A 2007 Debate Provoked by Richard Posner Illuminates the Current Clash Over Judicial Power in Israel
The appeals court judge argued that the Israeli Supreme Court had usurped the role of legislators.
Rule of law
'I Owe Freedom My Life': Jimmy Lai Is Imprisoned for Criticizing the Chinese Government
Lai's media company covered the Communist government's abuses when other Hong Kong media wouldn't.
President Biden: Supreme Court Is Not "Normal," But Should Not Be Expanded
The President strongly criticized the Supreme Court's recent decisions, but refuses to endorse radical reform.
Supreme Court Confirms That State Legislatures Can't Ignore the Constitution When Writing Election Rules
Chief Justice John Roberts decisively rejected the independent state legislature theory.
Economic Freedom Is Declining in the U.S.
We once ranked No. 4 in the world, according to the Heritage Foundation. Now we're 25th.
DeSantis Complains About the Weaponization of State Power. He Should Reexamine His Own Record.
If the Florida governor wants better behavior, he should model better behavior.
Does a Footnote in Sackett II Indicate How SCOTUS Will Resolve the Affirmative Action Cases?
Could the Court treat Justice Powell's Bakke opinion the way it treated Justice Kennedy's Rapanos opinion?
The Perils of 'Rule by Indefinite Emergency Edict'
Supreme Court Justice Neil Gorsuch highlights a vital lesson from the COVID-19 pandemic.
Do the Natcons Get Anything Right?
Plus: A listener asks if the Roundtable has given the arguments of those opposed to low-skilled immigration a fair hearing.
The Post-Liberal Authoritarians Want You To Forget That Private Companies Have Rights
J.D. Vance and Co. are trying to give themselves permission to wield public power unconstitutionally.
Vivek Ramaswamy Thinks 'Wokeness Is a Cultural Cancer'
Why the businessman launched a long shot campaign for the presidency.
Trump's Disregard for the Rule of Law Is at Least As Bad As Biden's
The former president reminds us that claiming unbridled executive power is a bipartisan tendency.
Trump Hopes His Own Delusions Will Protect Him From Criminal Charges
The former president says he did not solicit election fraud; he merely tried to correct a "rigged" election. And he says he did not illegally retain government records, because they were his property.
'It's Like Stockholm Syndrome': Gloria Álvarez Is Trying To Save Latin America From Socialism
"If there is freedom, private property, rule of law, then Latin Americans thrive," says the social media star.
Kavanaugh v. Gorsuch -- The Return
Today's opinions are a requel to prior splits among the most recent Republican appointees to the Supreme Court.
Abortion, Guns, Trump, and the New Era of Shout-Down Politics
Plus: The editors respond to a listener question concerning corporate personhood.
Most Americans Say New York Charges Against Trump Are 'Serious'
Headlines about the 34 alleged felonies seem to have obscured newly revealed information about the weakness of the charges.
The Israeli Fight Over Judicial Review Highlights the Dangers of Unconstrained Democracy
Opponents of the proposed reforms are right that unlimited majority rule is a recipe for tyranny.
Of Course, the Trump Indictment Is Political
Plus: A listener asks the editors if the nation is indeed unraveling or if she is just one of "The Olds" now.
Is the Manhattan D.A. Upholding or Flouting the Rule of Law by Prosecuting Trump?
The case hinges on the claim that the former president tried to cover up a campaign finance violation with which he was never charged.
In the Israeli Battle Over Judicial Review, Democracy Is the Problem, Not the Solution
Opponents of the reforms favored by Prime Minister Benjamin Netanyahu's coalition should acknowledge the threat posed by unconstrained majority rule.
Biden's Plan To Unilaterally Expand Background Checks for Gun Buyers Is Legally and Logically Dubious
The president wants to redefine federally licensed gun dealers in service of an ineffective anti-crime strategy.
Biden's Attack on 'Ghost Guns' Fits a Pattern of Lawless Firearm Regulation
The president and his predecessor both tried to impose gun control by executive fiat.
A Texas-Backed Lawsuit Argues That the ATF's Pistol Brace Rule Is Arbitrary and Unconstitutional
Although the law did not change, regulators suddenly decided to criminalize unregistered possession of braced pistols.
Mike Pompeo Says He 'Grew Up Libertarian'
These days, he may run for president. His politics have changed.
Should There Be Three-Judge Panels for National Injunctions
A proposal to limit state AG (and other) forum-shopping for national injunctions.
The 5th Circuit Says the ATF Exceeded Its Legal Authority When It Banned Bump Stocks
The decision defends the separation of powers and the rule of law against an attempt to prohibit firearm accessories by administrative fiat.
The New Yorker Profiles "The Conservative Who Wants to Bring Down the Supreme Court."
Jonathan Mitchell failed in his effort to become a legal academic, so he put his theories into practice instead.
Trump Says Taking Presidential Records to Mar-a-Lago Automatically Made Them His Property
According to the former president's lawyers, his decision to retain the documents made them "personal."
A New Authoritarian Political Style Is on the Ballot in Ohio
The most jarring thing about Senate candidate J.D. Vance is how open he is about rejecting the rule of law.
Judge Bibas on "Judges Gone Wild"
The federal appellate judge suggests judges should focus less on social media attention, and more on ensuring their opinions are clear, succinct and correct.
Biden Mistakenly Imagines That Congress Approved His Student Debt Cancellation Scheme
The lack of statutory authority is the main issue raised by legal challenges to the plan.
Markets Aren't Perfect, but Government Is Worse
The free market allows people to cooperate, fix errors, and adapt to changing circumstances.
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.
The 5th Circuit Considers Whether the Trump Administration Was Legally Authorized To Ban Bump Stocks
Regulators imposed the ban based on a highly implausible and counterintuitive reading of federal law.
On Justice Thomas, Dobbs, Precedent, and Substantive Due Process
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 Least Productive Supreme Court Ever?
The justices hear fewer cases and decide fewer questions than they used to.
Chicago Mayor Lori Lightfoot Says People Charged With Violent Crimes Are Guilty Because Prosecutors Say So
"When those charges are brought, these people are guilty," Lightfoot said.
How Far Behind Is the Supreme Court?
We will get opinions on Monday, but the Court will have to average more than two opinions per day to finish before July 4.
A Few Orders, But Where Are the Opinions?
With thirty-three opinions in argued cases yet to issue, the Supreme Court is well behind the usual pace.
Ninth Circuit Concludes Arizona Has Standing to Challenge Conditions on COVID Relief Funds
Language in the American Rescue Plan Act prohibits states from using the funds "directly or indirectly" to offset lost revenues from tax cuts.
Isaac Chotiner Interviews Professor Laurence Tribe
A revealing interview on the Supreme Court, Chief Justice Roberts, climate change, and Tribe's tweeting habits.
Judge Neomi Rao on "The Province of the Law"
A belated 2021 lecture sponsored by the Georgetown Center for the Constitution
Anthony Fauci Thinks Scientific Expertise Trumps the Rule of Law
The president’s COVID-19 adviser embodies the arrogance of technocrats who are sure they know what’s best for us.
If the CDC's Mask Mandate Is 'Necessary for the Public Health,' Why Didn't the DOJ Seek a Stay To Restore It?
The Biden administration's main priority seems to be leaving the agency's authority vague enough to allow future interventions.
Fauci Says CDC Mandates 'Should Not Be a Court Issue'
That's a fundamentally anti-democratic attitude.
The DOJ Is Reluctant To Continue Defending the CDC's Mask Mandate Because It Worries It Will Lose Again
Clarifying the agency's authority could impede future power grabs.
Even If the CDC's Mask Mandate Made Sense, That Would Not Make It Legal
The decision against the rule hinged on whether the agency had the power it asserted.
