Law & Government
Goldsmith's Sense and Edsall's Nonsense about the Supreme Court (Updated)
A New York Times column on the Supreme Court offers a misleading picture and errant analysis.
The Government Sent '20 Police Officers' With Riot Gear To Rearrest D.C. Sandwich Thrower, Says Attorney
A video by the White House corroborates that account, calling into question just how serious the president is about actually addressing crime.
D.C. Sues Pam Bondi and the Trump Administration for Replacing Police Commissioner
The latest escalation in the showdown between the Trump administration and D.C. elected officials
Colorado's AI Law Is a Cautionary Tale for the Nation
A rushed attempt to regulate artificial intelligence has left lawmakers scrambling to fix their own mistakes.
My New Bulwark Article on Trump's Unconstitutional Export Tax
The article explains why the policy is unconstitutional, but also why it is unlikely to be challenged in court in the near future.
Court Rejects Oklahoma Education Department's Lawsuit Over Letters from Advocacy Group
"How do Defendant's letters interfere with Plaintiffs' authority or ability to administer Oklahoma's public schools?"
Sanctions for Another Lawyer Filing AI-Hallucinated Material …
for "citing to fabricated, AI-generated cases without verifying the accuracy, or even the existence, of the cases" and "misrepresenting to the Court the origin of the AI-generated cases."
Was the Bill of Rights a Bad Idea? Some Founding Fathers Thought So.
Did they have a point?
Does the Congressional Review Act Bar the FCC's Data Breach Reporting Rule?
The Sixth Circuit wrestles with what it means for a regulation to be "substantially the same" as one disapproved by Congress.
Why the Supreme Court is Highly Unlikely to Overturn Obergefell in the Kim Davis Case
My Cato Institute colleague Walter Olson explains.
On the Status of Judicial Independence in the American Constitutional Order
My new paper on judicial independence as a constitutional construction.
Americans Misunderstand Social Security but Appear Open to Reform
Younger Americans seem ready to treat the program as a safety net, not a retirement plan.
Are Trump's Deportations Constitutional?
Glenn Greenwald debates Anna Gorisch on Trump's deportation policies.
Are Opinions Respecting En Banc Denials "Offensive to Our System of Panel Adjudication"?
The judges on the U.S. Court of Appeals for the Sixth Circuit split over whether they should write about the reasons for their splitting over en banc review.
Forget Obama: Trump's Pen and Phone Are Bigger Even Than FDR's
The president is on a record-shattering pace for executive actions.
After Another Delay, Trump's China Tariffs Look Even Less Like a Legitimate 'Emergency'
The words national emergency are not a magic spell that presidents can utter to unlock unlimited legislative powers for themselves.
Trump Asks Supreme Court To Bless Racial Profiling by Immigration Agents
The federal government has embraced unconstitutional tactics and now wants SCOTUS to do the same.
Tariff Rebate Checks Are a Bad, Inflationary Idea
If Sen. Josh Hawley and the Trump administration want to spare Americans the pain from tariffs, there is a far simpler solution.
Congress Spent At Least $27,500 on Poster Displays in 2 Months. Here Are 4 Ridiculous Examples and 1 Good One.
It's a drop in the bucket compared to the national debt, but any wasteful government spending should be eliminated.
Hotel Sex Trafficking Suit Can Proceed, Inviting Hotels to Profile and Harass Guests
Can a hotel be guilty of sex trafficking just because it didn't surveil its customers enough?
Justice Sotomayor on Supreme Court Term Limits
A bit of cold water on a popular Court "reform" from a justice on the left-wing of the Court
Sixth Circuit Rejects Associational Standing in Medicare Drug Pricing Challenge
An easy way to avoid the merits in the latest high-stake health care litigation.
Child Protective Services Investigated Her 4 Times Because She Let Her Kids Play Outside
A mom who trusted her kids to play outside ended up under repeated investigation.
They Fled Socialism and Came to the U.S. Legally. Now the Trump Administration Is Trying To Deport Them.
For years, the president has rightly railed against those oppressive regimes. So why is his administration targeting their victims?
A Terrible Environmental Law Finally Did Something Good: It Paused Construction of Alligator Alcatraz
A federal judge issued a temporary restraining order against any additional construction at the immigration detention center amid plans to increase the facility’s capacity to 4,000 detainees.
Divided D.C. Circuit Panel Nixes Judge Boasberg's Criminal Contempt Order Against Trump Administration
Judge Katsas and Judge Rao disagreed on the reasons, but both agreed that Judge Boasberg overstepped; Judge Pillard dissented.
The FBI Has No Business Tracking Down Texas Democrats
Using the FBI to track down AWOL Texas Democrats is an unnecessary expansion of federal law enforcement authority.
Apple CEO Tim Cook Has Learned the Rules for Getting Ahead in Trump's America
When the line between public and private is erased, politics is all about special favors. That's gross.
Religious Hiring: What Courts Should Do
Courts don't need to stretch the ministerial exception to cover every case.
Why Trump's Plan to Exclude Undocumented Migrants From Census Count Determining Apportionment of Congressional Seats is Unconstitutional
The Constitution requires apportionment to be based on a count of all "persons," excluding only "Indians not taxed."
Flickers of Hope for Afghans Caught in Legal Limbo
A federal court clears the way for a broader legal challenge to Trump’s refugee policies, even as Afghans in the U.S. face detention, expired protections, and rising fears of deportation.
Delaware Agency Sues Homeowners Because They Sued Allegedly Disabled Neighbors Over Nonconforming Fence
No, says a Delaware judge: "Civil rights statutes" "do not eclipse the constitutional protections of the right to petition the government."
Religious Hiring and Expressive Association
Does the First Amendment freedom of expressive association protect religious hiring?
How Protectionist Wine and Liquor Laws Violate the Constitution
The Commerce Clause protects free trade between the states.
Tiny Nations in the Crack of the Map
You could travel to a foreign country, or you could create your own.
Audit Finds $400 Million in Questionable Lease Spending After Maryland's Governor Bragged About Savings
A costly lease for the Maryland Department of Health, along with other findings in a state audit, raises questions about the millions in savings touted by Maryland Gov. Wes Moore.
The Government Seized 7 Horses From a Georgia 'Urban Cowboy.' A Court Says He Can Sue.
In a rare and significant decision, a federal court ruled Brandon Fulton can sue directly under the Takings Clause—without Congress creating a specific remedy.
Religious Hiring and Church Autonomy
Does the church-autonomy doctrine extend to hiring decisions outside the ministerial exception?
Federal Circuit Judges Question Trump's Discovery of Vast Tariff Powers
The president is claiming "unbounded authority" to impose import taxes based on a law that does not mention them.
Religious Hiring and Title VII's Religious Exemption
A textualist solution to controversies over religious hiring.
Trump's Immigration Crackdown Imperils the Fourth Amendment Rights of U.S. Citizens
A federal court says U.S. citizens “are likely to succeed in showing” that immigration agents violated their rights.
The Government Fined This Farm Over $550,000—Mostly for a Paperwork Violation
Joe and Russell Marino will finally get their day in court. The ruling represents a turning of the tide when it comes to the fairness of such proceedings, where agencies have long played both prosecutor and jury.
