Law & Government
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.
Team Libertarian Report from National Constitution Center "Restoring the Guardrails of Democracy" Project Now Available on SSRN
I coauthored the report with Clark Neily and Walter Olson, both of the Cato Institute.
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.
Biden Celebrates $90 Billion Bailout of Private Union Pension Plans
Plus: Don't cry for the failure of Homeland Security's disinformation board, states discover supply-side solutions to labor shortages, and more...
National Constitution Center Releases Reports on "Restoring the Guardrails of Democracy"
The project includes reports by conservative, libertarian, and progressive teams. I am coauthor of the Team Libertarian report.
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.
Super Deference and Heightened Scrutiny
What should courts do when an agency action is based upon scientific evidence within the agency's expertise, but also implicates heightened scrutiny?
Justice Kagan Throws Down the Gauntlet: We Are Not "All Textualists Now"
In her forceful West Virginia v. EPA dissent, Justice Kagan challenges the majority's commitment to textualism.
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?
Here's What Abortion Laws in a Post-Roe World Might Look Like
A pro-life group's model legislation hints at how extreme enforcing abortion bans could get.
Supreme Court Gives Biden Administration a (Temporary?) Win on Immigration with Final Decision of Term
Chief Justice Roberts final opinion of the term rejects the statutory challenge to the Biden Administration's rescission of the "Remain in Mexico" policy.
Supreme Court Rejects Broad EPA Authority to Regulate Greenhouse Gases from Power Plants (Updated)
Chief Justice Roberts writes for a six-justice majority in West Virginia v. EPA.
This Innocent Woman's House Was Destroyed by a SWAT Team. A Jury Says She's Owed $60,000.
Such victims are often told they have no right to sue.
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.
Conservatives Embrace Anti-Discrimination Principles
Anti-discrimination law was pioneered by the political left. But, in recent years, conservatives have increasingly tried to use it for their own purposes.
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.
Utah Democrats Endorse Non-Democrat Evan McMullin To Face Mike Lee
McMullin ran a third-party campaign for president in 2016.
A New Jersey Town Wants To Charge This Woman $5,000 To Sell Cookies
Somerville still has costly regulations on the books even though New Jersey has legalized the sale of home-baked items.
Supreme Court Says High School Coach's Postgame Prayers Are Protected Free Speech
A 6–3 majority sees it as noncoercive and not a violation of the Establishment Clause.
Small Change Tolerance Slippery Slopes (Reposted)
[I originally erred in posting this, which kept comments from being available; I've therefore deleted the original and reposted it.]
My Deseret News Article on Carson v. Makin
The article explains why the Supreme Court was right to hold that state voucher programs can’t discriminate against “sectarian” religious schools and addresses various objections.
