The Filibuster Will Survive Because a Few Democrats Are Smart Enough Not To Kill It
Sen. Kyrsten Sinema is right: Democrats have more to lose by ending the filibuster than by putting up with it.
Law & Government
Is Microsoft 'Out To Get Conservatives'? And Is That Jim Jordan's Business?
Plus: Biden to back bill ending crack/cocaine sentencing disparity, the truth about tech startup creation, and more...
Colorado Court Slaps Baker With Fine for Refusing To Make Gender Transition Cake
Plus: Georgia's voting roll purge draws media hype, Florida's drug law hypocrisy, and more...
Biden's Nominee to Head the ATF, Who Wants Congress to Ban 'Assault Weapons,' Says He Can't Define Them
David Chipman's obfuscation, like the president's vagueness, is aimed at concealing the illogic of targeting firearms based on their "military-style" appearance.
Juneteenth Is a Good Holiday. Of Course the Government Is Screwing It Up.
Yet more evidence that we are ruled by incompetents.
Supreme Court Rules Philadelphia Can't Force Catholic Agency To Serve Gay Foster Parents
No justices disagreed, but Alito, Gorsuch, and Thomas object that the majority is sidestepping a debate over when laws can overrule religious beliefs.
When Does the Free Exercise Clause Mandate Religious Exemptions?
The outcome of today's Fulton v. City of Philadelphia.
BREAKING: SCOTUS Holds 7-2 Texas Lacks Standing to Press Obamacare Claim (Updated)
The Supreme Court properly concludes that there is no standing to challenge a legal provision that has no effect.
The Real Enemies of Democracy
Putting criticisms of the Senate, Electoral College, and Supreme Court in perspective.
Sen. Cynthia Lummis: Why I'm All In on Bitcoin
The Wyoming Republican believes bitcoin provides a serious alternative store of value, will spur renewable energy, and just might save the dollar.
Repealing the 2002 AUMF Won't Be Enough To End Forever Wars
Repealing the law that allowed America to depose Saddam Hussein won't stop us from waging war elsewhere.
The PRO Act Empowers Union Bosses, Not Workers
If workers were as eager to join unions as President Joe Biden seems to think, they wouldn't need a more powerful NLRB to encourage that outcome.
California Wants To Throw $100 Million at Its Mismanaged Retail Marijuana Sector
Lawmakers want to pay cities to help cannabis businesses navigate the state’s oppressive bureaucracy.
Legislators Demand a Voice in Public Health Restrictions
The COVID-19 pandemic showed the dangers of letting governors unilaterally, dramatically, and indefinitely magnify their own powers.
Biden Campaigned on Ending the Death Penalty. His Justice Department Wants To Execute the Boston Marathon Bomber Anyway.
A new brief asks the Supreme Court to reinstate Dzhokhar Tsarnaev’s death sentence.
State Legislators Want to Nullify Federal Gun Control
State legislators across the country are working to weaken the enforcement of federal gun laws by emulating immigration activists.
Senate Bill Would Ban Judges from Using Acquitted Conduct at Sentencing
The little-known but outrageous practice allows federal judges enhance defendants' sentence based on conduct a jury acquitted them of.
The $1.9 Trillion American Recovery Act Could Have Huge Implications for State Tax Policies
Six different states are already suing over a broad prohibition on tax cuts that was slipped into March's $1.9 trillion COVID relief bill.
No Heckler's Veto: Court Reverses $1.5M Nuisance Verdict Against Abortion Clinic, Which Was Chiefly Based on Actions of Protesters and Arsonists
A new decision from the Georgia Court of Appeals.
The PRO-SPEECH Act Is Anything but First Amendment-Friendly
The law would make a federal case out of every aggrieved internet user and compel companies to host messages they do not wish to platform.
The $2 Drug Test Keeping Inmates in Solitary
Reason tried out the field test kits used to test for drugs in prison. They were unreliable and confusing.
Keystone Pipeline's Cancellation Shows How Arbitrary Presidential Power Subverts the Rule of Law
Citizens and companies increasingly cannot count on the stability of the law when making decisions about their lives and businesses.
Judge Denies Request for Injunction to Keep Baseball All-Star Game in Georgia
The disastrous oral argument produced a quick ruling from the bench.
The 'California Dream' Isn't Dead. Yet.
California’s problems are indeed daunting, but even troubled San Francisco is still a lovely city.
The 9th Circuit Considers Whether the DEA's Classification of Marijuana Violates Federalism and the Separation of Powers
The puzzle of marijuana's Schedule I status invites a reconsideration of the agency's vast discretion to decide which substances should be prohibited.
Gorsuch Pushes Stronger Fourth Amendment Protections
Can a cop enter a suspect's home without a warrant if they're in pursuit and have probable cause to believe the suspect has committed a misdemeanor?
3 Young Minnesotans Sue the State for Their Right To Bear Arms
A new lawsuit challenges Minnesota's law requiring a person be at least 21 years old to carry a handgun.
Empowered by Voters, Pennsylvania Legislators Are Poised To End the Governor's 15-Month COVID-19 Emergency
The resolution is part of a broader movement to rein in executive power during emergencies.
Ohio Seeks To Declare Google a Public Utility
Plus: How Facebook killed blogging, the trouble with so-called common good originalism, and more...
Insane Lumber Prices Show How Governments Break Economies
Lockdowns, tariffs, and other market interventions made wood an expensive commodity.
Ron DeSantis Is Celebrating Twitter's Ban of Rebekah Jones. His Own Big Tech Law Could Force Them To Replatform Her.
Jones has been accused of fabricating her COVID-19 cover-up claims. Now she says she's running for Congress.
The Trouble With 'Common Good Originalism'
A new conservative faction embraces "authoritative rule for the common good."
The Senate's Industrial Policy Bill Is a Debt-Financed Corporate Giveaway That Lobbyists Love
The U.S. Innovation and Competition Act is a lobbyist-crafted proposal that funnels emergency spending to politically connected special interests.
The Federal Government Has Spent $46 Billion on Emergency Rental Assistance. The Rollout Has Been a Hot Mess.
Crashing website and impenetrable government bureaucracy greet the tenants and landlords trying to access billions in federally funded rent relief.
Detrimental Reliance and Stare Decisis
Insightful thoughts from Dean Vik Amar relevant to Ramos v. Louisiana
Can Republicans Be Persuaded To Restrict Qualified Immunity?
Polling shows a sharp partisan divide on the issue, but it also suggests that compromise might be possible.
Gov. Gavin Newsom Clings to COVID-19 Emergency Powers
The state is scheduled to ease its lockdowns on June 15. But Newsom still wants the power to control the terms.
Legal Conventions and Criminal Law
Substantive criminal law consists of more than statutes and formal common law.
There Still Aren't Enough People Getting Back to Work
Using the process of elimination, the culprit seems clear.
New York Will Put To-Go Cocktails on Ice
Special interests are trying to stuff newfound alcohol freedom back in the bottle as the pandemic ends.
Why Is the East Side Poorer than the West Side?
A new paper suggests that pollution (and prevailing winds) may be part of the answer.
Public University Threatens To Monitor and Punish Off-Campus Student Behavior
Doing the wrong thing at an off-campus party could lead to on-campus consequences.
Why Would Republicans Want a Credible, Nonpartisan Investigation of the Capitol Riot?
From Mitch McConnell's perspective, an independent commission can only mean trouble.
The FBI Took Their Safe Deposit Box and Everything Inside It. Two Months Later, They're Still Waiting for It To Be Returned.
"When you've done nothing wrong, you shouldn't be subjected to an investigation," says Paul Snitko, whose box was seized in a March 22 FBI raid of a Beverly Hills business.
