Today’s majority upholds an age verification requirement for online porn, which is of course the more speech-restrictive option in this case. And it upholds the law by concluding that the “strict scrutiny” test—which the Court generally uses to evaluate content-based restrictions on speech that falls outside the First Amendment exceptions—doesn’t apply to such age verification […]
Thanks to Eugene for blogging about Justice Jackson’s shout-out, in FCC v. Consumers’ Research, to my Notre Dame Law Review article, The Myth of the Federal Private Nondelegation Doctrine. (I’m in Paris today and just saw Notre Dame from the top of the Eiffel Tower a few hours ago, so this makes sense.) He quoted […]
The Trump administration scored a notable legal victory today when the U.S. Supreme Court ruled 6–3 that federal district judges “likely exceed” their authority when they issue nationwide injunctions that entirely block federal laws or presidential orders from going into effect while legal challenges play out in court. The case, Trump v. CASA, arose from […]
The Supreme Court. (NA) Today’s 6-3 Supreme Court decision in Trump v. CASA, Inc. barring nationwide injunctions is a grave mistake. It risks allowing the executive to engage in large-scale violations of constitutional rights, potentially in perpetuity. Exactly how bad it is depends on the extent to which other remedies might fill the gap left […]
A nice touch, I thought, in Justice Kagan’s dissent in today’s Free Speech Coalition v. Paxton: To account for that concession in its analysis—and yet avoid strict scrutiny, as it wishes—the majority relies on a well-known distinction in Firs Read More Article from Reason.com Reason MagazineThe Reason Magazine website is a go-to destination for libertarians […]
Although Meyer Frank was a National Review colleague of William F. Read More Article from Mises Institute Mises InstituteThe Mises Institute’s website is a treasure trove for enthusiasts of Austrian economics, libertarian philosophy, and classical liberalism. Serving as both an educational platform and a research resource, the site offers a vast array of articles, academic […]
David Martin wrote: “Zionism is a genocidal movement.” Iran will not become a part of Yankeelandia anytime soon. The post Iran WON the War. The U.S Read More Article from LewRockwell Lew RockwellLewRockwell.com is a libertarian website that publishes articles, essays, and blog posts advocating for minimal government, free markets, and individual liberty. The site was founded […]
From today’s majority opinion by Justice Thomas in Free Speech Coalition v. Paxton: Age-verification laws like H. B. 1181 fall within States’ authority to shield children from sexually explicit content. The First Amendment leaves undisturbed States’ traditional power to prevent minors from accessing speech that is obscene from their perspective. Ginsberg v. New York (1968). […]
Now that the Supreme Court has issued its final opinion of the term, we can see which justices wrote the most, and which wrote the least. Majority opinion assignments were fairly uniform: All of the justices had six or seven opinions for the Court, save for the most junior justice, Justice Jackson, who had five. […]
When President Donald Trump announced the “Liberation Day” tariffs on most imports in early April, his trade advisors promised it was the prelude to new, better trade deals with dozens of other countries. “We’re going to run 90 deals in 90 days,” Peter Navarro, the White House’s top trade advisor, told Fox Business on April […]