Is Dr. Oz Fit To Join the U.S. Senate?
The TV personality's extensive history of promoting dubious nostrums suggests that he isn't.
Law & Government
The Laissez Faire Origins of the Supreme Court's Abortion Precedents
“All of those…just come out of Lochner.”
CMS Vaccine Mandate for Health Care Workers Enjoined Nationwide
Two district courts have granted injunctions against the rule requiring vaccines for workers at Medicare and Medicaid providers, one nationwide.
Abortion, Marbury v. Madison, and What's "Written in the Constitution"
The oft-heard argument that something isn't "written in the Constitution" is not as compelling as it might seem. Sometimes, it's outright false.
Biden's Build Back Better Act Will Likely Cost Twice as Much as the CBO Projects. Here's Why.
If all the Build Back Better plan's proposals were made permanent, the final price tag would be $4.8 trillion and the bill would add about $2.8 trillion to the deficit.
No Preliminary Injunction for Health Care Workers Seeking Religious Exemption from Vaccine Mandate
The defendant hospital might be violating Title VII by denying the exemption (especially since it "changed its policy in an arguably arbitrary manner")—but the employees' remedy would be to sue for damages from being fired, and not to get a preliminary injunction ordering that they not be fired.
Federal Court Rules Takings Clause May Require Compensation when Police Destroy an Innocent Person's Home in Process of Pursuing a Suspect
The decision is at odds with rulings by some other federal courts, and could end up setting an important precedent.
Passing the Spending Bill Could Doom Biden's Presidency
Biden’s presidency is already failing. Build Back Better wouldn't help.
San Diego Schools Must Allow Religious Exemptions from COVID Vaccination So Long as They Allow Exemptions for Pregnant Students
That at least is the temporary injunction pending appeal, just issued Sunday.
No Mass Transit Grants for California, Biden Administration Rules
California, which offers some of the most generous pension benefits in the country to its public workers, apparently isn't paying them handsomely enough, the federal Department of Labor says.
Ahmaud Arbery's Alleged Murderers Almost Escaped Charges, Thanks to Prosecutorial Misconduct
As the trial wraps up, it's important to remember that the first prosecutor on the case, Jackie Johnson, has been indicted for violating her oath of office.
The Biden Administration Is Asking an Appeals Court to Lift the Order Blocking OSHA's Vaccine Mandate
The government argues that the 5th Circuit erred in concluding that the rule "grossly exceeds OSHA's statutory authority."
Thousands Beg President Joe Biden for Mercy as He Pardons a Couple of Turkeys
The annual photo op takes on cruel undertones as drug offenders continue to suffer under harsh federal prison sentences.
The First Amendment Protects Everyone, Even Facebook and Twitter
Florida passed a law to stop big tech “censorship.” But the law itself tramples First Amendment rights.
EPA/Army Corps Propose to Formalize Waters of the United States Definition
Perhaps surprisingly, the Biden Administration is not pushing an expansive interpretation of federal regulatory jurisdiction under the Clean Water Act.
Will Massachusetts Make Life Sweeter for Home-Cook Entrepreneurs?
It's oppressively hard, if not impossible, to sell homemade food in the Bay State. One lawmaker proposes massive regulatory reform.
House-Passed 'Build Back Better' Plan Aims To Curb Methane Emissions by Hiking Heating Prices
The Congressional Budget Office projects that the tax will raise nearly $8 billion over the next 10 years. That money will come out of consumers' wallets.
After 20 Years of Failure, Kill the TSA
The agency is far more of a threat than the dangers from which it supposedly protects us.
CBO: Biden's 'Build Back Better' Plan Will Add $367 Billion to the Deficit
The Congressional Budget Office's analysis of the bill is unlikely to prevent its passage through the House. A vote could happen later tonight.
Will Sixth Circuit Take OSHA ETS Case En Banc? (Updated)
A petition has been filed asking the full court to hear the legal challenges to the OSHA COVID-19 vaccinate-or-test mandate.
A Federal Judge Denied Trump's Claims of Permanent Executive Privilege
In denying the former president's claims of executive privilege, a federal judge sets a blueprint which should apply to sitting presidents as well.
Prosecution Rests in Ahmaud Arbery Murder Trial
Plus: The View eats its own, NPR ignores a victory for Asian-Americans, and more...
Challenges to OSHA Vaccine-or-Test Standard to Be Heard by Sixth Circuit
As a result of the multi-district litigation lottery process, all of the challenges will be heard in a single circuit.
Divided Sixth Circuit Refuses to Stay FDA's Denial of Vaping Product Application
In rejecting Breeze Smoke's application for a stay of the FDA's rejection of their product applications, the Sixth Circuit disagrees with the Fifth Circuit.
Assessing the Fifth Circuit's Decision Staying OSHA's Vaccinate-or-Test Emergency Temporary Standard
While the court identified serious problems with the new OSHA regulation requiring larger employers to vaccinate or test their workers, its opinion was rushed and sloppy.
This Republican's Marijuana Legalization Bill Aims To Build Bipartisan Support for Repealing Federal Prohibition
Rep. Nancy Mace is touting "a framework which allows states to make their own decisions on cannabis."
Originalism and the Result in Dobbs
Would the outcome in Dobbs put originalism in doubt?
Extending Its Stay, the 5th Circuit Says OSHA's Vaccine Mandate Is 'Fatally Flawed'
A unanimous three-judge panel concludes that the decree "grossly exceeds OSHA's statutory authority."
Should Israel-Boycotting Businesses Lose Kosher Certification?
Doesn't seem right to me, but I'd love to hear what people who know more about Jewish religious law think about it.
A Federal Vaping Tax Is Bad Policy and Bad Politics
The proposed vaping tax has caused a third Democrat to join Sens. Joe Manchin and Kyrsten Sinema in opposing the bill.
D.C. Circuit Concludes Trailers Are Not "Motor Vehicles"
A partially divided panel concludes the Environmental Protection Agency may not regulate trailers as “motor vehicles.”
DC Circuit Temporarily Blocks Release of White House of January 6 Documents
A panel of the court will hear Trump’s challenge to the release of material on an expedited basis.
SCOTUS Has Made It Practically Impossible To Sue a Rights-Violating Federal Officer
A new case asks whether a Border Patrol agent may be sued for alleged First and Fourth Amendment violations.
Let's Not Have a Bunch of Posturing Politicians Decide How Online Algorithms Should Work
The latest bill to “fight big tech” could turn your online experience into a miserable slog.
"Zombie" Voting at the Federal Trade Commission
The FTC is apparently taking actions based upon votes cast by a Commissioner who is no longer on the Commission.
District Court Rejects Trump's Executive Privilege Claim for January 6 Records (Updated)
In a well-reasoned opinion, the district court rejects the former President's efforts to prevent the release of information by the National Archives to the January 6 Committee.
Sixth Circuit Takes Michigan COVID Mask Rule En Banc
The full court will consider the proper standard for judicial review of COVID restrictions in religious institutions.
Rep. Paul Gosar's AOC Anime Video Is Protected by the First Amendment
Plus: Moderna claims full credit for vaccines, 19 percent of university job openings require DEI statements, and more...
Videos Are Making It Hard To Trust the Cops
It’s difficult to avoid the suspicion that the powers-that-be habitually lie about their conduct.
America's Ports Need More Robots, but the $1 Trillion Infrastructure Bill Won't Fund Automation
The one thing that would most help increase efficiency at America's lagging ports is also the one thing that Biden's union allies dislike the most.
Biden's Build Back Better Plan Contains One Potentially Helpful Housing Program
Funding for affordable housing and grants to incentivize streamlining zoning laws could represent a policy win for YIMBYs.
Here Are the Arguments That Persuaded the 5th Circuit To Block OSHA's Vaccine Mandate for Private Employers
The appeals court said the rule, which was published on Friday, raises "grave statutory and constitutional issues."
Congress Finally Passed Biden's Inefficient, Deficit-Hiking Infrastructure Bill
It's one of the most expensive legislative packages in American history, but the $1.2 trillion bill will end up doing far less than it otherwise could have.
Could the OSHA Vaccine-or-Test ETS Fall Prey to the Congressional Review Act?
Several Republicans are seeking to overturn the new OSHA rule. Despite the razor-thin margins in both Houses, a repeal resolution will not get enacted.
Biden Administration Imposes Vaccine Mandate on Health Care Facilities that Participate in Medicare or Medicaid
The Center for Medicare and Medicaid Services has adopted a more stringent rule for health care providers than OSHA is imposing on large employers.
The Details of OSHA's Vaccination Rule for Private Employees Suggest Several Ways It Could Be Vulnerable to Legal Challenges
Federal courts will have to decide whether the rule is "necessary" to protect workers from a "grave danger."
