No, SCOTUS Did Not 'Invent' Judicial Review in Marbury v. Madison
The Supreme Court’s power to nullify legislative and executive acts is inherent in the Constitution.
Constitution
Some Say the Constitution Has Failed. This Thanksgiving, Here's Why It Hasn't.
Most countries emerged from a shared language, lineage, or ancient heritage. The United States built a state first and then had to discover what it meant to be a nation.
Some Democrats Urge the Military To 'Refuse Illegal Orders.' What if the IRS, ATF, and EPA Did the Same?
Much of what the federal government does on a daily basis flouts constitutional protections and offends human decency.
The Forgotten Classical Liberal Who Fought Jim Crow and Championed Immigration
Remembering the legacy of a principled legal activist.
Missouri Town Will Pay $500K To Settle Lawsuit Over Deputy Shooting Blind and Deaf Dog
The Animal Legal Defense Fund says it's one of the largest settlements for the police killing of a dog.
Heat Index Inside a South Florida Prison Hit 119 Degrees, Report Says
A lawsuit challenging extreme heat in a Florida prison collected temperature readings during the summer. It found brutal heat persisted day and night.
A New Lawsuit Says New York's Rent Law Is Forcing Landlords To Keep Apartments Empty
Landlords argue that rent caps on vacant units prevent them from financing the costs of legally mandated renovations.
Why Does SCOTUS Hear So Few Second Amendment Cases?
The right to keep and bear arms occupies a curious place in American legal history.
You Can Thank This Ohio Klansman for Expanding Your Freedom of Speech
Brandenburg v. Ohio established the "imminent lawless action" standard. More than 50 years later, partisans keep trying to apply it selectively.
On Tariffs, It Was Gorsuch vs. Trump at SCOTUS
The legal challengers to Trump's tariffs had a good day in court.
Illinois Is Taking the Feds to Court Over 'Trump's Invasion' of Chicago
"The Trump Administration's Department of War gave me an ultimatum: call up your troops, or we will," Gov. J.B. Pritzker said.
A Portland Family Says Their Dad Was Wrongly Arrested by ICE. Now He's Lost in Immigration Detention.
For the past two weeks, Juan Barbosa Gomez has been in federal immigration detention, but he doesn't show up on ICE's online detainee locator. His family says he has valid work permit and no criminal record.
When the Government Censored Dracula, Frankenstein, and King Kong
Remembering a monstrous era of American history
Man Accused of Soliciting Teen Girl Walks Because of Federal Overreach
The DOJ tried to claim jurisdiction because he drove on a road.
A D.C. Man Was Arrested for Mocking National Guard Troops with Star Wars' 'Imperial March.' Now He's Suing.
Sam O'Hara went viral for playing "The Imperial March" behind groups of National Guard soldiers in D.C. He also says it led to him being illegally detained.
What the Japanese Internment Case Teaches About Judicial Deference to Presidential Power
Long-ago debates about executive authority are not as distant as they might initially seem.
Trump Campaigned on Free Speech. That Isn't How He's Governed.
Politicians across the aisle love free speech—until they're in power.
On National Guard Deployments, Trump Tells SCOTUS His Power Is 'Unreviewable'
Will the Supreme Court grant Trump the overwhelming judicial deference he demands?
Coming Soon to the Supreme Court: Are Tariffs Taxes?
The correct answer is: Yes, even when they are also regulations. Whether the Court agrees could determine the future of presidential power.
SCOTUS Probably Won't Put Any New Limits on Warrantless Home Searches
The Supreme Court heard oral arguments this week about the "emergency aid exception" to the Fourth Amendment.
Is the Supreme Court's Shadow Docket Causing a 'Judicial Crisis'?
Multiple judges say SCOTUS is going out of its way to grant emergency relief to the president without even bothering to explain why.
Deploying Troops to American Cities Is an Assault on the Constitution
Federal troops are also ill-suited to handle local policing issues.
Amy Coney Barrett Is Right To Reject 'Common Good Constitutionalism'
Limits on government power are a venerable and beneficial feature of our system.
The Constitution Does Not Allow the President To Unilaterally Blow Suspected Drug Smugglers to Smithereens
If the Trump administration wants to use military power, it should seek authorization from Congress, says Sen. Rand Paul.
Warrantless Searches, Tariffs, and the Unitary Executive: 3 SCOTUS Cases To Watch This Fall
In a new Supreme Court term packed with big cases, these disputes stand out.
SCOTUS Will Consider a Challenge to Hawaii's Default Rule Against Guns on Private Property Open to the Public
The law is one of several attempts to override the right to bear arms by making it impractical to exercise.
After Repeatedly Losing in Lower Court, Trump Asks SCOTUS To Review His Birthright Citizenship Order
Plus: Justice Anthony Kennedy wrote a book.
Why Did a Florida Sheriff Accuse a Group of Fishing Guides of Inciting Threats Against Public Officials?
The Hendry County Sheriff accused Captains for Clean Water of "fuel[ing] hostility and provok[ng] violent rhetoric," but a free speech advocacy group says they were well within the First Amendment.
Trump's Latest Tariff Defense Asserts Uncheckable Executive Power
The president’s attempt to evade the major questions doctrine deserves to be rejected.
Trump's 'Firing' of Lisa Cook Is Headed for SCOTUS
Plus: Pam Bondi flunks free speech 101.
House Republicans Just Voted To Give Even More Tariff Power Away to Trump
House Republicans passed a resolution that prevents Congress from ending the national emergency Trump is using to impose tariffs until March 31.
Amy Coney Barrett's Case for Originalism Falls Short
The Supreme Court justice’s new book fails to practice the historical fidelity it preaches.
Kavanaugh Flouts the Fourth Amendment and Blesses Trump's Racial Profiling
The justice’s stance on immigration enforcement is undermined by the facts of the case before him.
Prison Guards Forcibly Cut a Rastafarian Inmate's Dreadlocks. SCOTUS Will Decide If They Can Be Sued Over It.
The Supreme Court will hear Landor v. Louisiana Department of Corrections and Public Safety this fall.
Walz's Gun Plan Wouldn't Stop Shootings, but It Might Shred Civil Liberties
Minnesota's proposed firearm restrictions raise serious constitutional questions—and offer little in return.
RFK Jr.'s Wild Week
Plus: The National Guard standoff in Chicago, navigating debates when you’re outnumbered, and a court ruling that could upend Trump’s tariff agenda.
When It Comes to Fighting Crime With the National Guard, Trump Says, He Can Do 'Anything I Want To Do'
The president's plan to promote public safety by deploying troops in cities across the country is hard to reconcile with constitutional constraints on federal authority.
Is This the Supreme Court's Next Big Abortion Case?
Plus: An impressive book by a Supreme Court justice.
Is Gay Marriage Really Under Threat at the Supreme Court?
Asking SCOTUS to hear a case is not the same thing as convincing SCOTUS to hear a case.
Trump's D.C. Goon Squads Are Un-American
The president ordering federal agents onto the street is not how routine policing should work, even in the nation's capital.
Do Cops Still Need a Warrant To Search Your Home in an 'Emergency'?
SCOTUS will soon decide.
Was the Bill of Rights a Bad Idea? Some Founding Fathers Thought So.
Did they have a point?
Are Trump's Deportations Constitutional?
Glenn Greenwald debates Anna Gorisch on Trump's deportation policies.
Trump Asks Supreme Court To Bless Racial Profiling by Immigration Agents
The federal government has embraced unconstitutional tactics and now wants SCOTUS to do the same.
They Fled Socialism and Came to the U.S. Legally. Now the Trump Administration Is Trying To Deport Them.
For years, the president has rightly railed against those oppressive regimes. So why is his administration targeting their victims?
How Protectionist Wine and Liquor Laws Violate the Constitution
The Commerce Clause protects free trade between the states.
Trump's Immigration Crackdown Imperils the Fourth Amendment Rights of U.S. Citizens
A federal court says U.S. citizens “are likely to succeed in showing” that immigration agents violated their rights.
On Sanctuary Cities, It's Trump vs. the 10th Amendment
The anticommandeering doctrine stands in the way of Trump’s immigration crackdown.
