Federal Courts Still Lack Authority to Issue Advisory Opinions
The U.S. Court of Appeals for the Sixth Circuit reminds us that there are limits to Article III.
Rule of law
The New FCC Chairman's Agenda Contradicts Conservative Principles
Brendan Carr’s plans for "reining in Big Tech" are a threat to limited government, free speech, free markets, and the rule of law.
Supreme Court Refuses to Resurrect the Kids Climate Case
Unsurprisingly, no justice showed any interest in reviving a lawsuit that should have died long ago.
During Trump's Second Term, the Supreme Court's Critics Will Be Grateful for Its Restraining Influence
The justices, including Trump's nominees, have shown they are willing to defy his will when they think the law requires it.
Trump Has Many Grudges. Now He Has a Chance To Act on Them.
In his second term, the former and future president will have more freedom to follow his worst instincts.
Trump Is Not Thoughtful Enough To Be a Fascist
The Republican presidential candidate’s views do not reflect any unifying principle other than self-interest.
"The Truth of Erasure"—A Defense of Universal Remedies
The Ohio Solicitor General's office defends universal vacatur under the Administrative Procedure Act
Supreme Court to Tackle Who Can Sue Agencies Where and for What
With today's cert grants, the Court now has four cases that address the issue of where suits can be filed against federal agencies and who can file them.
Justices Alito and Sotomayor on How Courts Read Dicta
An amusing and potentially revealing exchange in a recent oral argument.
Most Justices Seem Inclined To Uphold the ATF's New Restrictions on Homemade Firearms
The Supreme Court is considering whether a rule targeting "ghost guns" exceeds the agency's statutory authority.
Kannon Shanmugam on the Legitimacy of the Supreme Court
A prominent appellate practitioner responds to recent attacks on the justices and the Court.
A Last Ditch Attempt to Bring Kids Climate Case Back from the Dead
The plaintiffs in Juliana v. United States are seeking Supreme Court intervention to revive their case against the federal government.
Hair-Braiding Business Denied Permission To Operate Over Fears of Competition
Since when do government officials get to decide that a market is “oversaturated”?
'Too Much Law' Gives Prosecutors Enormous Power To Ruin People's Lives
In a new book, Supreme Court Justice Neil Gorsuch describes the "human toll" of proliferating criminal penalties.
Supreme Court Rejects Missouri's Attempt to Sue New York Over Trump Prosecution
Insofar as the justices split, it was due to long-standing disagreement over the nature of the Court's original jurisdiction.
The Behind the Scenes Wrangling in the Idaho Abortion Case
Joan Biskupic reports that the justices were initially inclined to back Idaho in the EMTALA case, until they realized the case was messier than they had thought.
Excessive Calls for Recusal Threaten Judicial Independence
Activists and politicians look for almost any excuse to claim that judges should withdraw from cases. Their calls for recusal may be frivolous, but it gives them an opportunity to criticize judges they don't like.
Determined To Avoid Presidential Paralysis, SCOTUS Endorses Presidential Impunity
We need not conjure "extreme hypotheticals" to understand the danger posed by an "energetic executive" who feels free to flout the law.
Why the Media Covered for Biden
Plus: A listener asks whether Bruce Springsteen's song Born in the U.S.A is actually patriotic.
Two SCOTUS Cases Show How an Unaccountable Administrative State Hurts 'Ordinary People'
Contrary to progressive criticism, curtailing bureaucratic power is not about protecting "the wealthy and powerful."
Supreme Court's Presidential Immunity Ruling Could Shield Outrageous Abuses of Power
By requiring "absolute" immunity for some "official acts" and "presumptive" immunity for others, the justices cast doubt on the viability of Donald Trump's election interference prosecution.
SCOTUS Rejects a Legal Interpretation Underlying Capitol Riot Charges
The decision also negates two counts of the federal indictment accusing Donald Trump of illegally interfering in the 2020 presidential election.
SCOTUS Repudiates Doctrine That Gave Agencies a License To Invent Their Own Authority
The Court says Chevron deference allows bureaucrats to usurp a judicial function, creating "an eternal fog of uncertainty" about what the law allows or requires.
Supreme Court OT2023 in the Final Stretch
The justices are rushing to close out the term before the end of June.
Critics Fundamentally Misconstrue the Supreme Court's Bump Stock Ruling
The case hinged on the ATF’s statutory authority, not the Second Amendment.
Abortion, Guns, and Hunter Biden.
Plus: A listener asks the editors about the Selective Service.
Supreme Court Upholds the Rule of Law by Rejecting the Trump Administration's Bump Stock Ban
Six justices agreed that federal regulators had misconstrued the statutory definition of a machine gun.
Should Donald Trump Have Been Convicted?
Plus: A single-issue voter asks the editors for some voting advice in the 2024 presidential election.
First Felon
Plus: The L.P. candidate for president, flooding in Brazil, TikTok influencers going after rich husbands, and more...
Trump's Conviction Suggests Jurors Bought the Prosecution's Dubious 'Election Fraud' Narrative
There was a glaring mismatch between the charges against the former president and what prosecutors described as the essence of his crime.
Alvin Bragg's Case Against Trump Presents a Tangle of Interacting Laws and Intent Puzzles
To convert a hush payment into 34 felonies, prosecutors are relying on a chain of assumptions with several weak links.
Justice Kavanaugh Tells Fifth Circuit that "Shadow Docket" Places Pressure on Supreme Court
Some interesting comments at the Fifth Circuit Judicial Conference
District Court Dismisses Genesis B. Kids Climate Suit Against the EPA
The district court recognizes that the plaintiffs lack standing, but grants them leave to amend.
Adler v. Chemerinsky on the U.S. Supreme Court
A civil discussion on the U.S. Supreme Court and its role in American life, past and present.
Ninth Circuit Puts An End to the Kids Climate Case
A unanimous panel orders dismissal of Juliana v. United States, bringing this zombie litigation to a close.
The Difference Between Justice and the Rule of Law
The two are not the same, and may sometimes be in conflict with each other.
SCOTUS Weighs the Risk of Presidential Timidity Against the Risk of Presidential Impunity
Most of the justices seem skeptical of granting Donald Trump complete immunity from criminal prosecution for "official acts."
The Alarming Implications of Trump's Immunity Claim
The Supreme Court will decide whether former presidents can avoid criminal prosecution by avoiding impeachment and removal.
Alvin Bragg Says Trump Tried To Conceal 'Another Crime.' What Crime?
The leading possibilities are all problematic in one way or another.
Randy Kozel on the Law of En Banc Review
A welcome paper analyzing the practice of en banc review on the federal circuit courts.
The Supreme Court's Grant in Trump v. U.S. (UPDATED)
The justices reframed the question presented in the case and expedited its consideration.
SCOTUS Ponders the Implications of Prosecuting Gun Owners for a Crime Invented by Bureaucrats
Several justices seemed troubled by an ATF rule that purports to ban bump stocks by reinterpreting the federal definition of machine guns.
A Bad Week for Team Kraken in Court
The Supreme Court snubbed Sidney Powell and a court orders Mike Lindell to pay up.
Alvin Bragg Is Trying To Punish Trump for Something That Is Not a Crime
The essence of the case, the Manhattan D.A. says, is that Trump "corrupt[ed] a presidential election" by concealing embarrassing information.
The D.C. Circuit Unanimously Rejects Trump's Audacious Presidential Immunity Claim
The appeals court says it "cannot accept that the office of the Presidency places its former occupants above the law for all time thereafter."
DOJ Files Petition for Writ of Mandamus to End Juliana Climate Litigation
The Justice Department is wasting no time seeking to put this zombie litigation out of its misery, and the plaintiffs are not happy about it.
Biden Reportedly Is Planning To Unilaterally Mandate Background Checks for All Gun Sales
A watchdog group cites ATF "whistleblowers" who describe a proposed policy that would be plainly inconsistent with federal law.
12 Senators Urge the DEA To Legalize Marijuana, Which Only Congress Can Do
Under the Controlled Substances Act, the agency does not have the discretion to "deschedule marijuana altogether."
