Capricious Leviathan

Kevin Drum is discussing secret laws and secret regulations:

I would just like to say — calmly for now — that I don't think this is right. If someone can explain to me why it is right, I'm all ears.
UPDATE: Responding to my original post, Orin Kerr points out that the secret TSA "law" in question is actually a secret regulation. I'm not sure this is really any better, and might actually be worse, since I imagine it's a lot easier to promulgate a secret regulation than to pass a secret law.
In any case, apparently we have both secret regulations and secret laws. This does not help me to sleep easily at night.

I would urge everyone to follow this, which sounds curious as well as important. The libertarian right, and those calling for transparency from other governments, should be all over this.