This article for the Cato Supreme Court Review—my fourth—considers the legal arguments that California v. Texas declined to reach.
"There are a lot of blurred things there, and there are many considerations. They form a whole. I’ll make a decision."
This shadow docket ruling, combined with Biden v. DHS, may be the most significant administrative law rulings of the Term.
The Biden Administration went 0-2 in 48 hours at the Supreme Court.
A new word, coined from DHS v. Regents and Biden v. Trump
I had read the 183-page opinion that morning, and lectured about it in the afternoon.
From Trump to Biden, from Citizens United to Dobbs, from Roe to Casey.
Over the past decade, articles in YLJ, HLR, and SLS have averaged 37,582, 35,917, and 31,725 words, respectively.
Two emergency applications filed on Friday afternoon. Which ones will be granted?
"Unless this Court vacates the stay—and does so promptly—Congress will know that it can legislate through pressure campaigns and sit-ins rather than bicameralism and presentment."
I wrote an extended discussion of the significance of the $5 fine in 1905.
In the 10th Circuit, vaccinated attorneys can argue in person. Unvaccinated attorneys must seek leave to appear via video.
Some DOJ press person followed an expurgation policy, imprecisely.
"On certain issues, such as national security law, immigration, and constitutional law, I had different 'kitchen cabinets' that I consulted regularly."
We covered everything from school-mandates to society-mandates.
"Over the course of a century, four prominent Justices established the irrepressible myth of Jacobson v. Massachusetts." Justice Holmes, Justice Brennan, Justice Blackmun, and Chief Justice Roberts.
Alas, the American Association of Law Schools will be virtual only.
It's good to be back.
Who rules in favor of the Constitution, but then pulls his punches to avoid doing anything progressives will dislike?
There is a three-way tie for first: Sutton, Pryor, and Kavanaugh
Re-upping a post I wrote with Seth Barrett Tillman in March
"The delay in announcing an SG nominee ... is likely the result of haggling between the DOJ and the White House"
"Plaintiffs have shown success on the merits for its RFRA claim because the current Section 1557 regulatory scheme substantially burdens Christian Plaintiffs' religious exercise in clear violation of RFRA."
"It is hard to fathom how the experienced policy advisors and lawyers atop the Biden administration could have screwed up so badly."
Both opinions were the fifth vote to deny a stay. Only one of those opinions seems to have precedential value.
Help Reason push back with more of the fact-based reporting we do best. Your support means more reporters, more investigations, and more coverage.
Make a donation today! No thanks
Every dollar I give helps to fund more journalists, more videos, and more amazing stories that celebrate liberty.
Yes! I want to put my money where your mouth is! Not interested
So much of the media tries telling you what to think. Support journalism that helps you to think for yourself.
I’ll donate to Reason right now! No thanks
Push back against misleading media lies and bad ideas. Support Reason’s journalism today.
My donation today will help Reason push back! Not today
Back journalism committed to transparency, independence, and intellectual honesty.
Yes, I’ll donate to Reason today! No thanks
Support journalism that challenges central planning, big government overreach, and creeping socialism.
Yes, I’ll support Reason today! No thanks
Support journalism that exposes bad economics, failed policies, and threats to open markets.
Yes, I’ll donate to Reason today! No thanks
Back independent media that examines the real-world consequences of socialist policies.
Yes, I’ll donate to Reason today! No thanks
Support journalism that challenges government overreach with rational analysis and clear reasoning.
Yes, I’ll donate to Reason today! No thanks
Support journalism that challenges centralized power and defends individual liberty.
Yes, I’ll donate to Reason today! No thanks
Your support helps expose the real-world costs of socialist policy proposals—and highlight better alternatives.
Yes, I’ll donate to Reason today! No thanks
Donate today to fuel reporting that exposes the real costs of heavy-handed government.
Yes, I’ll donate to Reason today! No thanks