Biden Attempts To Ratify the Equal Rights Amendment by Blog Post
Biden announced today that the Equal Rights Amendment is the "law of the land," but the Justice Department and the national archivist disagree.
Law & Government
These Lawmakers Actively Use TikTok Even After Voting To Ban It
With just hours to go before it is set to shut down, many senators and representatives are still posting on the app they claim is too dangerous for the rest of us to use.
SCOTUS Rules in Favor of TikTok Ban as Some Supporters Realize It's a Bad Idea
"I cannot profess the kind of certainty I would like to have about the arguments and record before us," writes Justice Gorsuch.
President Biden, the ERA, and Constitutional Vandalism
A deeply mistaken decision on the way out of office.
Regulation, Prohibition, and Litigation: Joe Biden's Busy Lame-Duck Period
Why should an unpopular president shape so much policy on his way out?
As Fires Burn, Private Firms and Personal Effort Step In Where California Officials Fail
Californians are turning to private firefighting and security, but officialdom gets in the way.
DEA Ends Airport Gate Searches After Years of Documented Abuses of Civil Asset Forfeiture
The Justice Department temporarily suspended the program in November because of "significant risks" of constitutional violations.
Does the SEC Have the Authority To Regulate Digital Art?
In a federal lawsuit, artists say their nonfungible tokens should be treated like physical art.
So…Is TikTok Really Getting Banned?
The Supreme Court appears poised to uphold a ban on the app, but many creators aren't so sure.
Can the Private Sector Really Replace All Government Functions?
I can't stand big government, but I think we need something. Michael Malice says I'm wrong.
If California Can Suspend Permitting Rules After Wildfires, It Can Abolish Them
It shouldn't take a disaster for the state to consider fixing the rules that make it so expensive to building housing there.
Legal Education Has Lost Its Way
Millions of Americans are denied legal representation, and law schools are churning out lawyers who can’t meet society’s needs. It’s time for a two-track system.
Americans Continue Migrating From High-Tax to Low-Tax States
Increasing mobility and remote work make taxes an important consideration in where to live.
The L.A. Fires Are a Natural Disaster, Not a Policy Disaster
The Golden State has many bad policies in desperate need of reform. It's not obvious they had more than a marginal effect on the still-burning fires in Los Angeles.
Hegseth Faces the Senate
Plus: L.A.'s price gouging crackdown, more Rachel Maddow in your life, and more...
Election Reforms Blocked by Elections
Ranked choice voting and nonpartisan primaries suffered a bad election cycle in 2024.
Nevada Judge to Nevada Cops: You Can't Use This Loophole To Get Around Civil Asset Forfeiture Reform
The Nevada Highway Patrol exceeded its legal authority when it seized nearly $90,000 in cash from Stephen Lara in 2023 and then handed the case to the DEA.
Looting Is Bad. So Are Curfews.
The California National Guard should be helping to put out fires, not helping to restrict people's freedom of movement.
Supreme Court Denies Certiorari in Climate Tort Suits
The justices are not persuaded to intervene in state-law climate litigation.
Supreme Court Denies Certiorari for Braidwood Nondelegation Claim
The Court will only consider one of the issues in Braidwood Management v. Becerra
What's Wrong With a Private Firefighter?
Plus: Zuckerberg's metamorphosis, Trump's congestion pricing plans, and more...
California's Fire Catastrophe Is Largely a Result of Bad Government Policies
This year’s deadly wildfires were predicted and unnecessary.
Despite 2024 Setbacks, Drug Policy Is Still on a Long-Term Trend Toward Reform
Recent election results show the drug war’s punitive mentality still appeals to many Americans, even in blue states.
Another Study on Flavored Vaping Products the FDA Can Ignore
Evidence continues to accumulate that non-tobacco-flavored vaping products can help reduce or discourage smoking.
Athletes Find New Way To Avoid Taxes
Restructured contracts may help franchises who have a certain competitive disadvantage.
'The Constitution Is Not a Suicide Pact'
How a 1949 Supreme Court dissent gave birth to a meme that subverts free speech and civil liberties
Supreme Court Grants Certiorari in Becerra v. Braidwood Management
Another significant administrative law grant of certiorari (and a dog that didn't bark).
Trump's Latest Defeat Is One of Many Decisions That Suggest SCOTUS Won't Rubber-Stamp His Agenda
Despite some notable wins, the president-elect's overall track record shows he cannot count on a conservative Supreme Court to side with him.
Fires Incinerated the Facade of California Governing Competence
Virtue-signaling is no substitute for disaster preparedness.
Georgia Man Sues Glynn County Police After He Was Arrested for Refusing To Give ID
A police incident report admitted "we had no probable cause" to arrest the man on loitering and prowling charges after he wouldn't give his name to officers.
We Could Use a Man Like Grover Cleveland Again
The last president to serve two non-consecutive terms stood against imperialism. Donald Trump could learn from his example.
Review: The Radicals Who Tried To Kill Gerald Ford
The Rip Current podcast is a good reminder that political division and even violence are not new in America.
Meet Pierre Poilievre, the Front-Runner To Be Canada's Next Prime Minister
He says he wants to "stop growing the money supply and start growing the stuff money buys."
Alvin Bragg's Misbegotten 'Election Interference' Case Against Trump Ends With a Whimper
Aside from a felony record that may yet be erased on appeal, the president-elect will face no punishment for trying to conceal his hush payment to Stormy Daniels.
Will 2025 Be the Year of U.S. Fiscal Sanity?
With inflation risks persisting and entitlement spending surging, the situation cannot be ignored. But we never should have gotten to this point to begin with.
The Laken Riley Act is Unjust - and a Trojan Horse
The act doesn't target violent criminals and sex offenders, and is likely to harm innocent people and divert resources from genuine anti-crime efforts. It also makes it easier for state governments to try to impede legal immigration.
FERC Not Required to "Second Guess" State Energy Choices Under NEPA
The D.C. Circuit adopts a suitably constrained view of FERC's legal obligations when conducting environmental impact assessments.
Texas Cop Chases Prostitution Suspect, Causes Car Accident, Gets Immunity
Houston police "initiated a high-speed chase to pursue a suspect evading arrest for paying $40 to solicit sexual activity from another adult," notes a Texas Supreme Court judge.
Challenge to California Policy Limiting Teachers' Disclosure to Parents of Student's Changed Gender Identity …
can proceed (under the First Amendment and under parental constitutional rights law), the court says, though there's no actual decision on whether the plaintiffs (parents and teachers) will prevail.
Why Did the D.C. Circuit Make It More Difficult to Find Opinions? -- Redux [UPDATED]
A good example of why the D.C. Circuit's website upgrade was actually a step backwards.
Why Building a Lot of 'Affordable' Housing Is Bad News for Affordability
Cities become affordable when lots of new housing is built, not when a larger percentage of a small amount of new housing is made "affordable" by regulation.
California Schools Stay Open Despite Plummeting Enrollment
Ballooning costs and shrinking student populations have left districts facing financial crises, but political pressures have kept closures off the table.
Lawsuit Challenges Vermont Climate Program
Is the Climate Superfund Act unconstitutional?
Kamala Harris' Long Day
Plus: Evading congestion pricing, expelling Hondurans (and the U.S. military), and more...
