Law & Government
You Can Thank This Ohio Klansman for Expanding Your Freedom of Speech
Brandenburg v. Ohio established the "imminent lawless action" standard. More than 50 years later, partisans keep trying to apply it selectively.
This Ruling Does Not Bode Well for Trump's Attempt To Portray Journalism as Consumer Fraud
On Thursday, a federal judge dismissed a lawsuit that echoed Donald Trump's claims against the Des Moines Register and pollster Ann Selzer.
Is Trump a Socialist?
Donald Trump’s new stock-buying strategy isn’t socialism, but it is a step toward a government-controlled economy.
Trump's Lawyer at the Supreme Court Cites a Letter from James Madison That Says Tariffs Are Taxes
During oral argument at the Supreme Court, Solicitor General D. John Sauer cited a letter by James Madison that completely undermines the administration’s case that its tariffs are legal.
Placing Climate Tort Litigation in Context (Updated)
Using tort law for environmental protection has a deeper historical pedigree than does resort to administrative regulation.
California's Aggressive Regulations Put Burgeoning AI Industry at Risk
Overly strict or poorly designed rules could slow beneficial uses of AI in healthcare, education, infrastructure, and public safety.
'Emergency' Has Become Washington's Favorite Loophole. It's Cost Taxpayers $15 Trillion.
Over the last decade, roughly one in every 10 dollars of budget authority has worn an emergency tag.
Justices Don't Buy Tariff Argument
Plus: Outrage at Heritage, air traffic might get throttled, and more...
On Tariffs, It Was Gorsuch vs. Trump at SCOTUS
The legal challengers to Trump's tariffs had a good day in court.
Federal Prosecutors Flesh Out Their Case Against James Comey. It Still Looks Shaky.
The government posits that the former FBI director tried to conceal his interactions with a friend who was publicly described as "a longtime confidant" and an "unofficial media surrogate."
America's Longest Government Shutdown Shows Why We Must Free Air Traffic Control from Politics
Nations that moved air traffic control out of politics have better tech, no shutdown chaos, and stable funding. Congress keeps choosing dysfunction instead.
Washington's State Capital Just Voted Against Increasing the Minimum Wage, Unemployment
Olympia residents apparently learned from Seattle’s experience that minimum wage hikes do not improve the welfare of the worst off in society.
Keep the Federal Government Closed
Americans need to go cold turkey from Uncle Sugar.
Trump's Economic Fallacies Are Legally Relevant in His Tariff Case
Trade deficits are not a "national emergency," and the president's import taxes won’t reduce them.
Abigail Spanberger Wins Virginia, Offers Democrats an Alternative to Mamdani's Socialism
"I don't care that much about what happens in the city of New York," Spanberger said on the campaign trail. Other Democrats should listen.
Stealing Innocent People's Tax Returns Isn't Heroic. The IRS Leaker Doesn't Deserve a Do-Over.
Charles Littlejohn exposed hundreds of thousands of Americans’ private tax returns and undermined the nation’s voluntary tax system. His five-year sentence shouldn’t be reduced.
As Tariff Case Heads to the Supreme Court, Trump's Strongest Argument Has a Fatal Flaw
The International Emergency Economic Powers Act doesn't grant the president the power to regulate imports with tariffs. Even if it did, these tariffs would still be unconstitutional.
Dick Cheney, Vice President and Self-Described 'Darth Vader,' Was a Champion of the War State
The former vice president liked being compared to the supervillain as a joke. But he had seriously villainous effects on millions of people in real life.
Trump's Tariffs and John Roberts' Credibility
Learning Resources v. Trump will test both executive power and judicial fidelity.
Trump Says His 'Armed Conflict' With Drug Traffickers Does Not Involve 'Hostilities'
The government is tying itself in knots to cast murder as self-defense and avoid legal limits on the president's use of the military.
Oklahoma's Obscenity Bait and Switch Could Ban Pride Parades and Public Drag Shows
These lawmakers expect local authorities to ban "obscenity" before it happens—a recipe for chilling a wide variety of legal speech.
Senate Investigations Find Medical Neglect and Other Human Rights Violations in Immigration Detention Centers
Two reports find that the detention system is failing to provide detainees with adequate food, water, and medical care.
He Served His Time for Sex Offenses He Committed as a Teen. He's Still Locked Up With No Release Date.
Justin Sanchez is one of more than 6,000 Americans indefinitely detained in a system that wastes money and doesn't make us safer.
Illinois Is Taking the Feds to Court Over 'Trump's Invasion' of Chicago
"The Trump Administration's Department of War gave me an ultimatum: call up your troops, or we will," Gov. J.B. Pritzker said.
About 1 in 5 Kids Are at Risk of Losing SNAP. Centralized Control Keeps Failing Low-Income Families.
The best way to ensure healthy outcomes and protect children from the partisan crossfire of D.C. politicking is to break the federal grip on nutrition programs.
Why Are Lawmakers Crusading Against Surge Pricing in Restaurants?
Progressive politicians want to ban restaurants from adjusting prices based on demand—even when no one’s actually doing it.
They Face $1 Million in Fines—for Someone Else's Code Violations
Humboldt County, California's sketchy code enforcement scheme piles ruinous fines on innocent people and sets them up to lose.
Don't Panic Over Federal Cuts for Homeless Programs
The federal cuts amount to little more than a rounding error in most state or big city budgets.
According to Trump, He Has Already Saved 350,000 Lives by Murdering Suspected Drug Smugglers
There are several problems with the president's math, which suggests he has accomplished an impossible feat.
America's $30 Trillion Publicly Held Debt Is 42 Times Larger Than It Was in 1980
Democrats defend every entitlement and dream up new benefits. Republicans demand more defense spending and still more tax cuts.
When the Government Censored Dracula, Frankenstein, and King Kong
Remembering a monstrous era of American history
Man Accused of Soliciting Teen Girl Walks Because of Federal Overreach
The DOJ tried to claim jurisdiction because he drove on a road.
He Died of Thirst in Solitary Confinement. Now His Family Is Suing for Answers.
After 51-year-old Lamont Mealy was found dead in a Maryland prison cell, officials called it “natural causes.” His family’s lawsuit says guards intentionally shut off his water.
Apparent AI Hallucinations in Filing from Two >500-Lawyer Firms
Don't assume your firm is safe.
Trump's Appeal of His New York Convictions Highlights the Absurdity of Alvin Bragg's Convoluted Case
The Manhattan district attorney converted a hush payment into 34 felonies via a chain of legal reasoning with several conspicuously weak links.
The NBA's Integrity Problem Is a Cultural Issue—Regulating Sports Betting Won't Fix It
Plus: World Cup ticket prices and more government meddling in soccer
Congress Investigates TeaOnHer App for Letting Men Post About Women Without Their Consent
It sounds like something niche feminist bloggers might have taken up 10 years ago. But this is being led by Republican lawmakers in the House of Representatives.
Trump's Tariff Tantrum Proves He Shouldn't Have That Power
The Supreme Court is set to hear arguments in November on whether Trump's use of tariffs is constitutional.
Listening to Justice Barrett
My review of Amy Coney Barrett's Listening to the Law.
