Politics, Moderate



Disarmed but not dangerous

Politics, Moderate / Jacob Sullum /

For lying on her federal income tax returns, Lisa Folajtar got three years of probation and a lifetime of constitutional disability. Because her crime carried a maximum penalty of three years in prison, she was permanently stripped of her Second Amendment right to keep and bear arms.

In a case that could give the Supreme Court an opportunity to...Read more

How to beat legalized larceny

Politics, Moderate / Jacob Sullum /

Six months after the Drug Enforcement Administration stole $43,000 from Stacy Jones at a North Carolina airport, her lawyer, Dan Alban, received a letter from the aptly named Douglas Kash, a senior attorney in the DEA's Asset Forfeiture Section. "I am writing to inform you of the decision to return the above-referenced property," Kash said.

...Read more

Cuomo's COVID-19 rules discriminate against religion

Politics, Moderate / Jacob Sullum /

"This is a fear-driven response," New York Gov. Andrew Cuomo said during an Oct. 6 phone conversation about his pandemic-inspired restrictions on religious services. "This is not a policy being written by a scalpel. This is a policy being cut by a hatchet."

The Roman Catholic Diocese of Brooklyn, which is asking the U.S. Supreme Court for an ...Read more

Biden's drug policies are still oppressive

Politics, Moderate / Jacob Sullum /

Joe Biden has come a long way since his days as a vociferous drug warrior. But judging from last week's election results, Americans have come further.

The president-elect now opposes the mandatory minimum sentences and death penalties he once championed, and he portrays himself as a reformer determined to ameliorate the mass incarceration he ...Read more

Federal government urges SCOTUS to rule that the victim has no recourse

Politics, Moderate / Jacob Sullum /

On a sunny Friday afternoon in July 2014, James King, a 21-year-old college student, was walking to a summer job in Grand Rapids, Michigan, when he was accosted by two unshaven men wearing jeans and baseball caps who asked his name and grabbed his wallet. When King tried to flee, the men tackled him, choked him unconscious, and punched him in ...Read more

States should stop treating sober cannabis consumers as public menaces

Politics, Moderate / Jacob Sullum /

Four years ago, Pennsylvania allowed patients suffering from any of 17 serious medical conditions to relieve their symptoms with marijuana. But there was a catch: If they used cannabis as a medicine, they could no longer legally drive.

Last week, the Pennsylvania House of Representatives approved a bill that would eliminate that legal ...Read more

Both parties agree on courts checking 'majority rule', but disagree what it means in practice

Politics, Moderate / Jacob Sullum /

Making its case against the reelection of Donald Trump this week, The New York Times complains that the president has been "filling the benches of the federal judiciary with young, conservative lawyers as a firewall against majority rule." While it is hardly surprising that the Times would be dismayed by the appointment of conservative judges ...Read more

Biden's sudden reticence on Court packing alarms those on the right

Politics, Moderate / Jacob Sullum /

Judging from their grandstanding during Amy Coney Barrett's confirmation hearing, Democrats think the composition of the Supreme Court is a big issue in next month's presidential election. Yet, evidently, it is not big enough for their candidate to tell voters whether he favors expanding the Court to accommodate his policy preferences.

"You'll ...Read more

Two courts say COVID-19 lockdowns in Michigan and Pennsylvania were unconstitutional

Politics, Moderate / Jacob Sullum /

As recently as early March, I was saying it "seems unlikely" that the United States would respond to the COVID-19 pandemic with lockdowns similar to Italy's. While we all know what has happened since then, two recent court decisions underline the unprecedented and legally untested nature of the sweeping social and economic restrictions that all ...Read more

SCOTUS could use More skeptics like Amy Coney Barrett

Politics, Moderate / Jacob Sullum /

Democrats worry that Supreme Court nominee Amy Coney Barrett, an originalist and textualist who clerked for Justice Antonin Scalia in the late 1990s, will emulate him if she is confirmed by the Senate. We could do a lot worse.

Although progressives often portrayed Scalia as an authoritarian ogre, he was a more faithful defender of First, Fourth...Read more

The restrictions imagined by Republicans in 2016 or by Democrats now are nothing but self-serving nonsense

Politics, Moderate / Jacob Sullum /

The process for filling a Supreme Court vacancy is straightforward: The president chooses a new justice "with the advice and consent of the Senate." Any other conditions, including those imagined by Republicans in 2016 or by Democrats now, are nothing but self-serving nonsense.

Senate Majority Leader Mitch McConnell, R-Ky., who has promised a ...Read more

How much difference do COVID-19 lockdowns make?

Politics, Moderate / Jacob Sullum /

The New York Times describes Sweden's approach to COVID-19, which has been notably less restrictive than the policies adopted by other European countries and the United States, as "disastrous" and "calamitous." By contrast, Scott Atlas, the physician and Hoover Institution fellow who is advising President Donald Trump on the epidemic, thinks ...Read more

Are video arcades more dangerous than casinos during a pandemic?

Politics, Moderate / Jacob Sullum /

Casinos and video arcades, both of which feature rows of electronic games that people use in close proximity to each other, pose similar risks of COVID-19 transmission. Yet, in Massachusetts, casinos have been open for two months, while video arcades remain closed under an order that Gov. Charlie Baker originally issued in March.

Like many of ...Read more



Mike Smith Chip Bok Tom Stiglich David M. Hitch Steve Kelley Steve Benson