An Introduction to Thinking About Slippery Slope Arguments

[This month, I’m serializing my 2003 Harvard Law Review article, The Mechanisms of the Slippery Slope; I’ll begin here with a slightly reordered introduction, which generally summarizes my analysis, but if you want more details, you’ll get them in later posts.] Consider one classic slippery slope claim (more shortly on why it makes sense to so label it): … Read more

Politicians Cause Real Pain With Inflationary Policies

Gasoline prices just hit new record highs, and that’s just the tip of the iceberg, inflation-wise. As consumers know, but federal officials seem slow to admit, everything is becoming more expensive. And while the purchasing power of our money is expected to erode more slowly in the months to come, getting from here to there … Read more

Secret City Recounts the Gay History of DC

Secret City: The Hidden History of Gay Washington, by James Kirchick, Henry Holt and Co., 848 pages, $29.99 During J. Edgar Hoover’s 48 years as FBI director, people often gossiped about whether his bedroom tastes were as straight as his agents’ marksmanship, citing everything from his fondness for socializing in male groups to his close … Read more

California County That Took 50 Years To Approve Subdivision Bans New Airbnbs

Last week, Marin County, California, passed an emergency 45-day moratorium on new short-term rentals in the western parts of the county to address its pressing housing supply and affordability crises. Officials have expressed the hope that pumping the brakes on new Airbnb listings will preserve some of the area’s limited housing stock for native renters … Read more

Supreme Court Reinstates Stay of Texas Social Media Law (Pending Appeal); Justices Alito Dissents

From the Supreme Court today in Netchoice, LLC v. Paxton; This isn’t a decision on the merits, but only a decision on whether the Texas social media viewpoint neutrality law should be stayed pending appeal. The district court, which said the law was likely unconstitutional, had said stay; the Fifth Circuit, which hasn’t yet announced … Read more

Government Can’t Compel the Creation of Wedding Websites

Today Eugene and I filed an amicus brief in the Supreme Court in support of the petitioners in 303 Creative LLC v. Elenis, arguing that wedding-website designers cannot be required by a state public accommodations law to create website designs for same-sex couples. The Tenth Circuit erred in concluding otherwise, undermining a freedom critical to … Read more

Biden (Almost) Admits That His Own Stimulus Spending Stoked Inflation

In the first few weeks after taking office, President Joe Biden made a series of decisions that continue to have considerable influence on the American economy—which, naturally, has considerable influence on how the average voter views his administration. “Joe Biden’s administration has dedicated its first few weeks in office to spending more money on pandemic … Read more

Sussmann Trial Exposes Dems’ Scandal-Industrial Process

By Charles Lipson for RealClearPolitics Modern political scandals, like Caesar’s Gaul, are divided into three parts. The first is the actual malfeasance. That might be taking bribes, lying to federal agents, leaking classified materials, sexual misconduct, selling political access, whatever. The second part is the hyper-partisan involvement of Congress and, often, federal agencies, all eager … Read more