The Fed’s favorite inflation measure increased again
May PCE inflation rises to 2.3% Read More Article from Mises Institute
Libertarian News
How Should Courts Analyze Age Verification Requirements for Porn That’s Illegal for Minors?
The majority in today’s Free Speech Coalition v. Paxton began with the established principle (see Justice Brennan’s majority opinion in Ginsberg v. N.Y. (1968)) that certain material may be constitutionally protected for adults but unprotected when distributed to minors: When regulating minors’ access to sexual content, the State may broaden Miller‘s “definition of obscenity” to […]
A Flawed, but Encouraging Nondelegation Decision
AI-Generated Image. Â In today’s Supreme Court ruling in FCC v. Consumers’ Research, a 6-3 majority upheld the Federal Communications Commission’s authority to impose levies on telecommunications carriers to support a “Universal Service Fund” intended to subsidize telecommunications services for low-income consumers, people in rural areas, and some others who might not otherwise get them. […]
New York Socialists, Powell Attacks, and the 12 Days War
On this episode of Power and Market, the roundta Read More Article from Mises Institute
Big Free Speech Takeaway from Today’s Free Speech Coalition v. Paxton Porn Age Verification Decision
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 […]
My private nondelegation article and Reason Foundation amicus brief cited in FCC v. Consumers’ Research
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 […]
Supreme Court Rules 6–3 for Trump, Limits ‘Nationwide Injunctions’ in Birthright Citizenship Case
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 […]
A Bad Decision on Nationwide Injunctions
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 […]
“See (Sorry)”: A New Citation Signal
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
Meyer Frank about Your Views
Although Meyer Frank was a National Review colleague of William F. Read More Article from Mises Institute
How Should Courts Analyze Age Verification Requirements for Porn That’s Illegal for Minors?
The majority in today’s Free Speech Coalition v. Paxton began with the established principle (see Justice Brennan’s majority opinion in Ginsberg v. N.Y. (1968)) that certain material may be constitutionally protected for adults but unprotected when distributed to minors: When regulating minors’ access to sexual content, the State may broaden Miller‘s “definition of obscenity” to […]
A Flawed, but Encouraging Nondelegation Decision
AI-Generated Image. Â In today’s Supreme Court ruling in FCC v. Consumers’ Research, a 6-3 majority upheld the Federal Communications Commission’s authority to impose levies on telecommunications carriers to support a “Universal Service Fund” intended to subsidize telecommunications services for low-income consumers, people in rural areas, and some others who might not otherwise get them. […]
New York Socialists, Powell Attacks, and the 12 Days War
On this episode of Power and Market, the roundta Read More Article from Mises Institute
Big Free Speech Takeaway from Today’s Free Speech Coalition v. Paxton Porn Age Verification Decision
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 […]
My private nondelegation article and Reason Foundation amicus brief cited in FCC v. Consumers’ Research
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 […]
Supreme Court Rules 6–3 for Trump, Limits ‘Nationwide Injunctions’ in Birthright Citizenship Case
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 […]
A Bad Decision on Nationwide Injunctions
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 […]
“See (Sorry)”: A New Citation Signal
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
Meyer Frank about Your Views
Although Meyer Frank was a National Review colleague of William F. Read More Article from Mises Institute