Law & Government
"[W]ell, People Really Be Tellin', People Be Tellin'. That Is Not Right, That Is Not Right."
A Snapchat post containing this line and "a copy of the police report summarizing [a witness's] identification of [a person] as the shooter" leads to a four-year prison sentence for witness tampering; a New Jersey court says the post is a constitutionally unprotected true threat of violence.
3 Supreme Court Cases To Watch in the Next 2 Weeks
Big rulings are coming soon on school choice, guns, and abortion.
Rand Paul Asked Senators To Balance the Budget. Only 28 Agreed.
Rising interest rates will only make it harder to balance the budget in future years.
The 10th Anniversary of DACA
A compendium of my writings defending the morality and legality of this program - but also warning that it remains imperiled unless and until Congress passes a law institutionalizing it.
It's a Bad Year for Criminal Justice Reform at the Supreme Court
A recent pair of cases spotlights the sorry state of affairs.
Supreme Court Decides Major Chevron Case Without Citing Chevron
American Hospital Association v. Becerra is another indication that lower courts are too quick to give agencies Chevron deference.
What's Wrong With That Footnote? It's Only Seven Words Long!
Chief Justice Roberts refuses to join a wee little footnote in a Justice Barrett opinion.
Chief Justice Roberts Explains DIG of Public Charge Case
The Supreme Court has decided not to decide an important question relating to flips in federal policy when Administrations turn over.
Barrett v. Gorsuch -- Continued
Justice Gorsuch has dissented from two-thirds of Justice Barrett's majority opinions this term.
Trade Associations, Chamber of Commerce Warn of Danger in Data Privacy Bill
Plus: Purity politics, the end of the "millennial consumer subsidy," an unhappy outcome for folks seeking to free Happy the elephant, and more...
Gun Controllers Say They Want 'Reform' but They're Really Pushing Criminalization
The government should loosen laws, reduce conflict between government and the public, and let people defend themselves.
'Red Flag' Laws Require a Tricky Balance
If Congress decides to encourage them, it should not overlook the importance of due process protections.
Can a State-Funded Charter School Require Female Students to Wear Skirts?
Perhaps the real question is whether such a school is a state actor for purposes of Section 1983. The en banc Fourth Circuit says it is, so that a skirt requirement for girls is unlawful.
New York Puts Bitcoin Mining in the Crosshairs
It’s one of many anti-cryptocurrency policies emanating from the Empire State
Barrett v. Gorsuch
Justice Amy Coney Barrett and Neil Gorsuch are disagreeing more than you might think, but Justice Barrett appears to have the upper hand.
Can the January 6 Committee Hearings Break Through the Barriers of Political Ignorance and Bias Underpinning the Big Lie?
Most of those open to evidence already know that Trump tried to reverse the outcome of an election he legitimately lost. Reaching the rest is likely to be extremely difficult, at best.
The January 6 Hearings May Be Surprisingly Worthwhile
Plus: Competing stories about antitrust reform, capitalism didn't cause the formula crisis, and more...
Will Tonight's Capitol Riot Hearing Deliver Bombshells or Be Another Dud?
Plus: Families sue over Texas directive on care for transgender kids, teleworker taxes will come before Ohio Supreme Court, and more...
There's Still Hope for Prosecutorial Reform After Recall of San Francisco District Attorney Chesa Boudin
The recall of San Francisco District Attorney Chesa Boudin demands a rethinking of the "progressive prosecutor" brand.
Biden Says the Deficit Is Falling. Actually, It's Rising.
Under Biden, Trump, and Obama, government federal spending almost doubled.
When a Tax Break Is Actually a Tax Penalty
The curious case of the tax exclusion for employer-sponsored health insurance.
Watchdog Report: At Least 20 Percent of Federal Pandemic Unemployment Dollars Wasted
A new report from the Government Accountability Office found that nearly $80 billion was paid out to ineligible beneficiaries or outright fraudsters.
SCOTUS Just Made It Even Harder To Sue an Abusive Federal Agent
The Supreme Court continues to shield federal officers who are accused of violating constitutional rights.
Following USDA Guidance, State Clinics Destroyed Thousands of Cans of Usable Baby Formula
The government worsens the baby formula shortage, again.
Would These 4 Gun Controls Prevent Mass Shootings?
An analysis of such crimes suggests the president’s policy prescriptions are unlikely to have a meaningful impact.
The Least Productive Supreme Court Ever?
The justices hear fewer cases and decide fewer questions than they used to.
"The Possibility of Prosecuting Federal Court Leakers—Update & Rejoinder"
Former prosecutors Markus Funk and Andrew S. Boutros, and Judge Virginia Kendall, delve further into this fascinating question.
Chicago Mayor Lori Lightfoot Says People Charged With Violent Crimes Are Guilty Because Prosecutors Say So
"When those charges are brought, these people are guilty," Lightfoot said.
Gay Weddings Return to The Supreme Court
Can a web designer be compelled under the First Amendment to host wedding pictures?
