William Barr Responds on American Petroleum Institute v. Minnesota
The former Attorney General disagrees with me on whether state and local government climate change lawsuits belong in federal court.
Rule of law
The D.C. Circuit Mulls Trump's Alarmingly Broad Claim of Presidential Immunity From Prosecution
His lawyers say no jury can ever consider charges based on his "official acts" as president, which include his efforts to reverse Joe Biden's election.
D.C. Circuit Rejects Oil Company Attempt to Remove District's Climate Suit to Federal Court
Yet another federal circuit court of appeals rejects energy company removal claims.
The Next Kids Climate Case: Genesis B. v. EPA
Another climate change lawsuit filed on behalf of children, this time against the Environmental Protection Agency.
Justice Jackson Really Does Not Like Munsingwear Vacatur
Justice Jackson notes her objection to the Court's standard practice of vacating lower court decisions rendered moot by the prevailing party below.
The Supreme Court Should Not Let Bureaucrats Invent Crimes by Rewriting the Law
The Trump administration’s unilateral ban on bump stocks turned owners of those rifle accessories into felons.
Is the Fifth Circuit Becoming the New Ninth?
The Court is taking more cases from the Fifth Circuit, and its decisions do not appear to be faring well.
Brian Leiter on Adrian Vermeule
Is Common Good Constitutionalism anything more than politics by other means?
Target Shuts Stores as Criminal Justice Reform Gets Mugged
We need less intrusive law enforcement, not the treatment of crime as a lark.
To Tackle Highest Housing Costs in the Country, Hawaii's Governor Declares YIMBY Martial Law
An emergency proclamation by Gov. Josh Green offers developers the opportunity to route around almost all regulations on building homes.
Can Traditional Legal Customs Coexist With Western-Style State Law?
Geoffrey Swenson’s book Contending Orders tackles Afghanistan and Timor-Leste.
Why Stripping Fox's Broadcast License Is a Terrible Idea
Plus: A listener inquires about the potential positive effects of ranked-choice voting reforms.
Fourth Circuit Concedes to Congress on Mountain Valley Pipeline
The judges recognize that Congress ended their ability to review the Mountain Valley Pipeline, but they seem none too happy about it.
The Legally Authorized Charges Against Donald Trump and Hunter Biden Don't Tell Us What Justice Requires
The nature of their conduct is a better indicator of the punishment they deserve.
Supreme Court Saves Mountain Valley Pipeline from Fourth Circuit Stay
The Supreme Court vacated a stay entered by the U.S. Court of Appeals for the Fourth Circuit.
Industrial Policy Isn't About Creating Jobs
It's a short-sighted approach that distracts us from the more important question.
Why Israelis Are Taking to the Streets
The furious response to a seemingly modest reform reflects a broader dispute about the role of courts in a democracy.
"Textualism's Political Morality" by the Honorable Neomi Rao
Judge Rao's 2022 Canary lecture has now been published in the Case Western Reserve Law Review.
Notes on "The Restrained Roberts Court"
Contrary to popular perception, the current Supreme Court overturns precedent and declares laws to be unconstitutional less often than its predecessors did.
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.
'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."
