D.C. Circuit Upholds the Bump Stock Ban, Saying It Is Consistent With the 'Best Interpretation' of the Law
It is hard to see how, given the contortions required to deliver the unilateral prohibition that Donald Trump demanded.
It is hard to see how, given the contortions required to deliver the unilateral prohibition that Donald Trump demanded.
Regulators imposed the ban based on a highly implausible and counterintuitive reading of federal law.
In his Dobbs concurrence, the senior associate justice reiterates his outlying views on precedent and his belief that all substantive due process decisions were "demonstrably erroneous."
The justices hear fewer cases and decide fewer questions than they used to.
"When those charges are brought, these people are guilty," Lightfoot said.
We will get opinions on Monday, but the Court will have to average more than two opinions per day to finish before July 4.
With thirty-three opinions in argued cases yet to issue, the Supreme Court is well behind the usual pace.
Language in the American Rescue Plan Act prohibits states from using the funds "directly or indirectly" to offset lost revenues from tax cuts.
A revealing interview on the Supreme Court, Chief Justice Roberts, climate change, and Tribe's tweeting habits.
A belated 2021 lecture sponsored by the Georgetown Center for the Constitution
The president’s COVID-19 adviser embodies the arrogance of technocrats who are sure they know what’s best for us.
The Biden administration's main priority seems to be leaving the agency's authority vague enough to allow future interventions.
That's a fundamentally anti-democratic attitude.
Clarifying the agency's authority could impede future power grabs.
The decision against the rule hinged on whether the agency had the power it asserted.
Starr County District Attorney Gocha Allen Ramirez has yet to explain how this egregious error escaped his notice.
As Starr County District Attorney Gocha Allen Ramirez belatedly conceded, that charge is explicitly prohibited by the Texas Penal Code.
The question for the Supreme Court was not whether the policy was wise but whether it was legal.
S.B. 8 relies on litigation tricks that conservatives have long condemned as a threat to the rule of law.
Thwarted politicians rant, pout, and are outraged by anybody who pushes back.
The president seems determined to anoint the agency’s director as the nation’s COVID-19 dictator, no matter what the law says.
The Court said it "strains credulity" to believe that Congress gave the CDC the "breathtaking amount of authority" it asserted.
Taking the "public" out of public service
The administration issued the order even while conceding that it lacked the authority to do so.
It could, if it actually had the vast public health powers that the Biden administration claims it does.
Brett Kavanaugh, who provided a crucial fifth vote, said he agrees that the CDC does not have the authority to override rental contracts.
The agency’s legal defense of its eviction moratorium implies that it has vast powers to order Americans around.
Legal scholar Dan Farber explains how the vast executive discretion created by current immigration law is incompatible with rule-of-law principles.
A new book documents that newcomers revitalize beliefs in hard work, property rights, and the rule of law.
These proposals augment those made in Paul Rosenzweig and Vishnu Kannan's important recent article on the subject.
A list of reforms to help restore the rule of law in a post-Trump Washington.
The right's response to the coronavirus lockdowns brings out a longstanding American paradox.
Courts are beginning to recognize that public health powers, while broad, are not a blank check.
The Senate minority leader threatened two justices by name, and then he lied about it.
The president remains frankly puzzled by the distinction between can and should.
The Fox News legal analyst is driven by principle, not power. That's a rare commodity in today's environment.
Putin has every intention of staying in charge.
Trump is just who he said he'd be four years ago. By rallying around him, Republicans are choosing to brand themselves in his image.
When "almost anyone can be arrested for something," no one is safe.
A recent dissenting opinion by Supreme Court Justice Neil Gorsuch highlights some of the dangers of the enormous scope of modern criminal law.
Since the accessories are legal, Attorney General Jeff Sessions is helping the president rewrite the law.
My new Penn Regulatory Review article explains why widespread claims that Trump is a deregulator are undermined by his immigration policies, which include increases in regulation that outweigh reductions he may have achieved elsewhere.
In theory, yes. But not in the world we actually live in, where law enforcement is already rife with numerous discretionary decisions made unavoidable by the fact that we have far too many laws.
Neo-Malthusianism in the Sunday New York Times
Once the trust in checks and balances is eroded, it's difficult to regain.
Nigeria will have a higher population than the U.S. by mid-century, when one in four people on Earth will live in Africa.