Law & Government
Trump's Unjust and Illegal Killing of 11 Venezuelans
Killing suspected drug traffickers is both unjust and illegal. And it could be the start of an effort to turn the already awful War on Drugs into something more like a real war, thereby making it even worse.
The New Texas Ban on Cell-Cultured Protein Is an Unconstitutional Interstate Trade Barrier, a Lawsuit Says
The ban's supporters, whose motivation is plainly protectionist, claim they are defending freedom by restricting it.
Documenting Denial: A Record of Rejection Faced by Gay Couples
Over the past two decades, scores of business owners across the nation have sought to refuse services for same-sex weddings, an SMU Law School study finds
2 Trump Cases To Watch as the Supreme Court Returns From Summer Break
Plus: A momentous date in the life of Frederick Douglass
Fifth Circuit Rules Trump's Use of Alien Enemies Act is Illegal
The 2-1 ruling is in line with most previous court decisions on Trump's invocation of the AEA. Judge Oldham wrote an extremely long, but significantly flawed, dissent.
The 5th Circuit Rejects Trump's Invocation of the Alien Enemies Act
The appeals court blocked the removal of alleged Venezuelan gang members under that law "because we find no invasion or predatory incursion."
'We're Going In'
Plus: Bombing "narco-terrorists" in the Caribbean, American manufacturing shrinks for the sixth consecutive month, Massie wants the Epstein files, and more...
The Gun-Free School Zones Act Is Doubly Dubious
The federal law relies on a risible reading of the Commerce Clause to restrict a constitutional right.
The Rationale for the Federal Circuit's 'Radical Left' Tariff Decision Is Fundamentally Conservative
Donald Trump's claim that the appeals court ruled against him for partisan or ideological reasons is hard to take seriously.
Why the Supreme Court Might Uphold Trump's Tariffs
The Administration's arguments have more doctrinal support than some might think
The Weird Law That Keeps the NFL Off (Most) Friday Nights
An antiquated law gives high school and college football first dibs on Fridays and Saturdays.
Trump Can Fire a Lot of People. What's Special About the Federal Reserve?
"The Federal Reserve is a uniquely structured, quasi-private entity," the Supreme Court wrote in a ruling this year.
The Federal Circuit's Tariff Ruling Highlights the Audacity of Trump's Power Grab
Seven judges agreed that the president's assertion of unlimited authority to tax imports is illegal and unconstitutional.
The Nearly Free Markets of Guatemala
Guatemalans don't wait for the government's permission. They build their own markets through voluntary exchange.
New Jersey Town Drops Plan to Condemn a Church to Build a Park and Pickleball Courts
The mayor abandoned the plan after it aroused strong political resistance and threats of litigation.
Raw Milk Debates Are Turning Sour in Florida
Florida officials can’t agree on whether unpasteurized milk is a health threat or benefit, leaving consumers more confused than if they were left to decide for themselves.
Federal Circuit Rules Against Trump's Massive IEEPA Tariffs in Our Case Challenging Them
In a 7-4 ruling, the en banc court upheld trial court ruling against all the challenged tariffs. The scope of the injunction against them remains to be determined.
Federal Appeals Court Says Trump's Tariffs Are Unlawful, Allows Them To Remain in Place
Trump went "beyond the authority delegated to the President," the court ruled, but it vacated an injunction that could have provided immediate tariff relief to American businesses.
Trump's $4.9 Billion 'Pocket Rescission' Violates Federal Law and Usurps Congressional Authority
Congress holds the power of the purse in our system of government, and further eroding congressional responsibility for spending decisions will not end well.
Report: 28 States Now Recognize Occupational Licenses From Elsewhere
Despite improvement, significant barriers remain to working many jobs.
The Real Threat to Fed Independence Isn't Trump. It's Congress' Debt Addiction.
The president's clear attempt to interfere in the Federal Reserve is not a one-off crisis.
The 10th Circuit Agrees That Prosecuting Cannabis Consumers for Gun Possession May Be Unconstitutional
The appeals court rejected most of the arguments in favor of that policy, saying "the government must show non-intoxicated marijuana users pose a risk of future danger."
Trump's Tariff Spin Is Putting Republicans in an Awkward Spot
Should they brag about raising taxes, like the White House is doing, or try to distance themselves from those same tax increases?
Will SCOTUS Let Trump Fire Lisa Cook From the Federal Reserve?
Or will the justices say that Trump fired her for illegal reasons?
Should We Take More Kids From Their Homes or Fewer?
When children are abused, we want government to step in. But Child Protective Services sometimes goes too far.
When It Comes to Fighting Crime With the National Guard, Trump Says, He Can Do 'Anything I Want To Do'
The president's plan to promote public safety by deploying troops in cities across the country is hard to reconcile with constitutional constraints on federal authority.
Looks Like We Found a Ham Sandwich a Grand Jury Won't Indict
A federal grand jury reportedly refused to indict Sean Dunn for hurling a hoagie at a federal law enforcement officer.
We Don't Need More Federal Intervention in U.S. Cities
The use of government force to achieve political advantage is dangerous and sets a bad precedent.
Compensation for Legal Fees Is a Critical Protection Against Civil Forfeiture Abuses
A recent federal appeals court decision underlines the importance of that safeguard.
Trump's Unconstitutional Plan to Penalize States that Allow Cashless Bail
His executive order directs the Justice Department to deny federal funds to jurisdictions that use cashless bail for suspects for many types of crimes. The plan is another assault on federalism and separation of powers.
Is This the Supreme Court's Next Big Abortion Case?
Plus: An impressive book by a Supreme Court justice.
An Appeals Court Says the $464 Million Fine in Trump's Civil Fraud Case Violated the Eighth Amendment
The decision overturns a staggering "disgorgement" order that was based on dubious math.
Most Americans Oppose Trump's Plan To Ban Mail-In Voting
Most voters support submitting ballots by mail, and also voter ID.
$500 Million To Paint the Border Wall? 5 of Trump's Strangest, Most Expensive Vanity Projects
Donald Trump is no stranger to wasteful spending. But these examples are especially egregious.
Judge Orders Alligator Alcatraz To Wind Down Operations Within 60 Days
A federal district court judge granted environmentalist groups’ request for a preliminary injunction.
Judge Newman Loses Her Effort to Undo the "Temporary" Bar on Receiving Cases
The D.C. Circuit declines to reach the merits of many of the serious underlying constitutional questions.
Egypt's Land Grab Threatens the World's Oldest Christian Monastery
St. Catherine’s Monastery has been continuously inhabited for over 1,500 years. An Egyptian court ruling ended the monastery's longstanding separation from the government.
Natural Property Rights: A VC Preview
Property rights, public law, the police power, and the eminent domain power.
Few Americans Trust the Federal Government
Perversely, distrust may encourage the government to grow bigger and more intrusive.
Who Is Lawfully Exercising the Powers of the U.S. Attorney for the District of New Jersey?
A district court ruling that Ms. Habba has been unlawfully exercising the powers of the New Jersey U.S. Attorney ducks the critical question of who can exercise those powers ... which is strong reason for doubting the ruling's reasoning.
"After a Ten-Minute Bench Trial Held in Her Absence" …
defendant "was found guilty of criminal mischief and domestic violence"—yet the prosecution "presented no evidence that [she] damaged or destroyed the property of another—an essential element of criminal mischief, which was also the predicate offense for the domestic violence charge."
Is Gay Marriage Really Under Threat at the Supreme Court?
Asking SCOTUS to hear a case is not the same thing as convincing SCOTUS to hear a case.
