Their Lawsuit.
“The victims may not have been persecuted or tortured due to the data breach yet, but the likelihood of those outcomes has increased due to ICE’s conduct.”
Why a Huge Budget Deficit Might Be Good News for California
California is facing a projected deficit of $68 billion, a larger amount than the entire annual budget of the state of Florida.
Efforts to Show that Exempting the President from the Scope of Section 3 of the 14th Amendment isn't Absurd Underscore that it Actually is
Harvard law Prof. Larry Lessig's attempt to prove otherwise misfires.
The Flimsy RICO Case Against Atlanta's Cop City Protestors
Law enforcement officials appear to have tarred ad hoc bands of protesters as members of an organized criminal movement.
All I Want for Christmas Is for Congress To Exercise Fiscal Restraint
Lawmakers can take small steps that are uncontroversial and bipartisan to jumpstart the fiscal stability process.
10-Year-Old Kid Offered Probation for Peeing Behind His Mom's Car
His mom is rejecting the prosecutors' absurdly strict probation rules.
G.M. To Lay Off 1,300 Michigan Workers Despite $824 Million in State Incentives
The bulk of the employees may be able to find work elsewhere within the company, but the state could still be on the hook for the promised cash.
This Innocent Woman Is on the Hook for Thousands After a SWAT Team Destroyed Her Home
An error-prone investigation in search of a fugitive led police to Amy Hadley's house.
Removing Trump From the Colorado Ballot Won't Make Things Better
You're not going to save democracy by kicking people out of elections.
My Contribution to Brennan Center Symposium on the Most Significant State Constitutional Cases of 2023
I focus on the Washington Supreme Court's flawed decision holding an eviction moratorium is not a taking of private property.
Texas' New Immigration Law Will Lead to More Policing With Less Accountability
S.B. 4 will let officers arrest people well beyond the border. It also “provides civil immunity and indemnification” for state officials who get sued for enforcing it.
D.C. Circuit Rejects Oil Company Attempt to Remove District's Climate Suit to Federal Court
Yet another federal circuit court of appeals rejects energy company removal claims.
What J.D. Vance Could Learn From Reading Hillbilly Elegy
The senator used to know why the U.S. Steel/Nippon deal is nothing to fear.
5th Circuit Reluctantly Rules Against Victim of a Prosecutor Who Was Also a Law Clerk
Ralph Petty's "conflicted dual-hat arrangement" as an advocate and an adjudicator was "utterly bonkers," Judge Don Willett notes.
Welcome to the Hyperbole Factory
Plus: A listener asks the editors to consider the libertarian argument against shopping local.
Georgia Taxpayers Lose $160,000 for Every Job Created by Film Tax Credits
The program generates just 19 cents for every dollar spent.
Infographic: Florida's Special Districts
It's not just Reedy Creek and The Villages. Florida has nearly 2,000 special districts.
DeSantis vs. Disney: Florida's Fight Over Private Governance
Gov. Ron DeSantis’ crusade to end America's greatest success in private governance.
The Next Kids Climate Case: Genesis B. v. EPA
Another climate change lawsuit filed on behalf of children, this time against the Environmental Protection Agency.
This NRA Supreme Court Case Has Big Implications for Porn
The ACLU will represent the gun rights group in a case with widespread relevance for free speech.
Colorado Cops Falsely Arrested Him for a DUI. Now He's Getting a $400,000 Settlement.
In 2020, Harris Elias was arrested for driving drunk even though tests showed he was completely sober. After filing a lawsuit, he's getting a hefty settlement payout.
Restricting Asylum Will Cause More Border Chaos
Joe Biden and Congress are considering a plan that will create a crueler, deadlier situation on the U.S.-Mexico border.
Baseball Star Shohei Ohtani's New Contract Is a Massive Tax Avoidance Scheme. Nice!
He could save $98 million by dodging California's state income taxes with his unusual, eye-popping contract.
Over 100,000 Abused Immigrant Kids Are Stuck in Green Card Limbo
They face yearslong wait times, keeping them at risk of deportation.
Congress Renews Warrantless Digital Spying Program as Part of $886 Billion Spending Bill
Section 702 will continue until April, when Congress will have another shot at seriously reforming a program that desperately needs it.
Thomas Massie: Why Not Vote 'No'?
Congressman Thomas Massie discusses his "no" votes on foreign aid, COVID-19 relief, and labeling anti-Zionism antisemitism on episode two of Just Asking Questions.
Infographic: Florida's Public School Book Bans
The Bluest Eyes and 13 Reasons Why top the list of controversial books in Florida.
Seemingly Hallucinated Cases, in Michael Cohen Post-Conviction Motion
It's the twelfth case I've seen this year in which something like this apparently happened.
BREAKING: Supreme Court to Consider Fifth Circuit's Abortion Pill Decision
The Court granted two petitions for certiorari seeking review of a controversial lower court decision limiting federal approval of mifepristone.
OK for Law School to Consider Whether "Students Possess the Mental and Emotional Stability to Join the Bar"
"[T]he wide-ranging conspiracy Doe posits, one that tormented an ordinary law student for months on end using actors, poison, and a weapon that can send electricity wirelessly through brick walls, is too far beyond the pale of human experience to credit without supporting evidence, of which Doe has provided none."
The GOP's Bogus Linkage Between Aiding Ukraine and "Border Security"
The analogy between Russia's invasion of Ukraine and illegal migration to the US is nonsensical. And many of the GOP's demands are intended to make legal migration more difficult, a policy likely to actually increase the illegal kind.
The Best of Reason: Monkey Herpes, Face Eating, and the Pork Chop Gang: The Origins of Florida Man
The growing anti-transparency atmosphere in the state might make the Florida Man extinct.
