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HIGHLY recommended. The best thing you will read on drug policy this year.

Thanks Jacob Sullum for reviewing my book in this month's issue of reason 6 Cases That Paved the Road to Mass Incarceration reason.com/2025/04/21/6-c… via reason

With oral argument wrapping up, it looks like the government is likely to win in Braidwood, saving the constitutionality of the preventive services mandate. There's a small chance of a remand on whether Congress has vested the HHS Sec with appointment authority. But it's small.

Link: tinyurl.com/3cxe6bh6

it's a good paper, people, read it while it's hot

Today in the Ad Law Reading Room--Dan Deacon writes "Appropriations Presidentalism . . . is both a short and engaging introduction to the issues and an extremely thoughtful preliminary assessment of an important development." Thanks Dan! yalejreg.com/nc/ad-law-read…

The Supreme Court asked for supplemental briefing in the big case about preventive services and the Appointments Clause that was just argued. I've got a rundown on the order over at Divided Argument (link below):

"We write today in our individual capacities as law professors and members of the legal profession to express our collective concerns about recent federal executive actions that erode democracy, the rule of law, freedom of speech, and due process." Martha LA Fineman

There is so much happening with our checks and balances right now that it can be hard to follow. We did our best today in lawfare to explain what's happening to federal spending, and how the courts fit in.

Thank you to the wonderful editors of the Indiana Law Journal for bringing "Super-Groups: Legal Empowerment and Public Law" to print! My best effort to explore who the "powerful" are and the role of law in making them that way. repository.law.indiana.edu/ilj/vol100/iss…

Surreal honor to be among a truly impressive list of experts recently appointed to serve as public members and senior fellows of the Administrative Conference of the United States. acus.gov/article/admini…

My latest on the Divided Argument blog: "Trump 2.0 and the Supreme Court Reform Debate" open.substack.com/pub/dividedarg…

"Within only a couple months, Sewell became addicted to the app." Big decision denying motion to dismiss on 1A grounds today in Garcia v. Character A.I., the first case against a chatbot for allegedly contributing to a teen's death. Full opinion here: tinyurl.com/496s4epn

People should be able to freely express themselves online.  AI bots are not people. Companies who build AI bots to addict our kids are not engaging in expressive speech and thankfully our courts agree.

Great plenary session at ASLME Health Law Professors Conference ft. Matthew B. Lawrence Nina Kohn Medha D. Makhlouf Maya Manian Joan Krause Aaron Kessleheim: Updates on healthcare law & policy in tumultuous times. #HLP2025