Law & Government
Republicans Will Have To Rely on New Deal–Era Court Precedents If They Want a Federal Abortion Ban
The Supreme Court said in 1942 that local activity, not just interstate activity, was subject to congressional regulation.
Congress' Lame-Duck Legislators Want To Spend Money Like We're Still in a Pandemic
It's especially outrageous when considering the billions of dollars in fraud that took place thanks to COVID-19 relief programs.
Loan Forgiveness Litigation Roundup
This post covers significant developments in cases challenging Biden's loan-forgiveness plan other than the one Supreme Court has decided to hear.
A Law That Facilitates Cannabis Research Exemplifies the Modesty of the Reforms We Can Expect From Congress
Making it easier for scientists to study marijuana is a far cry from the liberalization that most Americans want.
Real ID Enforcement Has Been Pushed Back. Again.
The Real ID Act was passed in 2005. 17 years later, it's worth asking if it's finally time to scrap the law.
Raphael Warnock Defeats Herschel Walker, Removing Obstacle to Biden Administration Agenda
Democrats had already retained their majority, but by keeping Warnock's seat, they gained even more power in the upper chamber to hinder Republican opposition.
A 10-Year-Old Boy Shot and Killed His Mother. Wisconsin Is Charging Him As an Adult.
There is little utility to charging 10-year-olds as adults, yet Wisconsin still mandates the practice in certain cases.
Cronyist Journalism Measure Could Prompt Facebook To Ban News
Plus: ACLU sides against religious freedom, abortions after Dobbs, and more...
Consumer Financial Protection Bureau
The Federal Government Can't Seem to Decide How the CFPB Is Funded
The Solicitor General's brief defending how the CFPB is funded contradicts what the agency and others have said in the past.
What Twitter's Suppression of the Hunter Biden Laptop Story Tells Us About the Media
Plus: The editors consider a listener question on the involuntary hospitalization of the mentally ill.
New York Forces Websites To Monitor 'Hateful' Speech. A New Lawsuit Says This Violates the First Amendment.
"The state of New York can't turn bloggers into Big Brother, but it's trying to do just that," said FIRE attorney Daniel Ortner.
Supreme Court Debates Whether Web Designers Can Be Forced To Make Gay Wedding Pages
A million hypotheticals bloom in arguments over when and where the government may compel speech.
Puerto Rico Inches Toward Self-Determination
"At this point, it is pretty much a fact that Puerto Rico is a colony of the United States," says one observer.
Court Holds That Indiana RFRA Provides Religious Exemptions from Abortion Ban
Note that the decision is not inconsistent with the Supreme Court's holding in Dobbs, though it may of course still be overturned on appeal on other grounds.
Is Florida Giving Up Its Fight Against 'Woke' Disney?
Lawmakers are reportedly planning to undo legislation that would have revoked Disney's special tax and governance status.
Eleventh Circuit Quashes Trump Effort to Block Federal Government Access to Mar-a-Lago Documents
In a brief and forceful opinion, a unanimous court explains why the trial court never had jurisdiction to consider Trump's filings in the first place.
Supreme Court Will Hear Case on Legality of Biden Loan Forgiveness Plan
In the meantime, the justices left in place a lower court injunction against the plan. That probably doesn't bode well for the Biden Administration's chances of winning.
Students at Yale Faced Mental Health Crises. Instead of Helping Them, Yale Forced Them Out.
Administrative bloat leads to increased indifference to struggling students.
Supreme Court to Hear Student Loan Forgiveness Case
The justices refuse to vacate the injunction against President Biden's student loan forgiveness policy, but accept certiorari.
You Can Record Video of Police in Action. But Can You Livestream That Video?
Plus: Court rejects Biden plea on student loan plan, Ohio cops don't understand the First Amendment, and more...
A Lame-Duck Congress Should Reject the Extended Child Tax Credit
The policy has some bipartisan support, despite the fact that it has mostly been a failure since its inception.
Eric Adams' Plan To Involuntarily Hospitalize Mentally Ill Homeless People Will Face Legal Challenges
Civil liberties groups say Adams' plan violates constitutional rights protecting people with mental illness from being confined against their will simply for existing.
What Does the Respect for Marriage Act Actually Say?
This isn't something radical. It basically just affirms a status quo supported by the polls.
The Respect for Marriage Act Shows That Congress Can Still Do Its Job
Congress should not forget that they can legislate in response to Supreme Court rulings.
The Solicitor General Says It Is Not "Ever Too Late" to Get A Statute Right
Is the federal government giving up on statutory stare decisis?
Sixth Circuit Upholds Injunction Barring Air Force from Requiring COVID Vaccines for Religious Objectors
From the sounds of it, the Air Force's attorneys didn't think too carefully about how to respond to Religious Freedom Restoration Act (RFRA) claims.
Biden's Spending Spree Is Unprecedented
Instead of redirecting course, Biden is continuing Trump’s spending legacy.
Officers Who Ignored Man Paralyzed in Their Custody Are Charged With Misdemeanors
“You're cracking, you just drank too much,” said one officer as Randy Cox cried that his neck was broken.
Should the Sentencing Commission Get Auer Deference for the Number of "Images" in a Video?
The U.S. Court of Appeals for the Sixth Circuit disagrees on whether the word "image" is ambiguous.
In Alaska, Ranked Choice Voting Worked
Partisan outrage over Sarah Palin's defeat shouldn't obscure the obvious benefits of better voting systems.
Major Media Outlets Condemn Continued Prosecution of Julian Assange
The open letter warns the indictment “threatens to undermine America’s First Amendment and the freedom of the press.”
Court to Girl: You Have To Wait 2 Years To Comfort Your Father as He Dies. And We're Killing Him Next Week.
Missouri law bans those under 21 from witnessing executions. Despite attempts to challenge the law, 19-year-old Khorry Ramey will be barred from attending her father's execution on Tuesday.
Arizona Town To Pay $8 Million to Widow of Daniel Shaver, Shot While Crawling Unarmed Toward Police
The cop who killed Shaver was fired. But he will receive a disability pension for the rest of his life because he claims he has post-traumatic stress disorder.
With Congressional Gridlock, Americans Get a National Breather
A hobbled Congress isn’t a solution to our woes, but it’s a lot better than lawmakers set loose.
Subsidies Won't Fix the Energy Industry
Ending subsidies can help cut emissions and energy costs.
Sick of the Pilgrims? Celebrate Roger Williams Instead
While we often spend Thanksgiving remembering a different set of Puritan settlers, the religious, freedom-loving Roger Williams is an apt hero for the more liberty-minded.
Be Thankful for Low-Skilled Workers
These are the people who showed up when the economy was shut down by the government, working in jobs labeled "essential."
Biden's 'Buy American' Rules Are Hamstringing Infrastructure Investments
State governments already want relief from the "Buy American" mandates included in the bipartisan infrastructure bill.
Foreign Workers Are Losing Their Tech Jobs. Will They Have To Leave the Country Too?
Thousands of tech workers are being laid off. That’s putting H-1B visa holders on tight timelines to find new work.
