The SAVE Act and Our Toxic Politics
It’s hard to avoid the conclusion that the SAVE Act in its current form was designed to not pass. To prolong the fight, not solve the problem. To make base voters angry and get them to fight. To provide a reason for politicians to appear on cable TV and to get the most partisan voters to turn out in November.
Science, Tylenol and Autism
By upholding the gatekeeping responsibility of judges under Rule 702, the Second Circuit can reaffirm that scientific claims must meet established thresholds before being presented as reliable proof in court.
Now that the Border Is Secure . . .
Now is the time for the “Art of the Deal” Trump to step up to the plate. It will probably require sidelining advisor Stephen Miller, but you can’t make an omelet without breaking a few eggheads.
Gratitude Is the Heart of Conservatism
Conservatism is a posture of the soul: a recognition that we are heirs to a noble inheritance of culture, of institutions, and of morality and ethics.
Let's Make a Deal for the Filibuster
How about we repeal the 17thAmendment along with the filibuster?
Get Your Popcorn Ready
Wednesday, November 5, the Supreme Court will hear one of the most important cases involving limited government in our lifetimes. Learning Resources, Inc. v. Trump is about whether a president has authority under the Constitution or statute to impose tariffs in the way the Trump administration has.
Buckle Your SCOTUS Belts
To his great credit, Donald Trump has appointed a lot of very good judges, and very good judges follow the law, the Constitution, and the limits of legislation.
But the Trump administration will win some and will lose some. When they lose, it won’t be a “judicial insurrection.” Republicans should be very careful about joining Democrats in undermining faith in our judicial system. And Stephen Miller probably needs to go on blood pressure medicine.
Welcome to the Shutdown
The shutdown is a symptom of something deeper: Congress no longer functions. We are operating as if we have only two branches of government. Presidents attempt to rule by a flurry of decrees and orders, courts eventually strike most of them down, and Congress remains catatonic.
Hating on (the Concept of) Hate Speech
The concept of hate speech is harmful because it is open to capricious definition and application. Conservatives and libertarians rightly reject it.
Redistricting: Blue State Problem, Red State Opportunity
So long as Democrat-run cities and states pursue policies that punish work, investment, family creation and business formation, they had better get used to losing on redistricting.

