Joe Manchin Strikes a Deal To Fix Antiquated Environmental Review Regulations. Will It Do Any Good?
The West Virginia senator proposes marginal reforms to a federal permitting process that policy wonks say needs a root-and-branch overhaul.
Law & Government
Netflix Files Copyright Lawsuit Against Creators of Unofficial Bridgerton Musical
The company alleges the composers ignored multiple warnings to cease commercial production of the musical.
The Democratic Establishment Teamed Up With Trump To Oust Peter Meijer
Michigan's 3rd district has produced two consecutive freedom-oriented Republican lawmakers. Tuesday's results ensure that there won't be a third.
WV v. EPA: Some Answers about Major Questions (But Not All the Answers We Need)
My forthcoming article the good, the bad, and the likely implications of the Supreme Court's decision West Virginia v. EPA
Democrats Don't Care Whether Banning 'Assault Weapons' Is Constitutional
Even while conceding that the rifles they want to ban are commonly used for lawful purposes, they refuse to grapple with the implications.
Jon Stewart Accuses GOP of 'Cruelty' for Wanting Minor Amendments to Pricey Veterans' Bill
Senate Republicans have raised reasonable objections that legislation covering veterans' health conditions linked to toxic burn pits will allow for more spending on unrelated items.
Does the Democrats' New Inflation Bill Have Anything To Do With Inflation?
Plus: The editors each analyze their biggest “I was wrong” moment from past work.
The New York Times Is Surprised To Find Public Defenders Championing the Second Amendment
Yet the civil rights movement has long had a gun rights component.
The 'Inflation Reduction Act' Won't Actually Reduce Inflation
But it will hike taxes, including on Americans earning less than $200,000 annually.
The Dubious and Doomed 'Assault Weapon' Ban That the House Approved Today May Cost Democrats This Fall
Recent polling suggests that Americans are starting to recognize that such laws make no sense.
House Passes New Human Trafficking Bill
Here's what's in the $1 billion reauthorization package.
West Virginia v. EPA: Getting to Actual Delegation
The Court should assimilate the “major questions” doctrine of West Virginia v. EPA and its precedents—including Chevron and what came even before that—to an approach that asks whether Congress has made an actual delegation. Only this will serve the relevant separation-of-powers principle.
Maxine Waters Says She May Not Vote for 'Shameful' Inflation Reduction Act, Citing Lack of Housing Spending
The new reconciliation bill also nixes a zoning reform program that had been included in the more expansive Build Back Better bill.
How Many People Have To Be Assaulted or Killed Before Chuck Schumer Stops Resisting Marijuana Banking Reform?
The Senate majority leader has repeatedly blocked a bill that would address the robbery threat to state-licensed pot shops.
Meta Can't Buy V.R. Fitness Company, Must Make Its Own Competing App, Says FTC
Plus: A rebranded "Build Back Better," the two-party system creates "a disconnect between elites and non-elites," and more...
West Virginia v. EPA: Questions About "Major Questions"
The major questions doctrine inverts the Chevron doctrine, is indeterminate, and, as a practical matter, will encourage courts to engage in something more akin to political punditry than law.
The CHIPS Act Is Corporate Welfare Disguised as Industrial Policy
If you believe that moving most of our chip production onshore is good for national security, you should labor for regulatory reforms rather than subsidies.
Schumer, Manchin Strike Deal To Raise Taxes, Cut the Deficit, Spend Billions on Climate Change
The proposal reportedly hikes taxes by over $730 billion, with $300 billion of that money to be used for reducing the federal budget deficit.
With Deception and Misdirection, House Democrats Vainly Try To Make the Case for Banning 'Assault Weapons'
No, these rifles are not "the weapon of choice in most mass murders."
Don't Give U.S. Chipmakers a $76 Billion Government Handout
Making the U.S. semiconductor industry dependent on subsidies is not the way to stick it to China.
Federal Courts Greenlight State Abortion Bans While State Courts Halt Enforcement
Plus: Video game play time doesn't affect well-being, crypto groups applaud the Virtual Currency Tax Fairness Act, and more...
West Virginia v. EPA: What Would Have Been the Result Under the Chevron Doctrine?
The Court did not engage with the doctrine directly (as opposed to simply creating an exception to it). How, in fact, would the case have been decided under Chevron?
If You Care About Democracy, Don't Ask Biden To Invoke Emergency Powers
Implementing policy is supposed to be difficult given that it could affect millions of people’s lives.
Chuck Schumer Learned Nothing From the Failure of Pot Legalization in California
The Senate majority leader’s marijuana bill would pile on more taxes and regulations, despite years of complaints about the barriers they create.
Elizabeth Warren Wants To Stop Airline Mergers, Despite Evidence That They Lower Airfares
The senator urged the Department of Transportation on Monday to regulate airline consolidation and levy heavy fines for canceled flights.
Poll: Tech Regulation Should Focus on Privacy and Security—Not Breaking Up Big Tech Companies
Plus: Arizona prisons censor The Nation, Facebook's feed changes, and more...
West Virginia v. EPA: Was "Major Questions" Necessary?
A correct interpretation of the statute at issue—Section 111(d) of the Clean Air Act—does not give the EPA the authority to issue the sort of regulations at issue in the case.
Did Congress Just Attempt To Do Its Job?
Plus: The editors each consider a book they might secretly want to write one day.
Most Americans Think Government Is Corrupt, a Third Say Armed Revolution 'May Be Necessary' Soon
Plus: Hawley's illiberal nationalism, Santa Monica's housing obstructionism, and more...
West Virginia v. EPA: An Advisory Opinion?
Deciding the case might have been squarable with Article III, but not the way Court went about it.
A Breakthrough on Reforming the Electoral Count Act [Updated]
The bipartisan Senate bill would be a major improvement over the status quo, and has attracted widespread support from experts in the field.
D.C. Circuit Makes It More Difficult for New Administrations to Stop "Midnight" Rules
It may now require notice and comment to rescind final rules that were never published in the Federal Register.
January 6 Committee Wraps Summer Hearings With Footage of Hawley Fleeing, Detailed Account of Trump's Day
Plus: Electoral count reform, freeing baby formula from useless regulation, and more...
Why Do Travelers to the U.S. Have To Wait an Average of 247 Days for Their Visa Interviews?
The State Department's network of consulates are keeping tourists and business travelers in limbo.
Both Democrats and Republicans Want To Break Up Big Tech. Consumers Would Pay the Price.
Government often proves to be biased against large, successful companies that legislators don't understand well but customers love.
The Senate's Election Reform Bill Is Surprisingly Logical and Bipartisan
Former President Trump's attempt to overturn the results of the 2020 election relied on three potential pressure points. This bill addresses all three.
Chuck Schumer's Doomed Marijuana Monstrosity Is Not a Serious Attempt To Repeal Pot Prohibition
The Senate majority leader's 296-page bill would compound the barriers to successful legalization.
House Passes Bill Declaring Right to Contraception
Plus: Supreme Court approval drops drastically, truckers protest California gig-work law, and more...
Steve Sanders on Full Faith and Credit and the Respect for Marriage Act
A prominent academic expert on both same-sex marriage and full faith and credit weighs in.
House Democrats Revive Their Court-Packing Push
Adding progressive justices to the bench would eventually backfire.
Marco Rubio Says He Won't Vote To Eliminate the Defense of Marriage Act, But His Explanation Makes No Sense
Rubio says states should decide marriage laws, but DOMA is a federal law that overruled state regulation.
Federalism and the Respect for Marriage Act
Does the bipartisan act protecting same-sex marriage run afoul of constitutional federalism principles? The answer is definitely not with respect to one of its provisions, and probably not with respect to the other.
Gun Owners Who Are Disqualified Under State Law Can Now Be Charged With 'Trafficking in Firearms'
That new crime, which is punishable by up to 15 years in federal prison, includes receipt of firearms by "prohibited persons."
Elena Kagan's Valid Critique of the Supreme Court's 'Shadow Docket'
“Without full briefing and argument,” Kagan objects, the Court is quietly resolving major disputes.
