Two Cheers for Chief Justice Roberts on the Unitary Executive
Trump v. Slaughter is a big win; Trump v. Cook is embarrassing given the posture of the case as explained in the dissents.
Law & Government
SCOTUS Saves Birthright Citizenship
Robby Soave and Amber Duke discuss the Supreme Court’s rulings on birthright citizenship and transgender athletes.
Here Are Some Ways SCOTUS Can Constrain Federal Agencies That Are Now Subject to Trump's Untrammeled Control
The Supreme Court has "no shortage of tools" to enforce the separation of powers, Justice Neil Gorsuch notes. "The only real question is whether we will use them."
Supreme Court Affirms Original Meaning of Birthright Citizenship, Strikes Down Trump's Executive Order
Understanding Trump v. Barbara.
Gorsuch Warns About Executive Overreach While Expanding Trump's Power
The Supreme Court extended presidential control over federal agencies. What could go wrong?
Can Trump v. Slaughter be Used to Challenge the Continued Legality of Executive Agencies Congress Intended to be Independent?
If the laws requiring such agencies to be independent are unconstitutional, it may be that very existence of those agencies is also now illegal.
Can the Supreme Court Slaughter Slaughter Without Cooking Cook?
Tensions between today's two major presidential removal power decisions.
Can the President Fire Anyone He Wants? Yes, Unless the Target Is Part of the Federal Reserve.
In a pair of decisions on Monday, the Supreme Court ruled that presidents have full authority to fire heads of executive branch agencies—but that the Fed is different.
Marjorie Taylor Greene: 'You're Not Being Represented!'
Marjorie Taylor Greene discusses the future of the Republican Party, the resurgence of democratic socialism, and why the political establishment always wins
Supreme Court Ends Agency "Independence," Save for the Federal Reserve
As expected, the Supreme Court overturns Humphrey's Executor, but reaffirms the independence of the Federal Reserve.
Local Officials Vow To Shield the Public from Virginia's Authoritarian New Gun Laws
A new chapter in the never-ending battle between centralized power and local control.
The Senate's Failure To Rein in Trump on Iran Is Part of a Long History of Congress Abdicating Its War Powers
War making in "the power of a single man" is not what the Founders intended.
New Jersey Supreme Court Requires Transparency for Facial Recognition Evidence
Prosecutors in New Jersey must disclose how the technology is used in criminal cases, the state’s Supreme Court ruled.
The Supreme Court's Badly Flawed Ruling in the Haiti TPS Case
Extensive evidence indicates that the decision to end Temporary Protected Status for Haitian migrants was motivated by unconstitutional racial and ethnic discrimination. The Court's ruling on statutory issues also has flaws.
Lawsuit Argues Hawaii's Harsh New Hemp Regulations Will Stifle Competition
A dispensary owner believes Hawaii’s hemp regulations are unconstitutional. He’s suing to stop their enforcement, but the law may not be on his side.
Supreme Court Lets Trump End Temporary Protected Status for Haitian and Syrian Nationals Residing in U.S.
Understanding the 6–3 decision in Mullin v. Doe.
Mamdani's Socialists Conquer New York City
Robby Soave and Jason Russell break down the socialist sweep in NYC, the latest in House of the Dragon, and the World Cup.
Why Did Congress Vote To End the Iran War After It Finished?
Democrats and Republicans alike dragged out the process to vote on the Iran war. Antiwar advocates say their vote still matters.
Darializa Avila Chevalier Will Be This Congress' First Campus Radical
A democratic socialist who favors the eradication of Western civilization just won her primary.
Elizabeth Warren Wants To Raise Taxes and Give All the Money to Senior Citizens
Her plan to fix Social Security's fiscal flaws would ask workers to cover the full cost. Some Republicans are supporting it too.
The Age of Stupid—and Self-Serving—AI Regulation Is Here!
Anthropic and OpenAI may not like current federal controls on their products, but it will be consumers who end up getting screwed.
D.C. Circuit Rejects Challenge to Trump Administration Expedited Removal Policy (Is an En Banc Petition to Follow?)
Is the D.C. Circuit willing to allow "conservative" panel decisions on hot-button issues to stand? And is en banc review more than a way to ensure further review at One First Street?
Rep. Ro Khanna Melts Down After Elon Musk Threatens To Sue
Robby Soave and Amber Duke discuss the recent online feud between Rep. Ro Khanna and Elon Musk.
Supreme Court Limits the Ability To Sue Prison Guards for Religious Liberty Violations
Understanding the stakes of Landor v. Louisiana Department of Corrections.
Buying Beer Is Both Legal and Illegal on Sunday Nights in Minnesota
An unplanned encounter with a silly, arbitrary (and improving) liquor law
On Marijuana and Guns, Clarence Thomas Still Wants To Limit Federal Power
The conservative justice continues to wage a lonely legal crusade over the Commerce Clause.
Can You Un-Impeach a President?
Democrats may revive impeachment if they take Congress in November. Trump and his allies, meanwhile, want his two impeachments erased.
Federal Court Strikes Down Immigration-Related Subpoenas of Minnesota Officials on Anti-Commandeering Grounds
The court ruled the subpoenas were part of an unconstitutional effort to coerce Minnesota state and local governments into giving up their immigration "sanctuary" policies.
Secret Emails Reveal Sketchy Tactics in California Public Health's Tobacco Ban 'Endgame'
Here are the sketchy tactics California’s public health agency is using to convince towns and cities to ban tobacco sales.
Did California's Gubernatorial Race Reveal the Limits of 'Abundance' Politics on the Left?
Matt Mahon tried to chart a reform-minded path, but too often he came across as a mushy moderate in an election that will be determined by partisans.
Trump Has Used Taxpayer Money To Purchase Stakes in Dozens of Companies. Congress Is About to Make It Easier.
Lawmakers should be blocking Trump's corporate socialism, not making it a permanent fixture.
SCOTUS Says Federal Prosecution of Marijuana-Using Gun Owner Violates the Second Amendment
A landmark win for the right to keep and bear arms in United States v. Hemani.
The Most Interesting Supreme Court Opinion Line-Up You Will See This Year
Leave it to the Rooker-Feldman doctrine to divide the justices in an unusual way.
The Founders Revered the Right to Trial by Jury. Will SCOTUS Now Follow Their Example?
Understanding the stakes in Kian v. Florida
Adam Schiff Wants Federal Tax Credits for Movie and TV Production
Studies repeatedly show the credits aren't worth the cost.
How the FDA Created a Peptide Black Market
Because the agency has banned most peptides, products from overseas labs dominate the market. How does that protect Americans?
A New Bipartisan Bill Promises Innovation and Choice. It Will Deliver Neither.
The recently reintroduced American Innovation and Choice Online Act is a departure from America’s current antitrust regime, not an improvement.
Bipartisan JAWBONE Act Targets Government Censorship Threats
Government agencies would have to report communications and could be sued for bullying.
The Trump Administration Seriously Considered Unilaterally Suspending the Writ of Habeas Corpus
The proposal was nixed only after White House Staff Secretary Will Scharf explained why it was legally dubious.
Even an AI-Sparked Economic Miracle Will Not Save the Federal Budget
Congress cannot sit by and hope for AI to fix the deficit.
Trump, Scalia, and the Unitary Executive
How a four-decade-old dissent may now help the president fire independent federal agency heads at will
Congress Should Be in No Rush To Renew FISA's Section 702 Surveillance Powers
It’s long past time to open federal surveillance powers to scrutiny and reform.
An Unconstitutional War Results in a Bad Deal
Trump's failure to secure constitutionally required congressional authorization for his war with Iran helped ensure the US lacked the staying power necessary to prevail.
The Courts Should Rein in Trump's Proposed Section 301 Tariffs as Well
A guest post by Georgetown legal scholar Peter E. Harrell.
Graham Platner Signals a Problem for Democrats, and the Rest of Us
Platner is too typical of a wave of radical and unprepared Democrats who seem poised to take power.
