As President Joe Biden issued more than 40 executive actions with less than a month in office and Democrats took control of Congress, Republican attorneys general in the states appear poised to be the strongest check on overreach by the federal government.
No matter how much some judges may dislike jury nullification, letting them lie to juries to prevent the conscientious acquittal of a defendant is unconstitutional.
Research shows that marijuana legalization results in modest effects and has the potential to generate substantial revenue for states.
Will there be an effort to pass a domestic terrorism law that mirrors, or perhaps even goes beyond, the infamous PATRIOT Act?
“So … you represented Trump?” That question is unfairly haunting a number of the former president’s lawyers.
The January 6 attack on the US Capitol shocked the nation. Now, as so often occurs in the wake of tragedy, some Washington politicians are using the opportunity to push for an expansion of their power—hoping Americans are too shell-shocked to object. A bipartisan group in Congress has introduced the so-called “Domestic Terrorism Prevention Act Of … Continue reading Tulsi Gabbard Warns Against the Danger of New ‘Domestic Terrorism’ Laws
Inauguration Week seems like an opportune time to think how much more just the Department of Justice could be if President Biden took the bold step of putting a libertarian in charge of it. As I've written before, our criminal justice system is fundamentally rotten—it punishes vast amounts of morally blameless conduct, uses coercion-fueled mass adjudication … Continue reading What a Libertarian Attorney General Could Do
Congress is very good at two things: spending money and thinking up duplicative—and, therefore, unnecessary—ways to criminalize many aspects of our daily lives. The latest COVID-19 relief bill does both. As for the former, the $900 billion price tag speaks for itself. As for the latter, the new bill tackles the issue of illegally streaming copyrighted works for profit. Huh? Protecting … Continue reading Unrelated Amendments in COVID-19 Relief Bill Only Add to Overcriminalization
Just days into 2021, and the number of really bad, anti‐liberty policy and legislative proposals are multiplying like mold spores. To that end, I would direct you to the request by the International Association of Sheet Metal, Air, Rail and Transportation Workers that the Transportation Security Administration (TSA) create a “No Ride” list for passenger rail akin to … Continue reading Transit Unions to DHS: Give America A “No Ride” List
Last week, an angry mob of Trump supporters stormed the US Capitol. They believed that the November presidential election had been “stolen” from their leader and were attempting to block Congress’s certification of the results. It was a violent event that left five people dead, including one police officer. In the wake of this incident, … Continue reading Why Adding Accused Capitol Rioters to the ‘No-Fly’ List Threatens Civil Liberties