Law & Government
Nearly 40 Migrants Died in a Juarez Detention Center Fire. U.S. Border Policy Is Partially To Blame.
America's approach to the border helps contribute to the overcrowding and violence migrants face in Mexico.
Senate Finally Revokes the President's Authority To Bomb Iraq
Revoking the 1991 and 2002 authorizations for the use of military force would be a good start, but the 2001 authorization has been used dozens of times to justify conflicts in numerous countries.
Idaho Bill Would Ban 'Transporting' a Minor for an Abortion Without Her Parents' Permission
"Taking that child across the border, and if that happens without the permission of the parent, that's where we'll be able to hold accountable those that would subvert a parent's right," said one of the bill's sponsors.
Blue-State AGs Have A Mifepristone Lawsuit of Their Own
And this lawsuit faces many of the same administrative law hurdles as does AHM v. FDA.
Italy's Plan To Ban Lab-Grown Food Would Hurt Cuisine and Consumers
The move would close a promising culinary door and deny Italian consumers the opportunity to buy products that fit their preferences.
Could the RESTRICT Act Criminalize the Use of VPNs?
Plus: States consider mandatory anti-porn filters, tariffs create baby formula shortages (again), and more...
This Year's Farm Bill Threatens To Be a Bigger Monster Than Ever
The massive piece of legislation embodies all that is wrong with American lawmaking.
The Israeli Fight Over Judicial Review Highlights the Dangers of Unconstrained Democracy
Opponents of the proposed reforms are right that unlimited majority rule is a recipe for tyranny.
AHM v. FDA: A Contrary View and a Rejoinder
ADF's Erin Hawley responds to my post on the jurisdictional problems in AHM v. FDA and I reply.
Federal Agencies Keep Failing To Legally Interpret the Clean Water Act
The Biden administration is the third administration in a row to fail to issue Clean Water Act regulations that pass judicial scrutiny.
Sotomayor Grills Government Lawyer Over Law 'Criminalizing Words Related to Immigration'
The Supreme Court justice seemed willing to invalidate the federal law on First Amendment grounds.
The Government Is Turning Border Surveillance on Everyday Americans
As the government sets its sights on migrants crossing the border, native-born Americans have also come under its watchful eye.
Banning TikTok Is a Power the Federal Government Doesn't Deserve
Today, TikTok. Tomorrow, who knows?
Ending Chevron Deference in the States
While the US Supreme Court continues to require judges to defer to administrative agencies' interpretations of law in many situations, numerous states have abolished or severely curbed such deference. The results should temper both hopes and fears associated with ending judicial deference to agencies.
Ron DeSantis Signs Bill Expanding School Choice to All Florida Students
The Florida governor has a history of using state power to bully Florida schools over speech he doesn't like. H.B. 1 may accomplish his goal while ceding power to parents.
Federal Courts Clash Over Financial Watchdog's Constitutionality
The CFPB funding scheme is constitutional, the 2nd Circuit says.
Arizona Returns $39,000 Seized From Man at Phoenix Airport Through Civil Asset Forfeiture
Police detectives accused Jerry Johnson of being a drug trafficker and seized cash he says he intended to use to buy a semitruck at auction. He was never charged with a crime.
Political Supports for an Independent Judiciary
Observing Israel (and the United States) through the lens of political science
Internet Archive Loses Lawsuit Over National Emergency Library, Will Appeal
Plus: "Sensitivity readers" rewrite Agatha Christie, a Little Free Library battle, and more...
Oil Companies Fail to Convince the Eighth Circuit Climate Cases Should Be Removed to Federal Court (Updated)
The Eighth Circuit joins the First, Third, Fourth, Ninth, and Tenth in rejecting the arguments for removal, but Judge David Stras writes an interesting concurrence.
Vague Visa Rules Leave Laid-Off Twitter Worker Unable To Return to U.S.
Foreign-born tech workers in the U.S. have been especially vulnerable as tech giants lay off large shares of their work forces.
Michigan Repeals Right-To-Work Law
A decade as a right-to-work state made Michigan better off.
Trump's Anti–First Amendment Skylarking Is DeSantis' Anti–First Amendment Action
The former president wanted to "open up" defamation laws. The governor of Florida is about to try.
The Inflation Reduction Act Is Screwing Up the Market for Electric Vehicles
Volkswagen unveiled a cheap new electric concept car, but protectionist policies mean it's not worthwhile for the company to introduce it in the U.S.
This College President Knows the First Amendment Protects the Drag Show He Canceled. He Just Doesn't Care.
"I will not appear to condone the diminishment of any group at the expense of impertinent gestures toward another group for any reason, even when the law of the land appears to require it," he wrote.
Fifth Circuit Again Stays FDA Denial of E-Cigarette Product Application
Another opinion exposing the Food and Drug Administration's vaping problem.
After the East Palestine Derailment, Congress Is Trying To Force Unrelated, Costly Regulations on Railroads
A bipartisan bill backed by J.D. Vance and Sherrod Brown would include a two-member crew mandate that unions have long sought—and that wouldn't have prevented the Ohio disaster.
College Administrators Hate Fun
Unfortunately, it doesn't seem like the recent trend of rising administrative bloat is going to reverse anytime soon.
Parents of Oxford High School Shooter Can Be Prosecuted for Negligent Homicide,
based on their not securing the gun they gave him and other things, given the evidence they had of his mental state.
Congress Asks Is TikTok Really 'An Extension of' the Chinese Communist Party?
TikTok's CEO served as little more than a punching bag for lawmakers with a dizzying array of big tech grievances.
Ohio Cops Sue Afroman for Using Video of Them Raiding His House in Music Videos
Seven sheriff's deputies say the rapper subjected them to "embarrassment, ridicule, emotional distress, humiliation, and loss of reputation" after a drug bust on his house came up empty.
Banning Chinese Products in the Name of 'National Security' Could Have Disastrous Consequences
It would result in shortages, decreases in productivity, and higher production costs affecting millions of American workers and nearly every consumer.
Feds Say A.I.-Generated Art Is Ineligible for Copyright
Copyright law is just one area that must adapt to account for revolutionary A.I. technology.
To Balance the Budget, Republicans Must Cut Military Spending, Trim Entitlements, or Raise Taxes
If Republicans refuse to gore their three sacred cows, a new CBO report shows that balancing the budget is literally impossible.
Lawsuit Challenges Ban on Physical Mail at California County Jail
Prisons and jails around the country have been banning physical mail and used book donations under the flimsy justification of stopping contraband.
TikTok Is Too Popular To Ban
Plus: Police sue Afroman for using footage from raid, California bill could ban popular junk foods, and more...
Idaho Supreme Court Rules Fourth Amendment Violated When Drug-Sniffing Dog "Intermeddled" With Defendant's Car
Nero the police dog put his paws on the side of the car, which qualifies as a trespass, and thereby also a "search" under the Fourth Amendment.
Sex-Trafficking Suits Against Banks That Serviced Epstein Can Proceed
Plus: American IQs may be shifting, Jack Daniel's lawsuit against dog toy maker hits SCOTUS, and more...
Biden's First Veto Protects and Promotes ESG
What at first appears to be deregulation is actually economic activism in disguise.
Idaho Likely To Authorize Execution by Firing Squad
"The firing squad, in my opinion, is beneath the dignity of the state of Idaho," said one state senator. "We have to find a better way."
With (Judicial) Friends Like These…
The surprising recent rise in partisan, racial, and gender differences in circuit judges following earlier opinions.
COVID-19 and the Confrontation Clause
Is testimony over Zoom consistent with a criminal defendant's Constitutional rights?
Congress Hasn't Passed a Budget on Time in 27 Years
Congress' end-of-year rush to fund the federal government has become the norm.
Of Course, the Trump Indictment Is Political
Plus: A listener asks the editors if the nation is indeed unraveling or if she is just one of "The Olds" now.
