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."
Law & Government
University of Florida Bans Professors From Testifying Against State Voting Law
"Outside activities that may pose a conflict of interest to the executive branch of the State of Florida create a conflict for the University of Florida," said the university in a statement.
OSHA (Finally) Issues Emergency Standard Mandating Large Employers Require Vaccination or Testing (Updated)
The federal standard contains some carve outs that were not part of the White House announcement, likely to help insulate rule from legal challenge. (Updated with a response to Ilya Somin.)
Supreme Court Seems Poised To Rule Against New York Gun Law
A majority of the Court voiced skepticism about the state’s conceal-carry licensing scheme.
School Board Sued for Censoring Residents and Erasing Criticism
The Pennsbury School Board is not only chilling speech, but also editing out community members’ critiques of the school board from YouTube videos of their meetings.
Congress Spends More on Defense Than the Next 10 Countries Combined
We can't afford to keep funding defense contractors' cost overruns.
A Tax Break for the Rich Could End up Being the Largest Part of the 'Build Back Better' Plan
Removing the cap on the state and local tax deduction would be a massive tax break for wealthy Americans who choose to live in high-tax states.
Manchin: Biden's New Spending Plan Relies on 'Shell Games' and 'Budget Gimmicks'
"I'm open to supporting a final bill that helps move our country forward, but I'm equally open to voting against a bill that hurts our country," Manchin says.
Kavanaugh Highlights Texas Abortion Law's Threat to 'Second Amendment Rights, Free Exercise of Religion Rights, Free Speech Rights'
The justice grilled a Texas official over the implications of his state’s abortion law.
Democrats Have a Lot of Bad Ideas for Tax Reform
Careful, thoughtful policy making is not ruling the day.
Supreme Court Agrees to Hear Case Challenging EPA Authority to Regulate Greenhouse Gases (Updated)
A surprising grant of certiorari places a high-stakes regulatory case on the Court's docket, with profound implications for EPA authority to regulate greenhouse gases.
TSA Owes $100 Million for Patent Infringement on Plastic Security Bins
When overly broad patents and the TSA clash, there are no heroes.
Josh Hawley Wants to Make the Supply Chain Crisis Permanent
If the power to his house went out during a storm, one assumes Hawley would declare electricity to be a mistake and demand that homes be lit with candles.
Biden's New Spending Framework Promises To Do Everything but Still Cost Nothing. That Doesn't Make Sense.
Plus: Facebook rebrands, McDonald's hikes menu prices, and more...
After Paid Leave Plan Gets Chopped, Biden Promises Revamped Spending Proposal
Plus: Six Flags arbitrage, Tom Cotton misleads about qualified immunity, and more...
Fifth Circuit Rebukes FDA for Regulatory "Switcheroo" in Denying Vaping Product Applications
Yesterday's decision eviscerated the Food and Drug Administration for its arbitrary and capricious handling of vaping product applications
Netflix Says Algorithm Is Protected by First Amendment in 13 Reasons Why Suicide Lawsuit
Is a required content warning or algorithm change a violation of the First Amendment?
Why State Common Law Nuisance Claims Against Fossil Fuel Companies Are Not Preempted
Nuisance claims may not be a particularly effective way to address the problem of climate change, but federal law does not preempt state common law nuisance claims seeking compensatory damages.
Manchin on Biden's Plan To Let IRS Snoop on Bank Transactions: 'It's Screwed Up'
Plus: RIP to political humorist Mort Sahl, a look at which households pay the largest share of sin taxes, and more....
Appeals Court Rules Social Media Companies Not Liable for Pulse Nightclub Shooter's Radicalization
"The plaintiffs failed to make out a plausible claim that the Pulse massacre was an act of 'international terrorism' as that term is defined in the ATA."
How the Government Seized a Rare Wu-Tang Clan Album (and a DAO Bought It Back)
Once Upon a Time in Shaolin, formerly owned by Martin Shkreli, was auctioned off by the government and bought by the blockchain/art enthusiasts at PleasrDAO.
Supreme Court Agrees to Fast Track Review of Texas Abortion Law
The justices will hear United States v. Texas and Whole Woman’s Health v. Jackson on November 1.
How Democrats Could Hide $2 Trillion in New Spending With Budget Gimmicks
Legislating with budget gimmicks is shameful, timid, risky, and opportunistic. Mostly, though, it's really expensive.
Gun Rights Activists Join Abortion Rights Activists To Fight Texas Abortion Law
The Texas law “could just as easily be used by other States to restrict First or Second Amendment rights,” the Firearms Policy Coalition tells SCOTUS.
The Second Amendment vs. the Seventh Amendment: The Terminal Decay of the Seventh Amendment and the Revival of the Second Amendment
The Second Amendment right is vibrant and prominent for many citizens. The Seventh Amendment right has shriveled to a husk of its former self.
Gas-Powered Lawnmower Ban, Mandatory Gender-Neutral Toy Aisles Among California's Weirdest New Laws
But at least state lawmakers also passed some useful criminal justice bills and policing reforms.
Anti-Amazon Congressman Appears Unfamiliar with the Concept of Store Brands
Amazon promotes products that mimic its competition? Welcome to more than a century of American retail practices.
The Second Amendment vs. the Seventh Amendment: Procedural Rights and the Problem of Incorporation
Recognizing the difference between substantive and procedural rights helps enormously in understanding the battles over applying the first eight amendments of the U.S. Constitution to the states. Procedural rights have failed; not only have they not improved procedures, they have made things worse.
Why Biden's $3.5 Trillion Spending Plan Would Be Worse for the Economy Than Manchin's $1.5 Trillion Proposal
Manchin's $1.5 trillion plan is still bigger than the Obama stimulus, and would be a major expansion of government's power to redistribute wealth.
The Second Amendment vs. the Seventh Amendment: The Distinction Between Substantive and Procedural Rights
Substantive rights have a core that can be meaningfully interpreted and protected; they can exist independently of a particular government or a particular legal system. Procedural rights lack such an independent core because they are necessarily embedded in a whole system of legal procedure, and they depend on that system for their meaning.
Illinois' Gerrymandered Congressional Map Is a Window Into America's Political Dysfunction
One of the big losers in the Illinois redistricting plan is Rep. Adam Kinzinger, a moderate Republican who voted to impeach Trump.
Holding Steve Bannon in Contempt
Congress prepares to assert its investigative authority.
The Second Amendment vs. the Seventh Amendment: Substantive vs. Procedural Rights; Part 1: Similarities and Differences
Although the affinities between the Second Amendment right to keep and bear arms and the Seventh Amendment right to civil jury trial seem strong, there are crucial differences. The first concerns individual accountability and the ability to understand responsibilities; the second concerns the distinction between substantive rights and procedural rights.
Public Defenders vs. Gun Control
A Supreme Court decision against New York's gun control scheme would be a victory for both criminal justice reform and the Second Amendment.
Child Marriage Prosecution Opinion as to the Lev Tahor Ultra-Orthodox Group, Described by Some as "Jewish Taliban"
Featuring Guatemala, New York, and Iran.
What Happened When UC Berkeley Met the California Environmental Quality Act
A state court has apparently placed a cap on UC Berkeley enrollment increases due to inadequate environmental review.
Are Biden Administration's Offshore Wind Plans Just a Fantasy?
Without attention to the onerous permitting process for offshore wind and other energy projects, efforts will be plagued by costly delays.
Sixth Circuit Concludes Local Tree Ordinance Constitutes an Unconstitutional Taking
Court finds that a Canton, Michigan ordinance requiring mitigation for tree removal constitutes an uncompensated taking.
Congress Raised the Debt Ceiling Again Without Doing Anything To Fix the $28 Trillion National Debt
Plus: Why "reforming" Section 230 makes little sense, the FDA finally admits vaping is safer than smoking, the U.S. will reopen its land borders with Canada and Mexico, and more...
Overheated and Inaccurate Commentary on Courts and Climate
Demand Justice's Balls and Strikes provides more heat than light.
Money for Listing Species Is Not Money for Recovering Species
Some environmentalists seem to care more about triggering endangered species regulation than endangered species conservation.
Bad Jobs Numbers Raise More Questions About Unemployment Insurance
Is the problem government cash or have we entered a new paradigm?
On the Sacketts and S.B. 8
Governments should not design laws and regulations to frustrate judicial review.
