The Good, the Bad, and the Ugly of Jarkesy v. SEC
Assessing an aggressive Fifth Circuit opinion declaring Securities & Exchange Commission proceedings unconstituional.
Law & Government
Make the CDC an Infectious Disease Epidemic Fighter Again
Dr. Walensky's proposed bureaucratic reshuffling is too timid.
"Leung, Like the Villainous Deacon in the Movie Night of the Hunter, Was Back!"
An "inappropriate editorial statement[]" struck from a lawsuit alleging school sexual abuse, together with many other "immaterial and impertinent" statements.
San Francisco Spent Over $20,000 on a Trash Can
“We need to have a trash can that works for the city of San Francisco,” said city project manager Lisa Zhuo.
Third Circuit Rejects Oil Company Efforts to Remove Climate Claims to Federal Court
Five Circuits have considered, and rejected, fossil fuel efforts to get state-law tort and nuisance claims removed to federal court. Will their luck change in the Supreme Court?
Religious Speech on or with Government Property
Some brief thoughts on the Kennedy v. Bremerton School District case from several weeks ago.
No Immediate Appeal of Denial of Church Autonomy Defense in Intra-Church Libel Case
A dispute about alleged forgery of letters related to the appointment of a Bishop in the Russian Orthodox Church Outside Russia leads to an important appellate procedure case in the Second Circuit.
Sunstein Challenges Originalists on Bolling v. Sharpe (Updated)
If the Supreme Court was correct in Dobbs, was it wrong in Bolling?
Ousted Progressive Prosecutor Files 1st Amendment Lawsuit Against Ron DeSantis
Former state attorney Andrew Warren says DeSantis unconstitutionally retaliated against him for his opinions, not any actions he had taken.
Volunteers in Ukraine Are Stepping Up Where the Government Is Failing
"It was learning by doing," says one ambulance driver. "Most things that happen here are done by volunteers, not government officials."
A Year After the U.S. Withdrawal, Getting Out of Afghanistan Was Still the Right Call
Biden brought an unwinnable war to an end. But the lessons learned are only as valuable as the U.S. government’s willingness to put them to good use.
Gerrymandering Is Making Elections Less Competitive
Cynical single-party gerrymandering contributes to and is driven by the hyperpartisanship that defines American politics right now.
The "Common-Good" Manifesto
A review of Adrian Vermeule's Common Good Constitutionalism
Six More States Could Legalize Recreational Marijuana This Fall
If all of the ballot initiatives succeed, pot will be legal in 25 states.
Biden Shouldn't Meet Xi Jinping in China. He Should Do It in America.
The U.S. may not realize it, but it has the upper hand. It turns out communism doesn't work.
Federal Appeals Court Upholds College Degree Requirement for Child Care Staff
Plus: how voters respond to vague criticism, U.S. lawmakers still at war with TikTok, and more...
Judicial Review of Congress Updated and Expanded
A comprehensive catalog of every case in which the Court considered a constitutional challenge to an act of Congress
Something Upon Which Americans Can Agree: The FBI and the IRS Suck
Tax collectors and federal cops have always been rotten to the core.
Advice to Entering Law Students - 2022
Some ideas that might help you make better use of the opportunities available to you in law school.
The Next Farm Bill Will Probably Stink Worse and Cost More
Asking America's agriculture industry to stand on its own two feet remains a third rail in American politics.
Congress Just Passed the Inflation Reduction Act. It Will Hike Taxes on Some Middle-class Households.
It also spends billions on new green energy programs, and it lets the IRS hire 87,000 new agents.
ICE Set Up a Fake College, Robbing and Deporting Foreign Students. Civil Rights Groups Want Answers.
Hundreds of lives were upended by the University of Farmington, a fake university that took $6 million in tuition and fees from foreign students.
The Disappearing Differences Between Republicans and Democrats on Federal Family Spending
Many conservatives no longer appear to care much for fiscal conservatism.
IRS Controversially Claims Hiring 87,000 New Agents Won't Mean Higher Audit Rate for the Middle Class
So why do Democrats keep equivocating on the point that households making under $400,000 may be targeted for more audits by an expanded IRS?
D.C. Circuit Upholds the Bump Stock Ban, Saying It Is Consistent With the 'Best Interpretation' of the Law
It is hard to see how, given the contortions required to deliver the unilateral prohibition that Donald Trump demanded.
What Law Professors Think About Legal Issues - and Why it Matters
A new study sheds interesting light on these questions.
Donald Trump Pleads the 5th After Years of Saying Only Guilty People Do That
The former president may be a hypocrite, but at least he knows his own rights.
Lawmakers Introduce Bipartisan Afghan Adjustment Act To Help Afghan Evacuees Stay in the U.S.
But thousands of Afghans who helped U.S. forces are still stuck in Afghanistan under Taliban rule.
Cato Supreme Court Review Article on the Supreme Court's January 2022 Vaccine Mandate Decisions
I am one of the relatively few people who think the Court got both cases right.
R.I.P. David McCullough, Who Saw the Bright Side of History
McCullough didn't just build on academic historians' work—he filled a gap they left.
The Inflation Reduction Act Won't Meaningfully Address the Budget Deficit
Congress has added $2.4 trillion to the long-term deficit since President Joe Biden took office. Now they want credit for reducing the deficit by $300 billion?
There's Nothing Legacy-Defining About the Inflation Reduction Act
Plus: The editors consider the state of freedom in the U.S. compared with other developed nations.
The 5th Circuit Considers Whether the Trump Administration Was Legally Authorized To Ban Bump Stocks
Regulators imposed the ban based on a highly implausible and counterintuitive reading of federal law.
The Democrats' New Inflation Bill Includes Tax Credits for Electric Vehicles That Don't Exist
Even Democrats are criticizing the bill's unrealistic expectations.
Democrats' Rejection of Permit Streamlining Resolution Doesn't Bode Well for Joe Manchin's 'Side Deal'
The West Virginia senator conditioned his support for the Inflation Reduction Act on reforming federal environmental review laws. His Senate colleagues don't seem so hot on the idea.
Senate Passes $740 Billion 'Inflation Reduction Act' That Will Probably Make Inflation Worse
Plus: Inside Trump's family separation policy, a Grammarly for government, and more...
American Revolution Images Might Reveal You as a 'Violent Extremist,' Says the FBI
Instead, the feds are telling us something very revealing about themselves.
He Was Arrested for Promoting Jury Nullification. A Federal Court Says That Was Illegal.
Michael Picard's free speech rights were violated when he was booked for telling passersby to "Google Jury Nullification."
North Carolina Green Party Scores Major Win in Ballot Access Dispute
The State Board of Elections has allowed the Green Party to register as an official political party amid a signature validity dispute plaguing its House and Senate candidates.
Texas Residents Sue After Police Allegedly Hold Them at Gunpoint and Break Man's Dialysis Port
The lawsuit says police in Rosenberg, Texas, have a history of excessive force and unlawful searches, especially against those with medical vulnerabilities.
