Justice Gorsuch’s Dissent from Denial of Review in an Excessive Fines Clause Case

We have held that “[p]rotection against excessive punitive economic sanctions” is “‘fundamental'” and “‘deeply rooted in this Nation’s history and tradition.'” And all that would mean little if the government could evade constitutional scrutiny under the Clause’s terms by the simple expedient of fixing a “civil” label on the fines it imposes and declining to pursue any related “criminal” case.

https://reason.com/volokh/2023/01/23/justice-gorsuchs-dissent-from-denial-of-review-in-an-excessive-fines-clause-case/

How the CDC Became the Speech Police

Secret internal Facebook emails reveal the feds’ campaign to pressure social media companies into banning COVID “misinformation.”

The platforms may have thought they had little choice but to please the CDC, given the tremendous pressure to stamp out misinformation. This pressure came from no less an authority than President Joe Biden himself, who famously accused social media companies of “killing people” in a July 2021 speech.

https://reason.com/2023/01/19/how-the-cdc-became-the-speech-police/

Supreme Court Decides to Hear Case Challenging State Law Empowering Government to Seize Entire Value of a House to Pay Much Smaller Property Tax Debt

Minnesota law allowed Hennepin County to seize a $40,000 home owned by a 93-year-old widow to pay off a $15,000 tax debt.

https://reason.com/volokh/2023/01/14/supreme-court-decides-to-hear-case-challenging-state-law-empowering-government-to-seize-entire-value-of-a-house-to-pay-much-smaller-property-tax-debt/

Los Angeles Public Schools Are Increasingly Passing Students Who Don’t Meet Grade-Level Standards

The issue is the result of a districtwide policy of de facto grade inflation.

The widening gap between grades and actual academic performance shows the perils of letting concern for “equity” drive educational policy. In a quest to pass more disadvantaged students, Los Angeles public schools may in fact be failing them.

https://reason.com/2023/01/11/los-angles-public-schools-are-increasingly-passing-students-who-dont-meet-grade-level-standards/

Wage and Price Controls Are Not the Answer to Inflation

Price controls have been thoroughly debunked by history and economic theory. In fact, one of the first lessons in a standard freshman introductory microeconomics class is explaining how controls on prices (and wages, hereinafter, just “price controls”) cause shortages and surpluses. 

Freedom Denied Part 1: How the Culture of Detention Created a Federal Jailing Crisis

In 1987… just 29% of people charged with federal crimes were jailed before trial; the rest were released back to their families. But today, pretrial jailing has become the norm, and we conclude that “the culture of detention” is to blame:

https://reason.com/volokh/2023/01/09/freedom-denied-part-1-how-the-culture-of-detention-created-a-federal-jailing-crisis/

Congress Misses Another Chance To Correct Blatantly Unjust Crack Penalties

The legal distinction between the smoked and snorted forms of cocaine never made sense.

As Senate Minority Leader Mitch McConnell (R‒Ky.) saw it, Garland’s memo usurped congressional authority by shielding crack defendants from mandatory minimum sentences. So instead of asserting that authority by rectifying a blatantly unjust penalty scheme, Congress has once again kicked the can down the road.

https://reason.com/2022/12/21/congress-misses-another-chance-to-correct-blatantly-unjust-crack-penalties/

New Jersey Town That Sued a Woman for Public Records Requests Now Wants Lawyer Prosecuted for Same Thing

Irvington made national headlines last year when it filed a lawsuit against an 82-year-old woman for filing too many public records requests. Now it says a lawyer for FIRE should be prosecuted.

https://reason.com/2023/01/06/new-jersey-town-that-sued-a-woman-for-public-records-requests-now-wants-lawyer-prosecuted-for-same-thing/