The Bipartisan Senate Gun Control Bill Would Unjustly Deprive Americans of Their Second Amendment Rights
The legislation prohibits firearm sales based on juvenile records and subsidizes state laws that suspend gun rights without due process.
Law & Government
Sotomayor vs. Roberts on Religion, Schools, and the First Amendment
“A State violates the Free Exercise Clause when it excludes religious observers from otherwise available public benefits,” the Supreme Court held.
Environmental Protection Agency
EPA Pushes Back Power Plant Greenhouse Gas Regulations While Awaiting Supreme Court Ruling
No matter how the Supreme Court rules in West Virginia v. EPA, absent legislative action it is unlikely new power plant rules will be in force before 2024.
My NBC News Article on Today's Supreme Court Ruling Barring Discrimination Against Religious Schools in Maine School Choice Program
The decision is an important victory for both the principle of nondiscrimination and parents and students seeking better educational opportunities.
Federal COVID Aid to States and Localities Cost $855,000 Per Job Saved
A new paper reveals that the state and local bailout was not only unnecessary but incredibly wasteful.
Gorsuch and Alito Butt Heads in Another Criminal Justice Case
According to Alito, Gorsuch’s opinion “veered off into fantasy land.”
#TheyLied Prosecution Over Alleged Perjury and Faked Evidence
The defendant is one Rovier Carrington, who "sued Hollywood executives alleging that the executives had sexually assaulted him, and that they had defrauded him in connection with a decision to refuse to produce [his] reality television program."
School Choice and Religious Liberty Advocates Just Won Big at the Supreme Court
States may not "exclude some members of the community from an otherwise generally available public benefit because of their religious exercise,” says SCOTUS.
Exclusion of Religious Schooling from Generally Available School Choice Programs Generally Unconstitutional,
except for the training of the clergy, holds the Supreme Court.
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...
