A Federal Jury Delivers a Rebuke of FBI Entrapment
The agency’s tactics doomed the prosecution of defendants who allegedly planned to kidnap Michigan's governor.
Law & Government
Democrats Might Soon Rediscover the Value of the Filibuster
Some liberal political analysts are warning that Republicans will gain a big Senate majority over the next two elections.
Why Johnny Depp Is Suing Amber Heard in Virginia
The Pirates of the Caribbean actor is taking advantage of the state's lax laws that make it easier to file frivolous lawsuits intended to quell speech.
Texas Prosecutors Blatantly Ignored the Law When They Charged a Woman With Murder 'by a Self-Induced Abortion'
As Starr County District Attorney Gocha Allen Ramirez belatedly conceded, that charge is explicitly prohibited by the Texas Penal Code.
The Case for Pursuing the Issue of Russian War Crimes in Ukraine - Even Though Putin is Highly Unlikely to Ever be Tried and Punished
Putin and other Russian leaders are likely guilty of massive war crimes. And there is real, though limited, value to pursuing the issue.
COVID Stimulus Checks Worsened Inflation
Four economists at the Federal Reserve say America's high rate of inflation relative to the rest of the world is the result of surging disposable income during the pandemic.
My NBC Article on the Confirmation of Supreme Court Nominee Ketanji Brown Jackson
It explains why many of the reasons GOP senators gave for opposing Jackson were ridiculous, but also that there is nothing inherently wrong in opposing a qualified "mainstream" nominee based on differences over judicial philosophy.
From Pat Toomey to Dr. Oz: The Pennsylvania Senate Race Reflects the GOP's Descent Into Madness
Donald Trump's staying power and the decline of fusionism are on full display in this primary race.
Fresno Bans Journalists—and Everyone Else—From Filming Cops Clearing Out Homeless Camps
The ACLU of Northern California is suing to overturn the ordinance.
When Will Democrats Get Serious About Repealing Pot Prohibition?
Instead of building on Republican support for federalism, they seem determined to alienate potential allies.
Judge Bill Pryor Challenges Common-Good Constitutionalism
A recent lecture defends Originalist judging against its upstart conservative rival.
Elizabeth Warren's Wealth Tax Would Hurt More Than Just the 'Tippy Top'
Wealth tax proponents claim only super rich people would be affected. But to raise the revenue Warren, Sanders, and Biden want, they'd have to tax the "working rich"—doctors, lawyers, and other hardworking high earners.
Did Ketanji Brown Jackson Flout the Law When She Reduced a Drug Dealer's Sentence?
The Supreme Court nominee's critics say she clearly did, but several federal appeals courts disagree.
One Cheer for Stephen Breyer
Breyer led the charge against the court packers, denouncing them as shortsighted ideologues who threatened both judicial independence and bedrock liberal values.
My Appearance on Prof. Eric Segall's "Supreme Myths" Podcast
We discussed my book "Free to Move," the state of originalism, and other issues.
The House Just Approved Marijuana Legalization Again, but GOP Support Remains Nearly Nonexistent
Just three Republicans voted for the MORE Act, two fewer than in 2020.
Florida Sued by Activists, Students, Parents, and Teachers Over LGBT School Censorship Bill
The vague wording of the bill has led to a culture war fight about what the text means, and that’s never good for the First Amendment.
In Afghanistan, Private Aid Fills Void Left by Bureaucratic Failure
Small, private groups are working to feed the hungry and evacuate the endangered.
Veggie 'Meat' Maker Tofurky Wins Free Speech Challenge to Food-Labeling Law
Plus: Meta's campaign to smear TikTok, new research on immigrants and welfare, and more...
Deadly Pot Shop Robberies Underline the Need for Marijuana Banking Reform While the Senate Dithers
Majority Leader Chuck Schumer worries that approving the SAFE Banking Act would make broader changes less likely.
Here Is Why a Federal Judge Says Trump Probably Committed Felonies When He Tried to Overturn Biden's Election
A ruling in a dispute over emails sought by the January 6 committee agrees that Trump's actions likely violated two federal laws.
Louisiana Supreme Court Allows Police Officer's Lawsuit Against Black Lives Matter Organizer
DeRay Mckesson didn’t cause or encourage violence against police in Baton Rouge in 2016. The court says he can still be held responsible.
COVID Revealed America To Be a Nation of Rulers, Not of Laws
Life is returning to "normal" after two years, but that normal includes even fewer limits on executive powers.
My New Article on "Nondelegation Limits on COVID Emergency Powers: Lessons from the Eviction Moratorium and Title 42 Cases"
The eviction moratorium and Title 42 "public health" expulsion cases have many parallels that may have been ignored because of their differing ideological valence. Both strengthen the case for nondeferential judicial review of the exercise of emergency powers.
Ketanji Brown Jackson's 'Partial Tribute to the Judicial Philosophy of Originalism' Earns Conservative Praise
“I believe that the Constitution is fixed in its meaning,” said the Supreme Court nominee.
50 Years After Nixon's Commission Said Cops Should Stop Busting Pot Users, the Federal Ban Remains Unchanged
But 37 states allow medical or recreational use, and arrests are falling.
Progressive Lawmakers Ask Joe Biden To Do Their Jobs for Them With Executive Orders
Someone might want to remind them that Democrats have a majority in both congressional chambers.
This Jail Won't Provide Drug Addicts With Essential Meds
Inmates with opioid addiction suffered severe withdrawal after the Jefferson County Correctional Facility stripped them of their medication.
3 Questions for Supreme Court Nominee Ketanji Brown Jackson
The SCOTUS contender should discuss her views on congressional power, unenumerated rights, and qualified immunity.
Occupational Licensing Hurts the Vulnerable Without Helping the Public
Hispanics get slammed the hardest by licensing requirements that regulators can’t justify.
The New York Times Belatedly Admits the Emails on Hunter Biden's Abandoned Laptop Are Real and Newsworthy
A year and a half after the New York Post broke the story, the Times says it has "authenticated" the messages it previously deemed suspect.
Islamic Prenuptial Agreements in American Courts
The key is that they are agreements, enforceable under American law as non-religious agreements are.
Fifth Circuit Stays Erroneous District Court Injunction Against Social Cost of Carbon Estimates
In a brief per curiam opinion, the Fifth Circuit concludes the plaintiff states lack standing to press their claims.
'Grow Up': Yale Law School Students Interrupt Event, Demand Right To Talk Over Speakers
"FedSoc's decision to lend legitimacy to this hate group...profoundly undermined our community's values of equity and inclusivity."
We Can't Fund COVID Treatments for the Uninsured Because We Spent Trillions of COVID Aid on Wasteful Garbage
Congress used the COVID-19 pandemic as an excuse to throw money around in ways that would be comedic if the results weren't so tragic.
California NIMBYs Are Ruining U.C. Berkeley. Stop Them Before They Kill Again.
A California Supreme Court decision freezing enrollment at the state's flagship university is focusing the public's fury on the normally obscure, but incredibly consequential, California Environmental Quality Act.
Opponents of the Texas Abortion Ban Still Have Ways To Challenge It
Although a Texas Supreme Court ruling ended the main challenge to the law, other cases could ultimately block its enforcement.
Greenwashing Borders
For years, immigration restrictionists have borrowed arguments from the environmentalist fringe to make their case against allowing immigration to developed nations.
Earmarks Are Back, and They're Just as Sleazy and Secretive as Ever
Lawmakers packed $8 billion of pork into the omnibus bill that passed Congress last night.
