Law & Government
Massachusetts District Attorney Sued for Refusing To Release Names of Problem Cops
Massachusetts reformed its notoriously bad public records laws in 2020, but reporters are still fighting to get the police misconduct files they're legally entitled to.
Supreme Court's Sidestep Leaves Native Kids Without Answers
While intended to keep Native families together, the ICWA subjects American Indian children to a lower level of protection than is enjoyed by non-Native kids.
Supreme Court Rules Red States Lack Standing to Challenge Biden Immigration Enforcement Guidelines
The 8-1 decision is a major win for Biden and executive enforcement discretion. I think the Court got the right result, but for the wrong reasons.
Court Erred in Dismissing Challenge to L.A. City Employee COVID Vaccine Mandate
So the California Court of Appeal has held, concluding that there is enough of a factual dispute (under California's plaintiff-friendly pleading standards) for the case to go forward.
A Year Post-Dobbs, Major Shifts in Abortion Access and Politics
Plus: Court rules against judge who threw child stars in jail during parents' custody dispute, inside the FTC's attempt to stop Microsoft from acquiring Call of Duty, and more...
Schools Have No Constitutional Obligation to Try to Keep Students from Having Sex in the Parking Lot
"[T]he Does cannot wield the constitutional right to parent as a sword to require the district to adopt policies that help them to direct and control their son's choices," and likewise as to the right to free exercise of religion.
Don't Let Culture Wars Weaken the Financial System
In California, officials are pushing pension funds to divest from fossil fuels, firearms manufacturers, and tobacco companies. Red states are retaliating. This is madness.
A Troubling Supreme Court Habeas Decision
The Supreme Court was wrong to deny relief to a man imprisoned for activity that Court's own rulings indicate was not illegal - one who never had an opportunity to challenge his incarceration on that basis.
Drag Is Protected Speech, Federal Judge Rules
It should be obvious that drag performances are protected by the First Amendment, but that hasn't kept government officials from trying to ban them.
Economic Freedom Is Declining in the U.S.
We once ranked No. 4 in the world, according to the Heritage Foundation. Now we're 25th.
It Takes 6 Clicks To Cancel Amazon Prime and the FTC's New Lawsuit Says That's Too Many
The ideal number of clicks to cancel an online subscription may be four or five instead of six, but we don't need government to make that decision.
Another Georgia Probe Finds No Evidence of Conspiracy To Steal 2020 Election
The Trump campaign's claim that two Atlanta poll workers pulled fraudulent ballots from a suitcase on election night are "false and unsubstantiated" after a two-year investigation.
Can a Florida School District Ban a Children's Book About Gay Penguins?
The answer's more complicated than you might think.
Arkansas Ban on Gender Transition Treatments for Minors Ruled Unconstitutional
Plus: New rules limit asylum applications, the bad math behind economic doomerism, and more...
Reporters Convicted of 'Trespass' for Doing Their Jobs
The guilty verdict came the same day the Justice Department blasted Minneapolis for harassing the press.
The Federal Case Against Trump Is 'Very Strong,' His Former Attorney General Says
By taking records that did not belong to him and refusing to return them, William Barr says, Trump "provoked this whole problem himself."
An Orthodox Rabbi Makes the Case for Legalizing Organ Markets
Some of the points made by Rabbi Yitzhak Grossman in the course of assessing the issue under Jewish law have broader significance, as well.
He's Facing Life in Prison for Owning Firearms Without a License
The government appears to agree that Charles Foehner shot a man in self-defense. He may spend decades behind bars anyway.
The Fed Won't Save Us From the Inflation Iceberg
Plus: Was Gerald Ford right to pardon Richard Nixon?
FTC Chair Lina Khan Ignored Ethics Official's Advice About Meta Case, Then Said She Didn't
Plus: RIP Daniel Ellsberg, the Pioneers of Capitalism, and more...
Immigrants Can't Naturalize if They Own a Marijuana Dispensary, Court Says
Maria Elena Reimers has been caught in legal limbo for years.
Clark Neily: Regardless of Guilt, Trump Won't Go to Jail
The constitutional lawyer and criminal justice reformer talks about our two-tier punishment system and deep-seated corruption at the Justice Department.
Senate Democrats Say Modernizing Airline Pilot Training Requirements Will Kill People
If a proposal to let pilots do more of their training on flight simulators passes, supporters will have "blood on your hands," says Sen. Tammy Duckworth.
Can Republicans Fix Student Debt?
Unlike Democrats, Senate and House Republicans have released proposals that would actually tackle the root causes of increasing student loan debt.
Companies Shouldn't Have the Right To Veto Their Competition
Certificate of need laws hurt consumers by decreasing the supply of services, raising prices, and lowering service quality.
Lawyer's Affidavit in the Colorado AI-Hallucinated Precedent Case
"Overwhelmingly impressed by the technology, I excitedly used it to find case law that supports my client's position, or so I thought."
Colorado Lawyer "Says ChatGPT Created Fake Cases He Cited in Court Documents"
"I felt ... my efficiency ... could be exponentially augmented to the benefit of my clients by expediting the time-intensive research portion of drafting."
Florida Doubles Down on Anti-Competitive Car Dealership Law
Automobile dealers say the law will preserve and protect the "competitive nature" of the business, by removing their competitors.
The Vast Majority of People Who Want To Immigrate to the U.S. Have No Legal Option
A new Cato Institute report highlights just how hard it is to come to the U.S. legally.
Congress Had Questions About the CDC Stifling Dissent. Rochelle Walensky Refused To Answer.
Plus: Court using anti-pornography software to track a criminal defendant, $25 million verdict against Starbucks over fired employee, and more...
The Rail Safety Act Is About Union Handouts, Not Safety
The legislation—which was introduced in response to the derailment in East Palestine, Ohio—pushes pet projects and would worsen the status quo.
Congress Considers Bipartisan Bill Curbing Asset Forfeiture
The FAIR Act would be a significant step forward. It just passed the House Judiciary Committee on a unanimous 26-0 vote.
A.I. Needs Section 230 To Flourish
A new bill from Sens. Josh Hawley and Richard Blumenthal would stifle the promise of artificial intelligence.
Congress Should Improve and then Pass the Venezuelan Adjustment Act
The bipartisan legislation would grant permanent residency and work rights to some 400,000 refugees from Venezuela's brutal socialist dictatorship.
Congress Considers Conditions on the Government's License To Steal
The FAIR Act includes several substantial reforms that would make it harder to take property from innocent owners through civil forfeiture.
In Debate Over Railway Safety Bill, J.D. Vance and Donald Trump Are Leaning to the Left
In 2019, the Trump administration blocked a costly and ineffective mandate for two-man railroad crews long sought by unions. Now, the former president wholeheartedly supports it.
DeSantis Complains About the Weaponization of State Power. He Should Reexamine His Own Record.
If the Florida governor wants better behavior, he should model better behavior.
Movie Industry Says Georgia's Film Tax Credits Are Great. State Auditors Say They're a Waste of Money.
Contradicting a new report funded by entertainment industry advocates, state auditors have cast significant doubts on the tax credit program's actual effectiveness.
Codifiers' Errors and 42 U.S.C. 1983
with relevance to both a 1980 precedent and a recent article by Alex Reinert
Against the "Banana Republic" Critique of Indicting Trump
The real banana republic danger is if high officials can commit serious crimes with impunity.