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  • DOJ Blows a “Chill” Wind Through the Media

    In recent days, it has been disclosed that the Department of Justice (DOJ) subpoenaed telephone records from Fox News reporters, including chief Washington correspondent James Rosen, and obtained a search warrant for the content of Rosen’s email in connection with another leak investigation. State Department adviser Stephen Jin-Woo Kim has … More

    IRS-Gate: The Potential Criminal Implications

    With the announcement by Attorney General Eric Holder of a criminal investigation of the IRS over the agency’s targeting of conservative Tea Party and other groups, a key question that has arisen is: What are the relevant federal criminal laws that might apply to the misconduct of IRS employees? There … More

    Congress Takes a Positive First Step to Address Overcriminalization

    On Tuesday, Congress took a definite step in the right direction toward addressing the serious problem of overcriminalization by announcing the creation of a bipartisan House Committee on the Judiciary Over-Criminalization Task Force of 2013. The task force, which will be chaired by Representative James Sensenbrenner (R–WI), will consist of … More

    The Arms Trade Treaty and the Second Amendment: Too Risky To Ratify

    On February 26, the American Bar Association’s (ABA) Center for Human Rights issued a white paper on the U.N. Arms Trade Treaty (ATT), which concludes that “the proposed ATT is consistent with the Second Amendment.” This conclusion neglects important facts about the treaty and the processes surrounding it, which we … More

    The Arms Trade Treaty and the Second Amendment: The Dangers of Transnationalism

    On February 26, the American Bar Association’s (ABA) Center for Human Rights issued a white paper on the U.N. Arms Trade Treaty (ATT), which concludes that “the proposed ATT is consistent with the Second Amendment.” This conclusion neglects important facts about the treaty and the processes surrounding it, which we … More

    The Arms Trade Treaty and the Second Amendment: Encouraging Executive Actions

    On February 26, the American Bar Association’s Center for Human Rights issued a white paper on the U.N. Arms Trade Treaty (ATT), which concludes that “the proposed ATT is consistent with the Second Amendment.” This conclusion neglects important facts about the treaty and the processes surrounding it, which we are … More

    The Arms Trade Treaty and the Second Amendment: Answering the American Bar Association

    On February 26, the American Bar Association’s Center for Human Rights issued a white paper on the U.N. Arms Trade Treaty (ATT), which concludes that “the proposed ATT is consistent with the Second Amendment.” This conclusion neglects important facts about the treaty and the processes surrounding it, which we will … More

    The So-Called Gun Show Loophole: Lies, Damned Lies, and Statistics

    There is a lot of misinformation circulating about background checks for gun ownership. Under the Brady Handgun Violence Prevention Act—which created the National Instant Criminal Background Check System (NICS)—all federal firearms licensees are required to conduct a background check for all firearms transactions, even if they sell the firearm at … More

    Court Rebukes Obama Administration’s “Trust Us” Revision of the HHS Mandate

    The influential D.C. Circuit Court of Appeals has issued a short procedural order rebuking the Obama Administration in a lawsuit that was filed by Wheaton College and Belmont Abbey College. The two religiously affiliated organizations had challenged the Department of Health and Human Services’ (HHS) anti-conscience mandate that requires them … More

    Supreme Court to Hear Defense of Marriage Act Challenges: Legal Analysis

    It’s official: The Supreme Court announced today that it will take up the Defense of Marriage Act (DOMA) this term. This was hardly unexpected. As we previously noted, the High Court was almost certain to hear one or more of these cases after two federal circuit courts struck down DOMA … More