Law & Government
SCOTUS Is Now Poised To Overrule Humphrey's Executor, a 1935 Precedent Limiting Presidential Power
The Supreme Court will soon review the president’s authority to fire “independent” agency heads.
Federal Court Rules Trump Can't Deny Federal Disaster Relief Funds to Sanctuary States
Another in a long line of court decisions striking down Trump efforts to attach conditions to federal grants that were not approved by Congress.
Kamala Harris Slams Trump for Pardoning 'the Fentanyl Dealer Ross Ulbricht'
In her new book, 107 Days, the former vice president reminds us that she is ever the prosecutor.
The Forced Sale of TikTok Is Crony Capitalist at the Core
Forcing the sale of a social media company for political reasons was always going to be a power grab for the White House—whether its occupant was Democratic or Republican.
How a Fight Over Voter Data Could Reshape American Elections
Lawsuits against Oregon and Maine test how far the federal government can go in demanding access to voter information.
Brendan Carr Says Networks Must Serve the 'Public Interest.' What Does That Mean?
Congress placed the term in the law but chose not to define it, leaving that task for future regulators.
Trump's Latest Tariff Defense Asserts Uncheckable Executive Power
The president’s attempt to evade the major questions doctrine deserves to be rejected.
Michigan Anti-Porn Bill Would Criminalize ASMR, Written Erotica, and Even Nonsexual Depictions of Trans People
Under the law, transgender people writing about their gender identity online could face 20 years in prison and a $100,000 fine.
Trump's Harmful and Illegal Plan to Gut H-1B Visas by Imposing $100,000 Fees
The plan violates the relevant visa law. If allowed to stand, it would significantly harm productivity and innovation.
Alcohol Escapes a Government Crackdown—for Now
A quiet push to declare “no safe level” of drinking has officially fizzled.
Judge to Mangione Prosecutors: Not All Political Murder Is Legally 'Terrorism'
The latest ruling reminds us that terrorism statutes are mostly redundant.
The Trump Administration Misses Key Deadlines for Imposing Restrictions on Gain-of-Function Research
Biosafety advocates worry the administration is backtracking on its promise to implement meaningful restrictions on the type of research that likely caused the COVID-19 pandemic.
Trump's 'Firing' of Lisa Cook Is Headed for SCOTUS
Plus: Pam Bondi flunks free speech 101.
House Republicans Just Voted To Give Even More Tariff Power Away to Trump
House Republicans passed a resolution that prevents Congress from ending the national emergency Trump is using to impose tariffs until March 31.
Trump's $15 Billion Lawsuit Against The New York Times Is His Craziest One Yet
The complaint suggests the Times showed "actual malice" because its reporters hated him. That's not how that works.
Trump Has a Habit of Asserting Broad, Unreviewable Authority
Whether he is waging the drug war, imposing tariffs, deporting alleged gang members, or fighting crime, the president thinks he can do "anything I want to do."
Another Military Strike on a Speedboat Confirms Trump's Policy of Murdering Suspected Drug Smugglers
The president's new approach to drug law enforcement represents a stark departure from military norms and criminal justice principles.
91-Year-Old Pennsylvania Woman With Dementia Loses $247,000 Home Over a $14,000 Tax Debt
Gloria Gaynor had almost finished paying off her house in Upper Darby, Pennsylvania. But she will not see a dime in equity.
Amy Coney Barrett's Case for Originalism Falls Short
The Supreme Court justice’s new book fails to practice the historical fidelity it preaches.
California's Tech Regulations Could Strangle AI Innovation for the Whole Country
Federalism works best when state-level policy experiments stay contained.
Department of Veterans Affairs
In 16 Years, the V.A. Turned This $450 Million Hospital Project Into a $1.6 Billion Boondoggle
What began as a simple hospital project has become yet another example of bureaucratic failure at the Department of Veterans Affairs
What Should We Call the "Shadow Docket"?
Should it be the interim docket? The emergency docket? The emergency orders docket? The short order docket? Something else?
Why Trying to Undo the Endangerment Finding Is A High-Risk (and Low-Reward) Deregulatory Strategy
EPA Administrator Lee Zeldin says the Endangerment Finding is the "holy grail" of climate policy. Perhaps it's really they great white whale.
Looking for Partisan Patterns in the Shadow Docket
The New York Times examines the "sharp partisan divides" on the Supreme Court's interim docket.
Florida Applies for Federal Reimbursement for 'Alligator Alcatraz' Costs Despite Court Warning
Florida Gov. Ron DeSantis promised that the federal government would reimburse the state for the costs of "Alligator Alcatraz," but doing so would make the detention facility subject to environmental reviews Florida ignored.
Lawmakers Want To Shield Kids From AI Chatbots. But Restricting Them Could Cut Off a Mental Health Lifeline.
Crackdowns on AI chatbots over perceived risks to children's safety could ultimately put more children at risk.
Immigration Agents Held a U.S. Citizen—and Veteran—for 3 Days Without Checking His ID
George Retes was denied access to an attorney, wasn’t allowed to make a phone call, was not presented to a judge, and was put in an isolation cell before being released with no charges.
Hospital Fired Employee for On-the-Job Sex: She Claimed It Was Rape but Other Person Said It Was BDSM
The employee sued, claiming the firing was retaliation; the jury found for the hospital, and the Sixth Circuit upheld the verdict (among other things upholding the admission of evidence of the employee's interest in BDSM).
California Public Charter Schools' Independent Study Programs Can Insist on Secular Curricular Materials
"The Supreme Court has recently confirmed that the Free Exercise Clause does not prohibit a state from providing 'a strictly secular education in its public schools'"—and, the court held, that extends to California charter schools and their parental "home-based direct instruction approved by the school and coordinated, evaluated, and supervised by state-certified teachers."
GOP Rep Proposes Canceling People Over Mean Posts About Charlie Kirk
Louisiana Rep. Clay Higgins, who once opposed government jawboning, now says people should be banned from both social media and public life over their posts.
"Are You a Jew? … Are You a Zionist?"
Federal judge allows "pattern or practice" claim of discrimination against Jews by coffee shop to go forward.
Trump Calls His Drone Strike on an Alleged Drug Boat 'Self-Defense.' It Looks More Like Murder.
Equating drug trafficking with armed aggression, the president asserts the authority to kill anyone he perceives as a threat to "our most vital national interests."
Kavanaugh Flouts the Fourth Amendment and Blesses Trump's Racial Profiling
The justice’s stance on immigration enforcement is undermined by the facts of the case before him.
The Feds Own Half the Western U.S.—and Can't Take Care of It
Selling just a fraction of the land would reduce our enormous debt.
States and Landowners Are Key to Recovering Rare Species. Stop Penalizing Them.
Federal rules under the Endangered Species Act often treat landowners as adversaries. Recent court victories suggest a better way forward.
Once a Critic of Executive Orders, Trump Embraces Unilateral Action
With Congress essentially AWOL, the courts offer the only real check on presidential power.
Excluding Religious School That "Forfeited a Girls' Playoff Basketball Game to Avoid Playing a Team with a Transgender Athlete" Violated Free Exercise Clause
So the Second Circuit held today, concluding that the facts surrounding this particular exclusion showed hostility to religion, and not just the neutral application of generally applicable rules.
Judge Dismisses RICO Charges Against All 'Cop City' Defendants
Two years after the state attorney general charged dozens of protesters with racketeering, a judge found the case unconvincing.
Trump's 'Department of War' Rebrand Might Be His Most Honest Move Yet
A billion-dollar rebrand won’t change the fact that defense hasn’t meant defense in decades.
Prison Guards Forcibly Cut a Rastafarian Inmate's Dreadlocks. SCOTUS Will Decide If They Can Be Sued Over It.
The Supreme Court will hear Landor v. Louisiana Department of Corrections and Public Safety this fall.
