Law & Government
Are a Majority of D.C. Circuit Judges Republican Appointees? The NYT Thinks So [Updated]
A New York Times piece on conservative legal challenges to climate regulations characterizes the balance of the D.C. Circuit in a most unusual way.
Critical Race Theory: A Deep Dive
A seven-episode mini series on critical race theory.
In Negotiations Over the 'Boyfriend Loophole,' Republicans Show More Concern for Due Process Than Democrats
Senators are mulling legislation that would expand the categories of people who are disqualified from owning guns.
As Pride Month Nears End, LGBT Political Culture Warring Escalates
You’d think drag brunches are why we’re paying $6 a gallon for gas.
The Defense Production Act Has Become a License for Central Planning
If home insulation is a "critical technology item essential to the national defense," then what isn't?
Contract Lawsuit Can Proceed, Over Private School Disciplining Student for Alleged Racial Epithet Use
The plaintiff alleged that the Wardlaw-Hartridge School had failed to comply with its own procedural rules in the Student-Parent Handbook.
Environmentalists' Lawsuit Brings Minneapolis' YIMBY Success Story to a Screeching Halt
Three environmentalists groups had argued that the city failed to perform a state-required environmental analysis of its Minneapolis 2040 comprehensive plan.
Congress and Biden Probably Just Made the Shipping Problem Worse
The Ocean Shipping Reform Act fulfills the political need to do something but probably won’t help.
Justice Sotomayor Defends Justice Thomas
In remarks to the American Constitution Society, Justice Sonia Sotomayor shares her thoughts on the senior-most Associate Justice.
A Bipartisan Tech Antitrust Bill May Soon Pass. It's Still a Bad Idea.
The legislation is likely to have a number of negative consequences for consumers.
With Roe v. Wade in Doubt, Some Liberals Fault Ruth Bader Ginsburg for Not Retiring Early
Some fans are now souring on her legacy.
"[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.
