Search for: "Jonathan H. Adler"
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16 Feb 2024, 9:26 am
[Medical professionals are often unaware of the relevant research on the relative risks of tobacco products, and that can matter for public health.] Most Americans understand that smoking is harmful. It remains a leading cause of preventable death in the United States. A growing number of Americans does not understand that vaping and non-combustible tobacco products are far less risky. In a recent article, Jacob James Rich and I explored why this might be. One source of public misunderstanding… [read post]
17 Jul 2023, 6:13 pm
[A critical column by Jamelle Bouie prompts an extensive reply from Peter Canellos.] After the Supreme Court invalidated the use of race in college admissions in SFFA v. Harvard, NYT columnist Jamelle Bouie wrote a column questioning the legacy of Justice John Marshall Harlan. The Supreme Court majority's reliance upon language from Harlan's opinion, Bouie suggested, might not be as anomalous as some of the Court's critics would like to think. Though credited with the claim that… [read post]
17 Jul 2023, 4:15 am
[Contrary to popular perception, the current Supreme Court overturns precedent and declares laws to be unconstitutional less often than its predecessors did.] In the July 31 issue of National Review, in an article titled "The Restrained Roberts Court," I explain why some common criticisms of the current Supreme Court are simply untrue. In particular, I explain that the Roberts Court overturns precedent and holds legislative enactments unconstitutional significantly less often than did… [read post]
2 Dec 2025, 6:45 am
[The Department of Justice sides with Monsanto on whether federal law preempts state-law duty-to-warn suits against pesticide manufacturers setting up an important test of the Court's view of federal preemption.] Earlier this year the Supreme Court called for the views of the Solicitor General on whether it should grant certiorari in Monsanto v. Durnell, which presents the question whether the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) preempts state-law-based "duty to… [read post]
1 Dec 2025, 6:48 am
[The first appellate court to consider the Trump Administration's aggressive approach to U.S. Attorney appointments.] This morning the U.S. Court of Appeals for the Third Circuit affirmed the district court decision disqualifying Alina Habba from acting as the U.S. Attorney for the District of New Jersey. This is the first appellate decision weighing in on the Trump Administration's efforts to bypass the traditional route for appointing U.S. Attorneys in districts for which it has been… [read post]
29 Nov 2025, 6:27 am
[Jack Goldsmith on "A Dishonorable Strike"] The Washington Post reported yesterday that Secretary of Defense Pete Hegseth did not merely order the initial strike on a boat off of believed to be transporting drugs, but gave the specific order to kill those on the boat. After the first strike hit the boat, a second strike was ordered to take out two survivors "clinging to the smoldering wreck" caused by the first. Jack Goldsmith posted on this report yesterday at… [read post]
15 Jun 2025, 6:43 am
[An interesting tidbit from today's NYT profile of Justice Amy Coney Barrett] Today's New York Times features an extensive profile of Justice Amy Coney Barrett by Jodi Kantor. The article opens with a tidbit that I had not seen reported previously. As President Trump was leaning toward appointing Amy Coney Barrett to the Supreme Court five years ago, some advisers shared doubts about whether she was conservative enough. But he waved them away, according to someone familiar with the… [read post]
29 May 2025, 7:34 am
[Environmental Impact Statements do not have to consider upstream and downstream effects.] Today the Supreme Court decided Seven County Infrastructure Coalition v. Eagle County, which challenged the U.S. Court of Appeals for the D.C. Circuit's capacious understanding of agency obligations under the National Environmental Policy Act. The justices unanimously rejected the D.C. Circuit's approach, but split 5-3 over what the D.C. Circuit did wrong. Justice Kavanaugh wrote for the Court,… [read post]
16 Mar 2023, 8:37 am
[There have been too few apologies for what transpired, not too many.] Over the weekend, Stanford Law School (SLS) Dean Jenny Martinez and Stanford President Marc Tessier-Lavigne apologized to Judge Kyle Duncan for the disruption of an event at which he was invited to speak at the law school. Some progressive groups and commentators objected to the apology, and suggested Dean Martinez should apologize to them. So who should be apologizing to whom? Let's step back for a minute and think about… [read post]
1 Mar 2023, 5:40 pm
[Thoughts on recent oral argument exchanges on whether the Administrative Procedure Act contemplates (let alone requires) universal vacatur.] Over at the Yale Journal on Regulation's Notice & Comment blog I have a post commenting on recent exchanges during Supreme Court oral arguments concerning whether the Administrative Procedure Act requires nationwide vacatur when a court concludes an agency action is unlawful, and whether (as the Chief Justice suggested) the D.C. Circuit routinely… [read post]
7 Feb 2023, 3:51 pm
[A proposal to limit state AG (and other) forum-shopping for national injunctions.] There is widespread concern that it has become to easy for ideologically motivated plaintiffs–such as state attorneys general of the opposite party of the sitting president–to seek and obtain nationwide injunctions against federal policies they oppose by selecting the right district court in which to file the suit. Thus conservative plaintiffs file suit in single-judge divisions in Texas, while liberal… [read post]
25 Dec 2022, 9:44 am
[Jake Tapper makes the definitive case to settle a longstanding debate.] Is Die Hard a Christmas movie? The answer is obviously yes, and not just because it takes place on Christmas eve. The movie's underlying themes—overcoming adversity in pursuit of family reunification and reconciliation—are quite common for holiday fare. For those who remain doubters, CNN's Jake Tapper makes the case on Twitter–and in rhyme no less. The thread begins here: 'Twas the night before… [read post]
9 Dec 2022, 7:35 am
[A Post-Script to the Balkinization symposium on Andrew Koppelman's Burning Down the House.] In his final comment responding to critiques of his book Burning Down the House, Professor Andrew Koppelman responds to this VC post by Ilya Somin noting: Somin does not dispute my claim that sometimes, large regulatory programs are justified. But, he says, the characteristic failures of democratic governance "amount to a systematic relative advantage of the private sector that should… [read post]
17 Oct 2022, 10:18 am
[In its latest filing, the Department of Justice seeks to put an end to Judge Cannon's interference with the federal government's investigation documents kept at Mar-a-Lago.] Last Thursday, the Supreme Court spurned Donald Trump's request that the Court intervene in the ongoing dispute over the Department of Justice's review of documents seized at Trump's Mar-a-Lago resort. Trump and his attorneys had asked the Court to vacate the Eleventh Circuit's partial stay of… [read post]
5 Oct 2022, 2:16 pm
[The U.S. Fish & Wildlife Service declares the little fish that almost stopped completion of the Tellico Dam ha recovered. ] The snail darter, the small freshwater fish made famous by Tennessee Valley Authority v. Hill, is no longer in danger of becoming endangered and has been removed from the list of "threatened" species under the Endangered Species Act (ESA), the Department of Interior announced yesterday. The snail darter was initially listed as an "endangered"… [read post]
3 Sep 2022, 7:08 am
[Noted environmental law scholar Richard Revesz will be nominated to head the White House Office of Information and Regulatory Affairs] Yesterday, the White House announced that President Biden will nominate Professor Richard Revesz to be Administrator for the Office of Information and Regulatory Affairs (OIRA) in the White House Office of Management and Budget, a position often referred to as "regulatory czar." It is, by some accounts, the most government important job you may may not… [read post]
17 Dec 2021, 2:23 pm
[My review of Philip Hamburger's new book, Purchasing Submission.] Columbia Law School's Philip Hamburger, author of Is Administrative Law Unlawful?, has a new book: Purchasing Submission: Conditions, Power and Freedom. I reviewed the book for the latest issue of National Review. Here is an excerpt from my review: "The Law of '. . . or Else'" Buried deep in the House-passed "Build Back Better" bill are a set of climate provisions. One section in… [read post]
15 Nov 2021, 7:34 pm
[The vast majority of law firm contributions to political candidates go to one party.] Over at Excess of Democracy, Derek Muller has a post examining the political contributions of employees (lawyers and staff) at the top 140 law firms in the United States. Interestingly enough, he finds that donations at the vast majority of these firms tilt decidedly toward the Democratic Party. From his post: All told, I captured about $61 million in contributions to Democratic-affiliated groups compared to about… [read post]
2 Aug 2018, 4:45 am
Noted appellate attorney Lisa Blatt on why she supports the confirmation of Brett Kavanaugh, and shows how we should evaluate judicial nominees from the other side of the aisle.Lisa Blatt is among Washington, DC's most accomplished appellate attorneys. Her record in the Supreme Court -- prevailing in 33 of 35 argued cases -- is unparalleled. She's also an avowed liberal, and in Politico she explains why she supports the confirmation of Judge Brett Kavanaugh to the Supreme Court.… [read post]
26 Jul 2018, 10:28 am
Political conflict over judicial confirmations may be harmful for the courts.Speaking to a group of University of Chicago students on Wednesday, Justice Elena Kagan lamented the partisan conflict that has consumed contemporary judicial confirmations. From a CNN report: "There is so much tit-for-tat for tit-for-tat that goes on in these processes," Kagan said at an event with University of Chicago interns at the court on Wednesday. "Everybody has their list of times that they've… [read post]
