The Federal Government Can't Seem to Decide How the CFPB Is Funded The Solicitor General's brief defending how the CFPB is funded contradicts what the agency and others have said in the past. Reason · Dec 6, 2022
Short Circuit: A Roundup of Recent Federal Court Decisions Unconsidered pesticides, undesirable aliens, and unconstitutional delegating. Reason · Nov 25, 2022
Checks and Balances November 2022 The Checks and Balances Letter delivers news and information from Ballotpedia’s Administrative State Project, including pivotal actions at the federal and state levels related to the separation of powers, due process, and the rule of law. Ballotpedia · Nov 23, 2022
The Horseracing Case, Part 3: How Carter Coal Is Misunderstood Despite a recent Fifth Circuit case, Carter v. Carter Coal Co. (1936) doesn't limit private delegations. Reason · Nov 23, 2022
The Horseracing Case and How It Misunderstands Private Delegation Despite a recent Fifth Circuit case, there is no private nondelegation doctrine. Reason · Nov 21, 2022
Fifth Circuit: Horseracing Integrity and Safety Act Unconstitutionally Delegates Power to a Private Entity A rare, successful nondelegation challenge in the U.S. Court of Appeals for the Fifth Circuit. Reason · Nov 19, 2022
Short Circuit: A Roundup of Recent Federal Court Decisions Grains of sand, detachable pockets, and genuine obliviousness. Reason · Nov 18, 2022
Texas AG Needn't Testify in Case Alleging Texas Intends to Punish Participation in Out-of-State Abortions The panel relies on, among other things, "the Apex doctrine." Reason · Nov 15, 2022
Short Circuit: A Roundup of Recent Federal Court Decisions Pit bull bans, community sensitivity, and criminal defamation. Reason · Nov 11, 2022
"Why Not the Right to Earn a Living?" In today's Golden Glow Tanning Salon v. City of Columbus, the Fifth Circuit, in an opinion by Judge Edith Jones, joined by Judges James Ho and Cory Wilson, rejected an Equal Protection Clause and Takings Clause challenge to COVID lockdowns. This is a straightforward, and in my view a clearly… Reason · Nov 8, 2022
Short Circuit: A Roundup of Recent Federal Court Decisions Wanted posters, vague and threatening letters, and dragging a 75-pound dummy. Reason · Nov 4, 2022
Short Circuit: A Roundup of Recent Federal Court Decisions Chalking tires, curbing meters, and secretly recording videos. Reason · Oct 28, 2022
The CFPB's Funding Mechanism: Misguided But Constitutional analysis from Professor Zach Price Reason · Oct 24, 2022
Noah Feldman: Conservative attack on consumer protection wins an illogical victory Conservatives have never liked the Consumer Financial Protection Bureau, the brainchild of Massachusetts Sen. Elizabeth Warren. Now a conservative panel of the conservative U.S. Court of Appeals for the Fifth Circuit has struck down the CFPB’s rulemaking authority using a novel theory. Tribune News Service · Oct 22, 2022
Reason · Oct 21, 2022 Immanuel v. CNN: No Revival for Appeal Filed a Day Late From the decision today by Judge Lee Rosenthal (see also this earlier post): Dr. Stella Immanuel sued CNN for defamation. The court dismissed her complaint with prejudice. Dr. Immanuel sought to appeal the dismissal, but she filed her notice of appeal a day after the 30-day deadline. Because that 30-day…
Reason · Oct 21, 2022 Eighth Circuit Affirms Dismissal of State Suit Against Social Cost of Carbon Another appellate court recognizes that federal courts lack jurisdiction to consider legal challenges to the Biden Administration's Social Cost of Carbon estimates.
Reason · Oct 21, 2022 Short Circuit: A Roundup of Recent Federal Court Decisions Retaliatory pepper spray, excessive damages awards, and the power of the purse.
Reason · Oct 14, 2022 Short Circuit: A Roundup of Recent Federal Court Decisions Hauling timber, planting drugs, and barring bologna.
Reason · Oct 7, 2022 Short Circuit: A Roundup of Recent Federal Court Decisions Pretextual stops, consular nonreviewability, COVID on cruise ships.
Reason · Oct 5, 2022 FIRE Podcast on Free Speech and the Texas Social Media Law The podcast is a debate between legal scholar Brad Smith and myself.
Reason · Sep 30, 2022 Short Circuit: A Roundup of Recent Federal Court Decisions Padded cells, hidden cash, and official duties.
Reason · Sep 27, 2022 Subreddit Gets Users To Call Texas Gov. Greg Abbott a 'Little Piss Baby' To Defy Content Moderation Law Reddit users are protesting Texas' H.B. 20, which forces social media platforms to host speech they find objectionable.
Reason · Sep 25, 2022 Thoughts on Internet Content Moderation from Spending Thousands of Hours Moderating Volokh Conspiracy Threads Of possible relevance to the Fifth Circuit's recent decision in Netchoice v. Paxton.
Reason · Sep 23, 2022 Short Circuit: A Roundup of Recent Federal Court Decisions ATV noise, threat threats, and wasting judicial resources.
Reason · Sep 23, 2022 Another Commentary on the Fifth Circuit's Texas Social Media Law Decision As I noted yesterday, I'm still trying to fully digest the Netchoice v. Paxton opinions, but I passed along two commentaries from top scholars on the subject, one entirely critical from Prof. Genevieve Lakier (Chicago) and one that's mostly critical from Prof. Alan Rozenshtein (Minnesota). I thought I'd also pass…