A Textualist Defense of the Major Questions Doctrine
Critics claim the doctrine is obviously at odds with textualism. But that isn't the case.
Law & Government
Ohio Woman Says Cops Broke Her Wrist for Recording During Traffic Stop
"The Officers' actions were unreasonable, deliberately indifferent, reckless, willful, wanton, and shocking to the conscience," a new legal complaint states.
DeSantis' Disney Drama Turns Culture War Into Political Gains
In the old days, conservatives would have viewed unelected officials being appointed to oversee corporate decisions as a worrying intrusion of state power into private affairs. DeSantis has figured out how to get them to cheer for it.
The Jones Act Is Driving Up Prices and Making Crises Worse
The legislation, which forbids shipping anything between American ports in ships that are not U.S. built and crewed, is just another a special deal that one industry has scammed out of Congress.
Is Investigating a School Sexting Incident the Same as Possessing Child Porn? A Judge Says No.
Bradley Bass' case in Colorado says a lot about just how powerful prosecutors are.
An Unusual Supreme Court Split in Bittner v. United States
The Bank Secrecy Act divides the justices in an unusual way, and Justice Barrett authors her fourth opinion in an argued case.
Justice Jackson's First Opinion in an Argued Case
To the junior-most justice goes a case arising out of the Supreme Court's original jurisdiction concerning the Abandoned Money Orders and Traveler's Checks Act.
Alabama Set To Resume Executions. But Will They Stop Botching Them?
"No one buys this sham of a review," wrote one critic. "And the reason we don't buy it is because we all have functioning brains."
The End of a Weed Paradise
D.C. is destroying its thriving cannabis industry with bureaucracy and red tape.
Today at the Supreme Court: Biden's Student Loan Cancellation Plan on Trial
The Supreme Court considers the scope of presidential power in Biden v. Nebraska and Department of Education v. Brown.
Bringing the Child Tax Credit Back to Life Is Too Costly
Congress’ Joint Committee on Taxation reported that a permanent expansion would cost more than $1.4 trillion over a decade.
Can the Vice President Invoke the Speech or Debate Clause Privilege at All? [Updated]
Professor Michael McConnell writes to suggest that even if Vice President Pence was performing legislative functions on January 6, the Constitution's text does not extend the privilege to him.
Copyright Is the Latest Battle in the War Over A.I.
The U.S. Copyright Office determined that images produced by artificial intelligence cannot be copyrighted, even though they are generated by user-written prompts.
Virginia Next for Occupational Licensing Reform
The state will fast-track applicants who have out-of-state credentials or experience.
A Statute of Limitations Cautionary Tale, Here with Regard to Changing COVID-Related Tolling Rules
Take the No-Procrastination Pledge.
When the Government Makes Poverty Worse
A Pennsylvania survey suggests that taxes are often a major barrier to economic security, ranking ahead of credit card debt and student loans.
Showdown Over Student Loan Forgiveness Hits Supreme Court Tomorrow
Plus: Texas prosecutors can't criminally charge people who help others access out-of-state abortions, food trucks fight rules banning them in 96 percent of North Carolina city, and more...
Probing the Limits of Speech or Debate Clause Privilege for Perry and Pence
The January 6 invistigations have renewed interest in this somewhat obscure constitutional provision and the scope of its protections.
State Lawmakers Help Farmers by Improving Consumer Access to Raw Milk
The raw milk restoration is underway.
Any of These Supreme Courts Cases Could Crush the Internet
The Court’s decisions in Gonzalez and subsequent cases could lead to impossible, incompatible consequences.
Ron DeSantis Wants To Cultivate 'Viewpoint Diversity' by Censoring Universities
Florida's H.B. 999 claims to support "viewpoint diversity" and "intellectual rigor." It does just the opposite.
Tennessee's Anti-Drag Bill Is a Gaudy Public Performance
It’s already illegal to expose minors to obscenity, so what is this bill really for?
More Immigration Leads to Better Nursing Home Care, Says New Paper
Immigrants have a proven ability to address a mounting need for the aging American population. Politicians crafting immigration policy ignore this at their own peril.
Having Jury Deliberate During Start of COVID Pandemic Didn't Deprive Murder Defendant of Fair Trial
The mentally ill defendant "testified and described how shooting white people was part of his divine, preordained mission to establish 'a kingdom of infinite peace and progress.'”
The Deck Is Stacked Against Americans Who Try To Sue Government Officials
It's a threat to our fundamental rights, but courts refuse to change their approach.
Arizona House Passes a Bill That Would Force Children To Say the Pledge of Allegiance
"The current law is that parents have a right to direct the education of their child,'' said the bill's sponsor. "And this is a parents' rights state.''
Paul Krugman Says Social Security Is Sustainable. It's Really Not.
Krugman sees benefit cuts as "a choice" but believes that implementing a massive tax increase on American employers and workers would be "of course" no big deal.
Biden Renominates Gigi Sohn, Net Neutrality Advocate, to the FCC
Net neutrality is an unnecessary and failed policy.
The Answer to Population Decline Is More Immigration
Politicians' go-to fixes like child tax credits and federal paid leave are known for creating disincentives to work without much impact on fertility.
Bad New Idea From Florida: Ban Dogs From Sticking Their Heads Out of Car Windows
It’s ruff going for the state’s canines.
Ron DeSantis Wants To Rewrite Defamation Law
"The bill is an aggressive and blatantly unconstitutional attempt to rewrite defamation law in a manner that protects the powerful from criticism by journalists and the public," said one attorney.
The Real Political Scandal Is That Too Many Documents Are Classified
Many Democrats and Republicans were outraged when Trump and Biden respectively were found with classified documents. But both sides are missing the point.
Has Justice Barrett Replaced Justice Ginsburg as the Court's Quickest Opinion Writer?
Justice Barrett has produced two majority opinions before most of her colleagues have produced one.
Another Dissent from Denial of Certiorari from Justice Jackson
For the second time, Justice Jackson dissents from the Supreme Court's refusal to hear a case.
Colorado Is the Latest State To Consider Rent Control
Plus: The U.S. Supreme Court considers another internet free speech case, the Department of Transportation pushes expensive new rail regs, and more...
Biden Promised a Return to 'Rule of Law' Governance. His Record Says Differently.
Like his predecessors, the current president ignores the law when it suits him.
Can a Federal Court Vacate a Regulation Without First Concluding It Was Unlawful?
A Ninth Circuit opinion concludes that when a federal agency seeks a voluntary remand of a contested rule, that is not enough to vacate the regulation.
Is Ketanji Brown Jackson a Greater Threat to Big Tech Than Clarence Thomas?
The Supreme Court’s newest member weighs in on the meaning of Section 230 in Gonzalez v. Google.
My Article on Defining the Term "Victim" in Crime Victims' Rights Enactments
The article explains how the federal Crime Victims' Rights Act and other crime victim protections contain a broad definition of the term "victim."
Free Immigration Is a Core American Value
Just consider the policies that the Founding Fathers embraced.
Presidents' Day Is a Good Reminder To Treat the Presidency With Skepticism
While the office was created with "modest authority and limited responsibilities," the modern president has increasingly unchecked power and authority.
Want Less Corruption? Try Having Smaller Government.
People can never be made incorruptible. We can, however, design governmental systems filled with checks and balances that limit the temptations.
Google Supreme Court Case Tests Whether Tech Firms Are Liable for User Content
Section 230 helped the internet flourish. Now its scope is under scrutiny.
L.A. Plans To Scrap Its Genuinely Good Outdoor Dining Program and Replace It With Rules, Fees, and Paperwork
The L.A. City Council saw a good thing happening and decided government wasn't involved enough.
