'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.
Rule of law
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."
Argentina, Once One of the Richest Countries, Is Now One of the Poorest. Javier Milei Could Help Fix That.
The new libertarian president believes in free markets and the rule of law. When people have those things, prosperity happens.
Justice Sotomayor Voices Her Frustration with Supreme Court and Advocates
Some candid remarks at the University of California at Berkeley
Justice Department to Seek Mandamus to End Juliana Litigation (Again)
Will Judge Aiken finally accede to the law and allow this particular climate case to end?
Accused of Dictatorial Ambitions, Trump Doubles Down on Authoritarianism
His understanding of effective leadership and policing should repel anyone who cares about civil liberties and the rule of law.
SCOTUS Ponders the Ambiguity of 'Ambiguous' and Other Chevron Doctrine Puzzles
The justices seem inclined to revise or ditch a 1984 precedent that requires deference to executive agencies' statutory interpretations.
The Chevron Doctrine Discomfits the Weak
Excessive judicial deference gives administrative agencies a license to rewrite the law in their favor.
On Economic Issues, the Populist Right and Left Share a Lot of Common Ground
That's bad news for Americans.
D.C. Circuit Seems Skeptical of Trump's Alarmingly Broad Presidential Immunity Claim
As one appeals court judge pointed out, Trump's defense could literally let a president get away with murder.
Federal Court Again Refuses to Dismiss Juliana Climate Case
Judge Aiken's reckless defiance of legal rules is turning the "Kids Climate Case" into a zombie climate case.
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.
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.
