When politicians echo Justice Oliver Wendell Holmes' famous observation about "shouting 'fire' in a crowded theater," it typically means they are trying to justify unconstitutional speech restrictions. So it was with New York Gov. Kathy Hochul's comments after the racist mass shooting that killed 10 people at a Buffalo grocery store on Saturday....Read more
A Fox News poll completed last week, the day before Politico published a draft majority opinion indicating that the Supreme Court will soon overturn Roe v. Wade, found that just 27% of respondents favored that outcome. Yet 54% thought their own states should ban abortion after 15 weeks of gestation -- the very policy at issue in the case before ...Read more
The Department of Homeland Security is dismayed by the uproar over its new Disinformation Governance Board. DHS this week emphasized that the "internal working group," which has no "operational authority or capability," will focus on developing "best practices" to counter disinformation from foreign states and criminal organizations while ...Read more
Anthony Fauci was "surprised and disappointed" by last week's ruling against the mask mandate for travelers issued by the Centers for Disease Control and Prevention. "This is a CDC issue," President Joe Biden's top medical adviser told CNN. "It should not have been a court issue."
Fauci, who objects to federalism as well as judicial review, ...Read more
Did you know that the federal judge who vacated the federal mask mandate for airline and public transit passengers on Monday is only 35? The New York Times thought that detail was important, and so did Slate legal writer Mark Joseph Stern.
The fact that critics of U.S. District Judge Kathryn Kimball Mizelle's 59-page decision focused on her age...Read more
"Through confidential sources, undercover agents, and clandestine recordings," the Justice Department announced in October 2020, "law enforcement learned particular individuals were planning to kidnap" Michigan Gov. Gretchen Whitmer and "acting in furtherance of that plan." But it turned out those individuals included the government's "...Read more
When Republicans who oppose federal marijuana prohibition vote against your legalization bill, you probably are doing something wrong. That is what happened last week, when the House of Representatives approved the Marijuana Opportunity Reinvestment and Expungement (MORE) Act by a vote of 220 to 204.
The ayes included 217 Democrats but only ...Read more
As of last week, 24 states have decided to let law-abiding adults carry handguns in public without a license. That policy, known as "constitutional carry," strikes critics as self-evidently reckless, while supporters think it improves public safety.
Both sides in the long-running debate about the practical impact of reducing legal barriers to ...Read more
In a 1996 Harvard Law Review article, Ketanji Brown Jackson, then a law school student, noted the "climate of fear, hatred, and revenge" in which policies dealing with sex offenders are formulated. Before Jackson's Supreme Court confirmation hearing began this week, Sen. Josh Hawley (R-Missouri) objected to that observation, then proceeded to ...Read more
The federal rule that requires air travelers to wear face masks, which the Transportation Security Administration first imposed more than a year ago, was scheduled to expire this Friday. But the TSA extended the requirement for at least another month, for reasons that are even harder to understand than the original rationale for the mask mandate...Read more
When Texas imposed strict limits on abortion last fall, the number of abortions performed by clinics in that state fell by half. But the actual decline in abortions was much smaller because many women traveled to clinics in other states or used readily available drugs to end their pregnancies at home.
Those workarounds, recent research suggests...Read more
Xiulu Ruan, a board-certified Alabama pain specialist, was sentenced to 21 years in federal prison for prescribing opioid analgesics "outside the usual course of professional medical practice." According to the appeals court that upheld his conviction, it did not matter whether he sincerely believed he was doing what a physician is supposed to ...Read more