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.
Supreme Court
9 Years Ago, Marco Rubio Explained Why Trump's Birthright Citizenship Order Is Unconstitutional
The 2016 brief defended the understanding of the 14th Amendment that the president wants to overturn.
Do Cops Still Need a Warrant To Search Your Home in an 'Emergency'?
SCOTUS will soon decide.
Goldsmith's Sense and Edsall's Nonsense about the Supreme Court (Updated)
A New York Times column on the Supreme Court offers a misleading picture and errant analysis.
Why the Supreme Court is Highly Unlikely to Overturn Obergefell in the Kim Davis Case
My Cato Institute colleague Walter Olson explains.
Automated License Plate Readers Are Watching You
The technology enables routine surveillance that would have troubled the Fourth Amendment’s framers.
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.
How Protectionist Wine and Liquor Laws Violate the Constitution
The Commerce Clause protects free trade between the states.
A First Amendment Lawsuit Highlights the Chilling Impact of Speech-Based Deportation on Student Journalists
The Foundation for Individual Rights and Expression is seeking an injunction that would protect noncitizens at The Stanford Daily from arrest and removal because of their published work.
The Government Seized 7 Horses From a Georgia 'Urban Cowboy.' A Court Says He Can Sue.
In a rare and significant decision, a federal court ruled Brandon Fulton can sue directly under the Takings Clause—without Congress creating a specific remedy.
Federal Circuit Judges Question Trump's Discovery of Vast Tariff Powers
The president is claiming "unbounded authority" to impose import taxes based on a law that does not mention them.
Gun Rights Groups Sue To Overturn Federal Weapons Registration
The case argues that, since the One Big Beautiful Bill Act eliminated taxes on the transfer of certain weapons, the constitutional basis for registering those weapons no longer exists.
The Government Fined This Farm Over $550,000—Mostly for a Paperwork Violation
Joe and Russell Marino will finally get their day in court. The ruling represents a turning of the tide when it comes to the fairness of such proceedings, where agencies have long played both prosecutor and jury.
Upholding a Vaccine Mandate, the 9th Circuit Embraces an Alarmingly Broad Definition of 'Public Health'
The appeals court held that the government may require COVID-19 shots based purely on the benefits to recipients.
Will the Sixth Circuit Get a Summary Reversal in Another Habeas Case?
In Chandler v. Brown, the Sixth Circuit may have been too quick (again) to grant a habeas petition.
Are We Witnessing "Appeasement"? A Reply to Steve Vladeck
A defense to Steve Vladeck's critique and a brief comment on Adrian Vermeule's related op-ed in the New York Times.
Justice Kavanaugh on the Peril of Writing Shadow Docket Opinions
Rushing out opinions can lock in erroneous conclusions and create problematic precedent.
On Sanctuary Cities, It's Trump vs. the 10th Amendment
The anticommandeering doctrine stands in the way of Trump’s immigration crackdown.
The Government Took Their Home Equity Over Modest Debts. Michigan's Supreme Court Just Threw Them a Lifeline.
Years after home equity theft was ruled unconstitutional, Michigan keeps looking for ways around the ruling.
The ACLU Says a New York Official Violated the NRA's First Amendment Rights. They Still Can't Sue Her.
A federal court concluded the official was entitled to qualified immunity in a case that united two unlikely allies.
An Arkansas Town Agrees To Remove a License Plate Camera Aimed at a Couple's Home
Local officials initially were unfazed by complaints that the constant surveillance raised serious privacy concerns.
Mistaking Adherence to Formalist Principle for Appeasement
The Supreme Court's critics are too quick to assume the Court's orders are motivated by political considerations as opposed to principle.
Environmental Protection Agency
Why Is the Army Corps Still Harassing Idaho Landowners?
Idaho landowners are facing ruinous fines because the Army Corps of Engineers refuses to follow the Supreme Court’s Clean Water Act ruling in Sackett v. EPA.
Trump's Birthright Citizenship Order Is Unconstitutional, Says the First Appeals Court to Consider the Issue
The judgment is not surprising, since the president's reading of the 14th Amendment contradicts its text and history, plus 127 years of Supreme Court precedent.
What Neil Gorsuch Gets Wrong About Judges and Government Power
Plus: Ozzy Osbourne, RIP.
SCOTUS Stays Injunction Against Removal of CPSC Commissioners
Further indication that independent agencies will not be "independent" much longer.
Universal Injunctions Are Dead; Long Live Universal Remedies?
Trump v. CASA was important, but it is not clear district courts have gotten the message.
The Problem With the Supreme Court's 'Shadow Docket'
Plus: Did Mario Vargas Llosa write the world’s greatest political novel?
Hunter Biden Walks Free While This Iowa Man Serves 4 Years for the Same 'Crime'
The contrast between the two cases illustrates the haphazard impact of an arbitrary, constitutionally dubious gun law.
For Years, Oregon Stole People's Home Equity Over Modest Tax Debts. A New Law Puts an End to That.
The state just cracked down on a form of state-sanctioned robbery, where governments seized and sold homes over minor tax delinquencies—and then pocketed the profits.
The Trump Administration Defends the Federal Ban on Interstate Handgun Sales
In response to a Second Amendment lawsuit, the government says the restriction "serves legitimate objectives" and "only modestly burdens" the right to arms.
Why a Trump-Appointed Judge Is Torching His Own Court's Approach to Qualified Immunity
Judge James C. Ho recently described a troubling phenomenon on the 5th Circuit and the government abuse it enables.
Will Trump Actually Close the Education Department?
Plus: Cuomo has a hard time taking no for an answer, a pro-party manifesto, Trump's about-face on Ukraine, and more...
The Class Action Threat to Trump's Birthright Citizenship Order
Plus: A fond farewell to Black Sabbath.
What Do Progressives Want for the Courts?
There's a tension between Progressives' efforts to delegitimize the courts and hopes the judiciary to constrain executive power.
2 New Jersey Journalists Face Criminal Charges for Publishing Information From a Police Blotter
The prosecution, the latest example of local attempts to criminalize news reporting, is blatantly at odds with First Amendment principles.
Justice Jackson Wants People to Focus on "What Is Happening in Our Country and in Our Government" (Updated)
Justice Jackson Sees Her Colleagues' Rulings As Threats to Democracy and the Rule of Law
The Trump Administration Says Its Speech-Based Deportation Policy 'Does Not Exist'
The government’s lawyers also say that supposedly nonexistent policy is perfectly consistent with the First Amendment.
NIMBY Lawsuit Accidentally Abolishes City's Entire Zoning Code
Plus: The Supreme Court declines to hear major eviction moratorium case, Maine passes zoning reform, and why tourist traps are good, actually.
There's No Good Reason for Cities and States To Build or Subsidize Sports Stadiums
“There's no such thing as a free stadium,” says J.C. Bradbury. “You can't just pull revenue out of thin air.”
Gun Rights Groups Welcome the Demise of Illogical and Constitutionally Dubious Federal Firearm Taxes
The taxes on sound suppressors, short-barreled rifles, and short-barreled shotguns, originally enacted in 1934, were meant to be prohibitive, imposing bans in the guise of raising revenue.
A Broad Ruling Against Trump's Immigration Policies Illustrates Alternatives to Universal Injunctions
Class actions and Administrative Procedure Act claims can achieve much the same result as the nationwide orders that the Supreme Court rejected.
Federal Prison Guards Allegedly Beat an Inmate to a Pulp. The Supreme Court Says He Can't Sue.
The ruling tells an interesting story about how the very body that created a cause of action for victims of federal abuse has since worked to undermine that right.
Trump's 'Giant Win' Does Not Validate His Unconstitutional Birthright Citizenship Order
Tellingly, the president avoided defending his dubious interpretation of the 14th Amendment at the Supreme Court.
Trump Says the Courts Have No Business Questioning His Dubious Definition of 'Alien Enemies'
The U.S. Court of Appeals for the 5th Circuit is considering whether the president properly invoked the Alien Enemies Act to deport alleged gang members.
Trump Is Now More Powerful Thanks to the Supreme Court. But Will It Last?
Plus: Conservatives won big overall this year at the Supreme Court.
School Choice Could Fix the Conflicts That Led to the Supreme Court's Mahmoud Decision
There’s no need to fight over lessons if you’re not forced to learn in government-run battlegrounds.
Justice Kagan on Universal Injunctions in 2022
Justice Kagan said "it just can't be right" that a single court judge can stop a federal policy in its tracks nationwide.
