Free Immigration Is a Core American Value
Just consider the policies that the Founding Fathers embraced.
Executive Branch
Presidents' Day Is a Good Reminder To Treat the Presidency With Skepticism
While the office was created with "modest authority and limited responsibilities," the modern president has increasingly unchecked power and authority.
Supreme Court Cancels Oral Argument in Title 42 "Public Health" Expulsion Case
The move makes it more likely that Title 42 expulsions of migrants will end in the near future.
Biden Wants To Restrict Work and Flexibility for Freelancers
Most independent contractors don’t want the PRO Act anyway.
Four Months After Biden Promised Marijuana Pardons, He Has Not Issued Any
The president reaped political benefits with his pre-election proclamation but has yet to follow through.
Is Inflation Sneakily Starting To Rise Again?
January's consumer price data indicates another drop in annual inflation, but the past three months might tell a different story.
Under No Circumstances Did Joe Biden Save Social Security
Plus: a listener question on prohibition and a lightning round on the editors' favorite Super Bowl moments
Biden's Terrible Billionaire Tax
By raising the effective tax rate on capital gains, the proposal would reduce U.S. saving, discourage entrepreneurship, and decrease economic output.
Biden's Drug Price Controls Will Kill More Patients in the Long Run
And increase total health care costs to boot.
Biden's Foolish Rush To Regulate How Kids Use Tech
Instead of empowering the government to intervene, we should look more holistically at the experience of young people online.
For Joe Biden, Competition Is Essential. Except When It Must Be Banned.
It's a fundamental contradiction that's affected the Biden administration's economic policy for the past two years.
"Third-Party Standing" Doctrine Shouldn't be Used to Block Lawsuits Challenging Biden's Student Loan Forgiveness Plan
Legal scholar Michael Dorf claims Supreme Court should rule on this basis. But the doctrine doesn't apply to this case, and is dubious anyway.
Biden's Claims About Universal Pre-K Are Malarkey
During the State of the Union, Biden claimed that "children who go to preschool are nearly 50 percent more likely to finish high school and go on to earn a two- or four-year degree," but evidence in favor of universal pre-k programs is lacking.
Sarah Huckabee Sanders' State of the Union Response Offers a Grim Glimpse of the GOP's Future
Biden's speech offered plenty of opportunity to present a counter-narrative to continued taxes and spending. Instead Sanders went a different direction.
Biden's Proposed Assault Weapon Ban Is Unconstitutional, Unlikely, and Ineffectual
As usual, Biden's gun policy proposals bump up against reality.
Biden's Foreign Policy Is Adrift
His State of the Union address sketched a foreign policy that is reckless on some points, relatively restrained on others, and utterly uninterested in any real resolution to America’s lingering military entanglements.
The Cops Who Killed Tyre Nichols Could Be Convicted of Murder and Still Get Qualified Immunity
In his State of the Union address Tuesday, President Joe Biden said that he wants to hold police "accountable." But he neglected to mention the elephant in the room.
Joe Biden, Travel Agent in Chief
Plus: Bill would make all social media platforms check IDs, appeals court rejects rent control challenge, and more...
Biden Promises To Stop Waiving His Own Terrible 'Buy American' Mandates
The president's State of the Union address re-upped a tired, old promise to spend more tax dollars on less infrastructure.
Biden Deserves Some Credit on Immigration Policy, but He Refuses To Take Responsibility Where He Should
His administration has contributed to the problems Biden says he wants to solve.
Biden Promises To Let Social Security's Ship Keep Sinking
Biden vowed to block any attempts to cut Social Security benefits, and Republicans made it clear that they have little appetite to try it.
Biden May Dream of 6 More Years, but His Three Closest Comps Never Got There
What we can learn from the State of the Union addresses by Jimmy Carter in 1979, Richard Nixon in 1971, and JFK in 1963
Republicans and Democrats Face Impasse Over Cutting Spending Versus Raising Taxes
Plus: Court denies motion to suppress January 6 geofence warrant, Texas may ban some immigrants from buying property, and more...
The Biden Administration Flirts With Imposing Nationwide Rent Control Via Executive Action
The White House's idea of using Freddie Mac and Fannie Mae to adopt rent control faces numerous legal and practical hurdles.
The Political Lies That Really Matter
From George Santos to Joe Biden, résumé padding is unacceptable. But it's all the lies about legislation we can't afford.
Sixth Circuit Upholds Injunction Against Biden Administration COVID-19 Vaccine Mandate for Federal Contractors
The U.S. Court of Appeals for the Sixth Circuit concludes the President exceeded the scope of his delegated authority.
This Congressman Wants the U.S. To Use Military Force Against Mexican Cartels
Like other authorizations for the use of military force—or AUMFs—it would be an unnecessary, unwise expansion of executive power.
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.
It's Way Past Time To Release the Rest of the JFK Assassination Files
Joe Biden just declassified another batch, but the government is still keeping some under wraps.
Podcast on United States v. Texas
In this Federalist Society podcast on a major immigration case currently before the Supreme Court, I go over the issues at stake, and make some tentative predictions about the case's likely outcome.
Supreme Court Decides to Hear Second Case Challenging Legality of Biden's Loan Forgiveness Plan
Like the first case, it will be argued in February. In the meantime, the plan remains blocked.
Loan Forgiveness Litigation Roundup
This post covers significant developments in cases challenging Biden's loan-forgiveness plan other than the one Supreme Court has decided to hear.
Supreme Court Will Hear Case on Legality of Biden Loan Forgiveness Plan
In the meantime, the justices left in place a lower court injunction against the plan. That probably doesn't bode well for the Biden Administration's chances of winning.
Supreme Court to Hear Student Loan Forgiveness Case
The justices refuse to vacate the injunction against President Biden's student loan forgiveness policy, but accept certiorari.
Oregon Governor Pardons 45,000 Marijuana Offenders
The ACLU of Oregon is calling on other state governors to follow suit.
Biden Administration Asks Supreme Court to Lift Injunction Blocking their Massive Loan Forgiveness Program
The Supreme Court's resolution of this procedural issue may be a preview of the justices' views on the ultimate resolution of the student loan forgiveness litigation.
Kentucky Governor's Order Protects Medical Marijuana Users From Prosecution for Possession
To be eligible for a pardon, patients will have to obtain cannabis from other states and document their diagnoses and purchases.
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."
8th Circuit Rules States Have Standing to Challenge Biden's Loan Forgiveness Plan [Updated]
The decision overrules a trial court ruling and likely paves the way for a decision on the merits striking down the program.
U.S. Court of Appeals for the Eighth Circuit Enjoins Biden Student Loan Forgiveness Plan
A federal appeals court has entered a nationwide injunction pending appeal in Missouri's lawsuit against President Biden's student loan forgiveness policy.
Customs and Border Protection Chief Refuses to Step Down (UPDATED)
The Biden Administration has reportedly asked for Commissioner Magnus's resignation, but he has refused to go.
Biden Administration to Require Federal Contractors to Report and Reduce Greenhouse Gas Emissions
A new proposed regulation may test the limits of the Executive Branch's authority to impose regulatory requirements on federal contractors.
Biden's Student Loan Forgiveness Plan Is Unconstitutional, Says Federal Judge
Plus: Users surge on decentralized social media platform Mastodon, the fall of city drugstores, and more...
Yale Journal on Regulation Symposium on Peter Shane's "Democracy's Chief Executive"
Participants include Daniel Farber, Keith Whittington, Cristina Rodriguez, Lisa Heinzerling, and myself, among others.
Some Supreme Court Justices Want the Court To Tackle More Government Abuse Cases
Unfortunately, in five separate cases today, they're outnumbered.
Kansas Voters Could Give Legislature Power To Veto Executive Branch Regulations
The proposed constitutional amendment would shift the state's balance of political power.
Air Force One Cost Overruns Are a Reminder of How Expensive an Imperial Presidency Can Be
Boeing reports that the two new presidential shuttles its building will now be $2 billion over budget.