Separation of Powers

In a mythical world, justice proceeds like this: After being wronged by a government injustice, a victim lawyers up and sues the government wrongdoer. After a short time, a court corrects the error and restores the rights and property of the citizen. The government, appropriately chagrined, errs no more. If only. In the real world, lawyers ...

Happy New Year!  A lot has happened in the first couple weeks of 2025. In fact, a massive social media company has already managed to argue before the Court, get an adverse decision, shut down for a day, and be promptly revived! Let's get to it.  The so-called "conservative" Supreme Court justices split in a ruling against Trump, blowing crit ...

What is a mine? That shouldn't be an impossible question. You would think that the Mine Safety and Health Administration (MSHA) would have a reasonable definition—after all, they're charged with regulating (you won't believe this) safety and health at mines. But when MSHA inspectors showed up at KC Transport's facility in Emmett, West Virginia, i ...

In every state except Massachusetts, at least some types of fireworks are legal. As you prepare for your New Year's Eve celebrations, however explosive, pour one out for the quarantined fireworks that are supposedly prohibited under a peculiar federal regulation, a challenge to which has taken a family-owned business all the way to the doors of the ...

We've heard a lot about draining the swamp over the past eight years, from President-elect Donald Trump when he first landed on the national stage and now, from the dual heads of his new Department of Government Efficiency (DOGE), Elon Musk and Vivek Ramaswamy. But what does that actually mean and entail? In short, draining the swamp should mean ...

You don't have to be a fan of flavored vapes to find the White Lion case, argued on December 2 at the Supreme Court, a fascinating example of a company struggling against an opaque and changing regulatory process.  The Family Smoking Prevention and Tobacco Control Act, passed in 2009 under President Barack Obama, gives the Food and Drug Adminis ...

History is littered with manmade institutions conceived for the noblest ends dashed on the rocks of human frailty. The Egyptian god-king, Athenian democracy, the Roman Senate, the divine right of kings, pitchers hitting in the National League. But among those institutions that have stood the test of time, we find a shining example—inherited from ...

Robert White built a thriving seafood business in North Carolina. With his hard-earned profits, he bought some coastal property as an investment he could one day leave to his children. Eager to improve the property, Robert set out to make the land more productive by reducing its flood risk. But the work ground to a halt and Robert's plans were pu ...

We (and the Court) are back! Hope everyone had a happy and healthy Thanksgiving. This year I'm grateful that unlike Dayton, OH, my city hasn't criminalized charity… yet. This week the Court heard a highly anticipated case involving a law that bans surgeries, puberty blockers, and other gender affirming care for minors. But before we get to the ...