Yes, States May Prosecute ICE Agents for Misconduct
Plus: An unsettling comparison between the Iran War and “Lyndon Johnson going into Vietnam.”
Constitution
The Iran War Is Unconstitutional
The president has no lawful authority to launch a war absent a congressional declaration of war.
The Trump Administration Made Habeas Corpus Great Again
More habeas corpus petitions were filed over the last year than in the past three administrations combined because of the administration's mass detention policy.
In Tariffs Dissent, Clarence Thomas Embraced a Dangerous Theory of Executive Power
The conservative justice’s regrettable opinion in Learning Resources v. Trump.
Gorsuch Blasts Thomas, Alito, and Kavanaugh for Favoring Trump's Illegal Tariffs
What explains the fracture in the Supreme Court's "conservative bloc"?
Judge Orders Takeover of Arizona Prison Health Care Following Years of Barbaric Medical Neglect
A federal judge ruled in 2022 that "no legitimate humane system would operate" like Arizona's prison health care system. Three years later, that same judge found the problems still hadn't been fixed.
Small Business Owners Celebrate Supreme Court Striking Down Trump's Tariffs
The battle against the president's so-called reciprocal tariffs is won, but the war for free trade and a stable business environment continues.
Judging the Alito Retirement Rumors
Is the conservative Supreme Court justice planning to retire this year?
DHS Said It Was Targeting the 'Worst of the Worst' in Maine. It Swept Up Asylum Seekers and Noncriminals.
News outlets, civil rights groups, and court records tell a much different story than the government's claims about "Operation Catch of the Day."
A Grand Jury Rejects Trump's Attempt To Prosecute 6 Legislators for Saying Something He Did Not Like
The president was offended by a video reminding military personnel of their duty to disobey unlawful orders.
The House Just Reclaimed Its Tariff Power From Trump. Now Congress Can Try To Strike Down His Canada Tariffs.
Three Republicans defected to vote down an arcane procedural rule that would have made it impossible for the House to vote on Trump’s tariffs until August.
Bad Bunny and the SCOTUS Precedent That Denies Constitutional Rights to Puerto Ricans
Plus: Is this the Supreme Court’s next big immigration case?
The Supreme Court Is Poised To Remind States That the Constitution Doesn't Stop at the Liquor Store
Lower courts keep inventing loopholes to uphold discriminatory booze regulations.
Mike Johnson Wants To Spare ICE the Hassle of Getting the Right Warrant Before Forcibly Entering a Home
Here's a quick reminder of what the Fourth Amendment has to say about that.
A City Fined Her Over $100,000 for Parking on Her Own Grass. The Florida Supreme Court Won't Hear Her Case.
Sandy Martinez's little-known story is a microcosm of the broader debate over what, exactly, transgresses the Eighth Amendment's prohibition on excessive fines.
'I Think DHS Is Going To Be Shut Down for a While'
Plus: More evidence that immigrants are good for America, Trump's call to "nationalize" elections, and more...
Trump vs. Scalia on Sanctuary Cities and the Minneapolis Immigration Crackdown
Plus: Why is the Supreme Court’s tariff decision taking so long?
The Feds Who Killed Alex Pretti Are Heavily Shielded From Being Sued. Blame the Supreme Court for That.
It is nearly impossible to sue a rights-violating federal agent under current caselaw.
Video Shows Miami Beach Detectives Questioning Woman Over Facebook Post Criticizing Mayor
FIRE condemned the police visit: "This blatant overreach is offensive to the First Amendment."
Eyes on Gorsuch as SCOTUS Weighs Transgender Student Athlete Bans
Plus: Still waiting on the tariffs case.
Video Shows Border Patrol Threaten Legal Observer in Key Largo for Following Him
Every federal circuit court that has considered the issue, including the one covering Florida, has upheld a First Amendment right to monitor and record the police.
Why Insulting Brigitte Macron Online Can Mean Prison Time in France
Ten Frenchmen were given fines, jail time, and social media bans for accusing their first lady of being a pedophilic gay man.
Transgender Athletes, Guns, and the Federal Reserve: 3 SCOTUS Cases To Watch in January
The Supreme Court’s January docket is packed with big cases.
Inspector General Report Finds Serious Failures Led to an Inmate Wasting Away From Treatable Cancer
Frederick Bardell died from treatable colon cancer after waiting six months for a colonoscopy.
John Roberts Touts Judicial Independence, Subtly Rebukes Trump in 'Year End Report' on Federal Courts
The chief justice hails the judiciary as “a counter-majoritarian check on the political branches.”
Did Brett Kavanaugh Just Apologize for Butchering the Fourth Amendment? Maybe.
Puzzling over a curious omission from the conservative justice.
The Fourth Amendment's Erratic Year at the Supreme Court
The right to be free from unreasonable search and seizure had a rocky 2025.
Mercy Otis Warren, the Founding Mother Who Opposed the Constitution
Remembering an important voice from the founding era.
DHS Says Recording or Following Law Enforcement 'Sure Sounds Like Obstruction of Justice'
Seven federal circuit courts have upheld the First Amendment right to record and monitor the police.
Yes, the First Amendment Applies to Non-Citizens Present in the United States
A conservative federal judge questions the reach of free speech.
When Originalism Undermines Trump
From birthright citizenship to tariffs, many of the president’s key policies run counter to the Constitution’s original meaning.
A Judicial Solution for Presidential Overreach and Congressional Abdication
The Supreme Court should take a page from its own history.
Bill of Rights Day: How Your Rights Keep Authoritarianism in Check
The document remains remarkably resilient, even as Republicans and Democrats keep launching assaults on liberty.
DHS Continues Airport Cash Seizures, a Year After the Justice Department Ended Them Due to Constitutional Concerns
A year ago the Justice Department suspended the DEA's airport interdiction program because of significant legal risks. The DHS is still using the same tactics.
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.
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.
