Category Reform

The Proposed “Ad Tax” Would be Unconstitutional Under Central Hudson

[This post originally appeared here on The Hill’s Opinion Blog on August 4, 2017.] Fox News and CNN have something in common: they both rely on advertising to promote their journalistic messages and to help generate revenue needed to carry out their missions. Historically, the expenses associated with such advertising have not been subject to […]

Intergovernmental Evidence-Sharing Isn’t Caring: Discussing a Return to General Warrants

Intergovernmental evidence-sharing ignores that the Warrant Clause does not empower the government to seize property merely to search for evidence and is therefore tantamount to a fishing expedition that converts the particularized warrants demanded by the Fourth Amendment into the very “general warrants” the provision was understood to prevent.

House Member Chaffetz Wants You To Buy Him A House

Retiring Congressman Jason Chaffetz announced, on his way out the door, that he believes Congress should provide themselves a $2,500 housing allowance, in order to better cope with the obnoxious cost of DC accommodations. Since congressmen maintain a residence in the District in addition to their household commitments back home, the logic goes, the excessive […]

The Weekly Bipartisan: Objections to DOJ Charging Policy

[Welcome to The Weekly Bipartisan, where we share instances of meaningful bipartisanship, on the Hill and elsewhere. This project seeks to shine a light on efforts to come together to find common ground and advance shared values in a political climate defined by polarization, an increasingly jaded citizenry, and vilification instead of constructive dialogue and debate. […]

Texas Bill to Protect Religious Child Welfare Service Providers

On Monday, the Texas legislature passed HB 3859, a bill affording private child welfare service providers with religious liberty protections. Like with many religious freedom issues today, supporters and opponents once again fight over the extent to which state government may offer protections for the free exercise of religion (or, as it is commonly called–”play in the […]

Judge Gorsuch on the Ninth Amendment: “I think it means what it says.”

Senator Sasse has never ceases to impress me – his impressive knowledge of law (despite not being a lawyer himself), his deep understanding and love for philosophy and political theory, or his principled resistance to partisanship are among the many reasons I hope this guy continues doing what he does. He’s done it again by […]

END THE FAILED AUER EXPERIMENT NOW*: THE FLAWS OF DEFERRING TO AGENCY INTERPRETATIONS OF THEIR OWN AMBIGUOUS REGULATIONS**

  Introduction Imagine a hapless individual, forced to participate against her will in a game over which participants must wager significant sums of money. The rules of the game are complex and arcane, and this individual is unfamiliar with them. Her competitor, however, is savvy and experienced, having played this game many times in the […]

Dual Citizenship: Evangelicalism, Hypocrisy, and the Trump Administration

God did not give us a spirit of cowardice, but rather a spirit of power and of love and of self-discipline.  -2  Timothy 1:7 There is no fear in love, but perfect love casts out fear . . . whoever fears has not reached perfection in love.  -1 John 4:18 In everything do to others […]

A Christmas Prayer

The last finals of the semester are now in the rearview mirror, the Christmas holiday is just days away, and the world seems to be on fire, as it always does in the age of 24/7 news and endless connectivity. In lieu of all the various law-related posts that have been percolating over the last […]

Don’t Mourn Castro, Mourn His Victims

“How should the world mourn a tyrant?” seems like a pretty straightforward question to answer: It shouldn’t. That seems lost, however, on some. It was announced late yesterday that Fidel Castro, long-time authoritarian strongman and hero to unintentionally ironic liberals and progressives, has died. While the diplomatic self-restraint of some world leaders is perhaps understandable, other […]