Did Joe Manchin Just Sink Biden's 'Build Back Better' Plan Again?
Plus: Why government responses to risk can create more harm than good, why Denver will no longer block illegal immigrants from starting businesses, and more...
Law & Government
A Global Tax Cartel Is Floundering. Good.
Just as you don't attract bees with vinegar, you don't attract corporations by promising to tax them heavily.
Utah Wants To Help Afghan Refugees Prosper. Will the Federal Government Get in the Way?
The federal government set the tone on the beginning of the resettlement process. It continues to keep legal status for certain evacuees out of reach.
Stephen Carter Makes the Case for Barring the Bar Exam
The famous columnist and Yale Law School professor points out that the case made against other standardized tests, such as the LSAT, also applies to bar exams.
Congressional Staffers Demand Their Bosses Enact Climate Legislation
"We've crafted the legislation necessary to avert climate catastrophe. It's time for you to pass it," proclaim staffers in a letter to Congressional leaders.
How Georgia's Outlandish Ballot Access Law Is Protecting Marjorie Taylor Greene (and the Two-Party System)
A ballot access law meant to block Communists has become an obstacle to third-party politics.
"So No Damages for Past Injury, Due to Immunity—and no Injunction to Stop Future Injury, Due to Mootness"
An interesting concurrence by Fifth Circuit Judge James Ho.
Pete Buttigieg Is Moving to Michigan. He Should Take the Transportation Department With Him.
It would signal that the transportation future involves decentralization and rapid change rather than Washington-style command-and-control.
If Congress Bans Abortion, This New Deal Precedent Will Be at the Center of the Legal Battles
A 1942 decision about the Commerce Clause takes on new importance post-Roe.
States Must Allow Abortions When Woman's Health or Life Is Threatened, Says HHS
Plus: When "anti-wokeness" becomes an obsession, why immigrants are upwardly mobile, and more...
Trump and Steve Bannon Waive Executive Privilege they do not Have
The "waiver" opens the door for Bannon to testify before the congressional January 6 Committee. But former presidents are not entitled to executive privilege, and especially not when it comes to testimony by private citizens.
Biden Issues Executive Order Designed To Protect Abortion Access
The abortion wars have entered a new phase.
Liz Wolfe: How San Francisco's Failures Could Help Austin and Miami
Associate Editor Liz Wolfe discusses the political and economic fortunes of both Austin and Miami, plus potential reasons these pastures might not always be greener.
Democrats Are Trying To Push Through Another 'Build Back Better' Bill. It Would Only Make Inflation Worse.
Here's hoping we don't wind up with more of the spending and favoritism that's become so common.
The Clarence Thomas Court Is Good News for Gun Rights, Bad News for Criminal Justice Reform
Like it or not, the Thomas Court is here.
The Utah Supreme Court Holds that Crime Victims Can Intervene in Criminal Cases to Protect Their Rights
The Court agrees with my argument that crime victims can become "limited-purpose parties" in criminal proceedings to protect their interests, such as an interest in the confidentiality of mental health counseling records.
The Founders Loved Jury Trials. Almost No One Gets One Anymore.
John Adams called jury trials part of the "heart and lungs of liberty." Today, defendants are often punished for exercising that very right.
Supreme Court Ruling in "Remain in Mexico" Case is a Win for Biden, Migrants - and Fans of Presidential Power
The ruling likely allows end of a cruel policy - but also reinforces broad presidential control over immigration.
Oregon Health Officials Delayed a Meeting Because 'Urgency Is a White Supremacy Value'
A second public health official cited the work of antiracist educator Tema Okun after several people on the thread objected.
Abolishing the Filibuster To Protect Abortion Rights Would Clear the Way for Republicans To Ban Abortion
Democrats aren't really this short-sighted, are they?
Justice Breyer's Final(?) Majority Opinion Is A Win For Federal Power
Justice Breyer consistently resisted conservative efforts to constrain federal power, so his opinion in Torres is a fitting swan song.
Ketanji Brown Jackson To Become 104th Associate Justice Thursday At Noon
The Supreme Court announces when Judge Jackson will become Justice Jackson.
Did Cassidy Hutchinson's Testimony Clinch the Incitement Case Against Trump?
The former president's recklessness is beyond dispute, but that is not enough to convict him while respecting the First Amendment.
Abortion Rights Under the 9th and 14th Amendments
Understanding what Justice Alito got wrong in Dobbs v. Jackson Women’s Health Organization
Stephen Breyer Officially Retires Tomorrow, Opening a Seat for Ketanji Brown Jackson
“My retirement from active service,” Breyer told the president, “will be effective on Thursday, June 30, 2022, at noon.”
Final Supreme Court Opinions Tomorrow, Followed by Justice Breyer's Retirement at Noon
There are only two argued cases left for decision -- the last two to be decided with Justice Breyer on the Court.
Maximalists Threaten a Federalist Compromise on Abortion
National legislation and extraterritorial application of state laws are inconsistent with the local leeway that the Constitution protects.
Alito's Junk History About Lochner
The conservative Supreme Court justice is wrong about economic liberty and the Constitution.
Marijuana Banking Legalization Gets Scrapped Again
Members of Congress keep saying they want to allow state-legal pot businesses to have access to the banking system, but they keep refusing to actually do it.
