Mostly law professors | Sometimes contrarian | Often libertarian | Always independentToday, in , a divided panel of the U.S. Court of Appeals for the Eleventh Circuit concluded that local bans on "sexual orientation change efforts (SOCE)" (aka "conversion therapy") are unconstitutional under the First Amendment. The laws in question, which had been adopted by Boca Raton and Palm Beach County, Florida, prohibited (in the words of the latter ordinance):the practice of seeking to change an individual's sexual orientation orgender identity, including but not limited to efforts to change...…Mostly law professors | Sometimes contrarian | Often libertarian | Always independentToday, in , a divided panel of the U.S. Court of Appeals for the Eleventh Circuit concluded that local bans on "sexual orientation change efforts (SOCE)" (aka "conversion therapy") are unconstitutional under the First Amendment. The laws in question, which had been adopted by Boca Raton and Palm Beach County, Florida, prohibited (in the words of the latter ordinance):the practice of seeking to change an individual's sexual orientation orgender identity, including but not limited to efforts to change...WW…

One evening a few years ago, I was approached by a friendly, seemingly rational man outside our apartment on Keren HaYesod in Jerusalem and somehow got sucked into a conversation about "." Try as I might, I could not seem to extricate myself as he spun an elaborate conspiracy theory and assured me there was plenty of evidence to back it up. I thought of that guy while watching Rudy Giuliani's yesterday, which began with an appeal to fair-mindedness before descending into madness.According to the told by Giuliani and two other Trump lawyers, Sidney Powell and Jenna Ellis, Democratic election...…One evening a few years ago, I was approached by a friendly, seemingly rational man outside our apartment on Keren HaYesod in Jerusalem and somehow got sucked into a conversation about "." Try as I might, I could not seem to extricate myself as he spun an elaborate conspiracy theory and assured me there was plenty of evidence to back it up. I thought of that guy while watching Rudy Giuliani's yesterday, which began with an appeal to fair-mindedness before descending into madness.According to the told by Giuliani and two other Trump lawyers, Sidney Powell and Jenna Ellis, Democratic election...WW…

He's presided over the second most deadly COVID-19 outbreak in the country. He's implemented draconian lockdown restrictions that have devastated small businesses. He's fought with and mocked reporters trying to get basic answers to simple questions. Now, New York Gov. Andrew Cuomo (D) will get an Emmy.On Friday, the International Academy of Television Arts & Sciences that Cuomo would be receiving the organization's International Emmy Founders Award, which "celebrates the accomplishments of an individual or organization, whose work is recognized throughout the world" and which crosses...…He's presided over the second most deadly COVID-19 outbreak in the country. He's implemented draconian lockdown restrictions that have devastated small businesses. He's fought with and mocked reporters trying to get basic answers to simple questions. Now, New York Gov. Andrew Cuomo (D) will get an Emmy.On Friday, the International Academy of Television Arts & Sciences that Cuomo would be receiving the organization's International Emmy Founders Award, which "celebrates the accomplishments of an individual or organization, whose work is recognized throughout the world" and which crosses...WW…

Attempting to "cure" a gay or transgender minor via conversion therapy counts as protected First Amendment speech and can't simply be banned by ordinances, .LGBT activists and psychological experts have been targeting conversion therapy as a fraudulent practice that harms children for years. Some states have begun banning the treatment, starting with New Jersey and California in 2013. Now, , and several cities and counties have passed their own laws against it.Florida doesn't ban conversion therapy statewide, but the city of Boca Raton and Palm Beach County passed ordinances in 2017 that...…Attempting to "cure" a gay or transgender minor via conversion therapy counts as protected First Amendment speech and can't simply be banned by ordinances, .LGBT activists and psychological experts have been targeting conversion therapy as a fraudulent practice that harms children for years. Some states have begun banning the treatment, starting with New Jersey and California in 2013. Now, , and several cities and counties have passed their own laws against it.Florida doesn't ban conversion therapy statewide, but the city of Boca Raton and Palm Beach County passed ordinances in 2017 that...WW…

Mostly law professors | Sometimes contrarian | Often libertarian | Always independentreports:A man who tried to run for mayor in Hawthorne pleaded not guilty Tuesday in connection with an alleged voter fraud case in which thousands of fraudulent voter registration applications were allegedly submitted on behalf of homeless people, a fraud effort that prosecutors allege was being funded by the criminal gang MS-13.Carlos Antonio De Bourbon Montenegro—also known as Mark Anthony Gonsalves—is charged with 18 felony counts of voter fraud, 11 felony counts of procuring a false or forged...…Mostly law professors | Sometimes contrarian | Often libertarian | Always independentreports:A man who tried to run for mayor in Hawthorne pleaded not guilty Tuesday in connection with an alleged voter fraud case in which thousands of fraudulent voter registration applications were allegedly submitted on behalf of homeless people, a fraud effort that prosecutors allege was being funded by the criminal gang MS-13.Carlos Antonio De Bourbon Montenegro—also known as Mark Anthony Gonsalves—is charged with 18 felony counts of voter fraud, 11 felony counts of procuring a false or forged...WW…

Throughout the fall, New York City repeatedly delayed reopening its schools for most students, despite an that classrooms were not significant areas of spread for COVID-19. Now Mayor Bill de Blasio has ordered a full shutdown of schools due to rising coronavirus numbers; the city has the 3 percent test-positivity rate, the predetermined (and largely arbitrary) threshold for keeping kids at home.Many parents are rightly , and even some district officials think the call might have been premature. New York bars and restaurants are , but they are still open for business, even though these...…Throughout the fall, New York City repeatedly delayed reopening its schools for most students, despite an that classrooms were not significant areas of spread for COVID-19. Now Mayor Bill de Blasio has ordered a full shutdown of schools due to rising coronavirus numbers; the city has the 3 percent test-positivity rate, the predetermined (and largely arbitrary) threshold for keeping kids at home.Many parents are rightly , and even some district officials think the call might have been premature. New York bars and restaurants are , but they are still open for business, even though these...WW…

On November 6, when California Gov. Gavin Newsom (D) sat down for a fancy dinner party at the tony Napa Valley restaurant The French Laundry, the state was in the midst of a . Newsom and other state officials were the importance of following social distancing rules and wearing face masks in public places, as by an order that the governor issued in June. They were urging Californians to forgo Thanksgiving dinners and other private social gatherings, which they had identified as an important source of virus transmission.Yet there was the politician behind those policies, sitting shoulder to...…On November 6, when California Gov. Gavin Newsom (D) sat down for a fancy dinner party at the tony Napa Valley restaurant The French Laundry, the state was in the midst of a . Newsom and other state officials were the importance of following social distancing rules and wearing face masks in public places, as by an order that the governor issued in June. They were urging Californians to forgo Thanksgiving dinners and other private social gatherings, which they had identified as an important source of virus transmission.Yet there was the politician behind those policies, sitting shoulder to...WW…

"This is a fear-driven response," New York Gov. Andrew Cuomo during an October 6 phone conversation about his pandemic-inspired restrictions on religious services. "This is not a policy being written by a scalpel. This is a policy being cut by a hatchet."The Roman Catholic Diocese of Brooklyn, which is the U.S. Supreme Court for an emergency injunction against Cuomo's order, argues that a bit more care is required when the government interferes with the free exercise of religion. The Court's decision will be an important indication of whether the justices are prepared to enforce on what...…"This is a fear-driven response," New York Gov. Andrew Cuomo during an October 6 phone conversation about his pandemic-inspired restrictions on religious services. "This is not a policy being written by a scalpel. This is a policy being cut by a hatchet."The Roman Catholic Diocese of Brooklyn, which is the U.S. Supreme Court for an emergency injunction against Cuomo's order, argues that a bit more care is required when the government interferes with the free exercise of religion. The Court's decision will be an important indication of whether the justices are prepared to enforce on what...WW…

Mostly law professors | Sometimes contrarian | Often libertarian | Always independentRichard Stengel, the Biden transition team "" for the U.S. Agency for Global Media (the agency that's in charge of the Voice of America and similar outlets), had last year in the Washington Post ( was the first to note this, I think, several days ago). An excerpt:Even the most sophisticated Arab diplomats that I dealt with did not understand why the First Amendment allows someone to burn a Koran. Why, they asked me, would you ever want to protect that?It's a fair question. Yes, the First Amendment protects...…Mostly law professors | Sometimes contrarian | Often libertarian | Always independentRichard Stengel, the Biden transition team "" for the U.S. Agency for Global Media (the agency that's in charge of the Voice of America and similar outlets), had last year in the Washington Post ( was the first to note this, I think, several days ago). An excerpt:Even the most sophisticated Arab diplomats that I dealt with did not understand why the First Amendment allows someone to burn a Koran. Why, they asked me, would you ever want to protect that?It's a fair question. Yes, the First Amendment protects...WW…

One school district in Washington state has evidently decided that Asians no longer qualify as persons of color.In their , administrators at North Thurston Public Schools—which oversees some 16,000 students—lumped Asians in with whites and measured their academic achievements against "students of color," a category that includes "Black, Latinx, Native American, Pacific Islander, and Multi-Racial Students" who have experienced "persistent opportunity gaps."Most indicators in the report show that the achievement gap between white/Asian students and "students of color" is fairly narrow and...…One school district in Washington state has evidently decided that Asians no longer qualify as persons of color.In their , administrators at North Thurston Public Schools—which oversees some 16,000 students—lumped Asians in with whites and measured their academic achievements against "students of color," a category that includes "Black, Latinx, Native American, Pacific Islander, and Multi-Racial Students" who have experienced "persistent opportunity gaps."Most indicators in the report show that the achievement gap between white/Asian students and "students of color" is fairly narrow and...WW…

If my social-media and news feeds were an accurate indication, many Californians had focused inordinate attention on the granular  in such far-off places such as Montgomery County, Pennsylvania, and Clark County, Nevada, as the nation awaited the final verdict in a cliff-hanger presidential election.But there's a closer-to-home result that we could immediately understand without relying on election experts. Voters decisively  California Gov. Gavin Newsom, the state's politically dominant unions, and the legislature. Although Californians are overwhelmingly Democratic and chose Joe Biden...…If my social-media and news feeds were an accurate indication, many Californians had focused inordinate attention on the granular  in such far-off places such as Montgomery County, Pennsylvania, and Clark County, Nevada, as the nation awaited the final verdict in a cliff-hanger presidential election.But there's a closer-to-home result that we could immediately understand without relying on election experts. Voters decisively  California Gov. Gavin Newsom, the state's politically dominant unions, and the legislature. Although Californians are overwhelmingly Democratic and chose Joe Biden...WW…

A bill under consideration by the city's Board of Supervisors would ban smoking in private dwellings located in apartment buildings with three or more units.The senators warned that the Court might have to be "restructured" if it did not reach the conclusion they preferred in a Second Amendment case.Just about everyone—conservatives, progressives, libertarians—should be glad to say goodbye to this cruel approach to immigration policy.Trump is a wannabe despot, but let's not pretend the other side is flawless.Deutsche Bank has proposed a 5 percent income tax on people working from home, the...…A bill under consideration by the city's Board of Supervisors would ban smoking in private dwellings located in apartment buildings with three or more units.The senators warned that the Court might have to be "restructured" if it did not reach the conclusion they preferred in a Second Amendment case.Just about everyone—conservatives, progressives, libertarians—should be glad to say goodbye to this cruel approach to immigration policy.Trump is a wannabe despot, but let's not pretend the other side is flawless.Deutsche Bank has proposed a 5 percent income tax on people working from home, the...WW…

In an eyebrow-raising , five Democratic senators that the Supreme Court might have to be "restructured" if it failed to reach the conclusion they preferred in a Second Amendment case. Justice Samuel Alito recalled that episode during his Federalist Society last night, saying the senators had engaged in blatant "bullying" by issuing "a crude threat" aimed at undermining judicial independence.Alito is right. The case involved New York City's on the transportation of firearms, and the senators—Sheldon Whitehouse (D–R.I.), Mazie Hirono (D–Hawaii), Richard Blumenthal (D–Conn.), Dick Durbin...…In an eyebrow-raising , five Democratic senators that the Supreme Court might have to be "restructured" if it failed to reach the conclusion they preferred in a Second Amendment case. Justice Samuel Alito recalled that episode during his Federalist Society last night, saying the senators had engaged in blatant "bullying" by issuing "a crude threat" aimed at undermining judicial independence.Alito is right. The case involved New York City's on the transportation of firearms, and the senators—Sheldon Whitehouse (D–R.I.), Mazie Hirono (D–Hawaii), Richard Blumenthal (D–Conn.), Dick Durbin...WW…

San Francisco politicians are considering yet another policy that would harm renters while infringing on property rights: a ban on smoking inside private apartment buildings.On Thursday, a committee of the city's Board of Supervisors voted to advance a that would ban smoking inside private dwellings located in apartments with three or more units. The San Francisco Examiner that the restrictions would apply not just to tobacco products, but also to smoking marijuana and even to vaping.The goal, according to bill sponsor Supervisor Norman Yee, is to protect nonsmoking apartment dwellers from...…San Francisco politicians are considering yet another policy that would harm renters while infringing on property rights: a ban on smoking inside private apartment buildings.On Thursday, a committee of the city's Board of Supervisors voted to advance a that would ban smoking inside private dwellings located in apartments with three or more units. The San Francisco Examiner that the restrictions would apply not just to tobacco products, but also to smoking marijuana and even to vaping.The goal, according to bill sponsor Supervisor Norman Yee, is to protect nonsmoking apartment dwellers from...WW…

Now that the disastrous presidency of Donald Trump is likely coming to an end, presumptive President-elect Joe Biden will get the chance to make good on his promise to create "bold change" in the . On his first day in office, Biden says that he plans to roll back many of Trump's signature policies with his own sweeping executive orders, and he has promised to transform the economy to fight climate change, reassert America's diplomatic and military power abroad, and establish new federal offices like that of a "" to centralize control of commercial industry in response to the coronavirus...…Now that the disastrous presidency of Donald Trump is likely coming to an end, presumptive President-elect Joe Biden will get the chance to make good on his promise to create "bold change" in the . On his first day in office, Biden says that he plans to roll back many of Trump's signature policies with his own sweeping executive orders, and he has promised to transform the economy to fight climate change, reassert America's diplomatic and military power abroad, and establish new federal offices like that of a "" to centralize control of commercial industry in response to the coronavirus...WW…

Having so far failed to uncover any evidence of widespread voter fraud or substantiate claims of "irregularities" in last week's election, President Donald Trump's campaign has now launched its broadest legal effort yet aimed at overturning the apparent results of the election.The , filed Monday in the U.S. District Court for the Middle District of Pennsylvania, argues that "Pennsylvania has created an illegal two-tiered voting system" that runs afoul of the Equal Protection Clause of the U.S. Constitution by applying different standards to in-person voting and mail-in voting. Voters who...…Having so far failed to uncover any evidence of widespread voter fraud or substantiate claims of "irregularities" in last week's election, President Donald Trump's campaign has now launched its broadest legal effort yet aimed at overturning the apparent results of the election.The , filed Monday in the U.S. District Court for the Middle District of Pennsylvania, argues that "Pennsylvania has created an illegal two-tiered voting system" that runs afoul of the Equal Protection Clause of the U.S. Constitution by applying different standards to in-person voting and mail-in voting. Voters who...WW…

Zac Scalf is an Iraq War veteran, a Texas A&M grad, and the content production manager at , a store in Savannah, Georgia. He is also, according to the at Dave Leip's Atlas of U.S. Presidential Elections, running last in the presidential race, with a current total of 29 votes. That's 97 fewer than Keith McCormic of the and 112 fewer than Gary Swing of the —though Swing might belong on a different list, since his website claims he was running for "president of Vermont."Since Scalf wasn't on the ballot in Georgia, he didn't get a chance to cast a vote for himself. (He voted for Donald Trump...…Zac Scalf is an Iraq War veteran, a Texas A&M grad, and the content production manager at , a store in Savannah, Georgia. He is also, according to the at Dave Leip's Atlas of U.S. Presidential Elections, running last in the presidential race, with a current total of 29 votes. That's 97 fewer than Keith McCormic of the and 112 fewer than Gary Swing of the —though Swing might belong on a different list, since his website claims he was running for "president of Vermont."Since Scalf wasn't on the ballot in Georgia, he didn't get a chance to cast a vote for himself. (He voted for Donald Trump...WW…

Joe Biden's and his promises to beef up labor and environmental regulations are the reasons why The Washington Post called his platform "." Given that the former vice president and senator will almost certainly face a Republican Senate and inherit a weakened Democratic majority in the House of Representatives, it remains to be seen what sort fiscal policy he will try to enact, much less be able to pass. In fiscal 2020, the federal government spent $6.6 trillion and posted a $3.1 trillion deficit, potentially setting staggeringly high new baselines for both.But even with a divided government...…Joe Biden's and his promises to beef up labor and environmental regulations are the reasons why The Washington Post called his platform "." Given that the former vice president and senator will almost certainly face a Republican Senate and inherit a weakened Democratic majority in the House of Representatives, it remains to be seen what sort fiscal policy he will try to enact, much less be able to pass. In fiscal 2020, the federal government spent $6.6 trillion and posted a $3.1 trillion deficit, potentially setting staggeringly high new baselines for both.But even with a divided government...WW…

The 2020 presidential election gave libertarian voters few good options: A serially dishonest and incompetent leader who bungled the COVID-19 pandemic and imposed and restrictions versus someone who promised in new spending, who played a in many of the greatest policy failures of the last 30 years, such as the Iraq War, the PATRIOT Act, and the expansion of the drug war.And then there was the Libertarian Party (L.P.). After nominating a pair of popular former governors to run in 2016 who pulled just over 3 percent of the popular vote, the party backed Jo Jorgensen, a Clemson University...…The 2020 presidential election gave libertarian voters few good options: A serially dishonest and incompetent leader who bungled the COVID-19 pandemic and imposed and restrictions versus someone who promised in new spending, who played a in many of the greatest policy failures of the last 30 years, such as the Iraq War, the PATRIOT Act, and the expansion of the drug war.And then there was the Libertarian Party (L.P.). After nominating a pair of popular former governors to run in 2016 who pulled just over 3 percent of the popular vote, the party backed Jo Jorgensen, a Clemson University...WW…

A Biden presidency and a GOP Senate could keep the left out of power for years. Plus: Behind the Trump press conference at Four Seasons Total Landscaping, Pfizer's COVID-19 vaccine sees early success, and more... The nefarious scheme evidently includes Republican officials and Trump-friendly news outlets. Portland’s protesters aren’t going to fade away after the election, but are they stuck in a rut? Navarro is the missing link between the democratic socialists on the left and the economic nationalists on the right.…A Biden presidency and a GOP Senate could keep the left out of power for years. Plus: Behind the Trump press conference at Four Seasons Total Landscaping, Pfizer's COVID-19 vaccine sees early success, and more... The nefarious scheme evidently includes Republican officials and Trump-friendly news outlets. Portland’s protesters aren’t going to fade away after the election, but are they stuck in a rut? Navarro is the missing link between the democratic socialists on the left and the economic nationalists on the right.WW…

Summarizing the key lessons that Democrats should take away from election results that were , Rep. Abigail Spanberger (D–Va.) told fellow members of her caucus during a conference call on Thursday that they shouldn't say the word socialism "ever again."This would be , whether or not it's good political advice. But as it turns out, socialism is looking like a major political loser this election cycle, with the specter of it likely costing former Vice President Joe Biden Indeed, this could be a rough couple of years for progressives: A Biden presidency coupled with a Republican-controlled...…Summarizing the key lessons that Democrats should take away from election results that were , Rep. Abigail Spanberger (D–Va.) told fellow members of her caucus during a conference call on Thursday that they shouldn't say the word socialism "ever again."This would be , whether or not it's good political advice. But as it turns out, socialism is looking like a major political loser this election cycle, with the specter of it likely costing former Vice President Joe Biden Indeed, this could be a rough couple of years for progressives: A Biden presidency coupled with a Republican-controlled...WW…

Written by Nick Gillespie; graphics and edited by Lex Villena; additional graphics, Isaac Reese.Music Credits: "Two Dogs" by Lex Villena, "Charon" by Yehezkel Raz.Photo Credits: Gage Skidmore, Mueller MSC, World Economic Forum, ID 125814381© Korrawin Khanta Dreamstime.com, Dan Smith, ID 48504654 © Piotr Marcinski | Dreamstime.com  A Biden presidency and a GOP Senate could keep the left out of power for years. Portland’s protesters aren’t going to fade away after the election, but are they stuck in a rut? Amidst the anger and nastiness, there are real signs that America is thriving. The only...…Written by Nick Gillespie; graphics and edited by Lex Villena; additional graphics, Isaac Reese.Music Credits: "Two Dogs" by Lex Villena, "Charon" by Yehezkel Raz.Photo Credits: Gage Skidmore, Mueller MSC, World Economic Forum, ID 125814381© Korrawin Khanta Dreamstime.com, Dan Smith, ID 48504654 © Piotr Marcinski | Dreamstime.com  A Biden presidency and a GOP Senate could keep the left out of power for years. Portland’s protesters aren’t going to fade away after the election, but are they stuck in a rut? Amidst the anger and nastiness, there are real signs that America is thriving. The only...WW…

A Biden presidency and a GOP Senate could keep the left out of power for years. Portland’s protesters aren’t going to fade away after the election, but are they stuck in a rut? The only person he needs to convince is himself. This isn't fraud. This isn't a scheme to steal the election. It is the very predictable outcome of the president's own words and actions. Amidst the anger and nastiness, there are real signs that America is thriving.…A Biden presidency and a GOP Senate could keep the left out of power for years. Portland’s protesters aren’t going to fade away after the election, but are they stuck in a rut? The only person he needs to convince is himself. This isn't fraud. This isn't a scheme to steal the election. It is the very predictable outcome of the president's own words and actions. Amidst the anger and nastiness, there are real signs that America is thriving.WW…

When Donald Trump he would have won the popular vote in 2016 if it weren't for "the millions of people who voted illegally," he was only trying to magnify his victory over Democratic presidential nominee Hillary Clinton. Now that he seems to be losing a presidential election, his desperate scramble for explanations has produced conspiracy theories that make his 2016 fantasy pale by comparison. Here are a few of the things the president seems to believe, judging from his at the White House last night.Joe Biden can win only with "illegal votes.""If you count the legal votes, I easily win,"...…When Donald Trump he would have won the popular vote in 2016 if it weren't for "the millions of people who voted illegally," he was only trying to magnify his victory over Democratic presidential nominee Hillary Clinton. Now that he seems to be losing a presidential election, his desperate scramble for explanations has produced conspiracy theories that make his 2016 fantasy pale by comparison. Here are a few of the things the president seems to believe, judging from his at the White House last night.Joe Biden can win only with "illegal votes.""If you count the legal votes, I easily win,"...WW…