Trump Has Good Reason To Complain About Limits on His Ability To Fire Executive Officers
His position is grounded in concerns about the separation of powers that presidents of both major parties have raised for many years.
Supreme Court
Presidents Should Not Ignore Court Rulings
Vice President J.D. Vance believes presidents can ignore the courts in some situations. Are we heading for a constitutional crisis?
Calls for Popular Constitutionalism in the Rear-View Mirror
Suggestions that the Executive Branch Ignore Federal Court Rulings May Look Different Today than When They Were Proposed.
Two Injunctions Against Trump's Citizenship Decree Expose the Weakness of His Arguments
Federal judges in Washington and Maryland say the president's attack on birthright citizenship flouts the 14th Amendment and 127 years of judicial precedent.
The 5th Circuit Says the Federal Ban on Handgun Sales to Young Adults Is Unconstitutional
The government failed to persuade the appeals court that 18-to-20-year-olds are not part of "the people" or that the age restriction is consistent with the "historical tradition of firearm regulation."
The University of Tennessee Nearly Expelled a Student for Racy Tweets, Now Agrees To Pay Her $250,000
The settlement vindicates Kimberly Diei's First Amendment right to comment on sexually explicit rap songs without suffering government retaliation.
Justice Thomas Is Not Happy with the Sixth Circuit (Again)
A dissent from the denial of certiorari in another Sixth Circuit Habeas case.
Trump's Citizenship Decree Signals His Willingness To Flout the Constitution
The executive order contradicts the 14th Amendment and 127 years of judicial precedent.
The FBI Wrongly Raided This Family's Home. Now the Supreme Court Will Hear Their Case.
Curtrina Martin's petition attracted support from a bipartisan group of lawmakers.
Guns and Grammar
Though awkward and antiquated, the Second Amendment’s syntax and grammar unambiguously protect gun rights.
TikTok or Not, Americans Still Have a Right To Receive Communist Propaganda
A unanimous Supreme Court decision established as much in 1965.
Trump's Death Penalty Executive Order Aims To Expand Execution
The order directs the attorney general to ensure that states have the drug cocktails to carry out lethal injections.
In Print: Sweeping Section Three Under the Rug
My latest article with Michael Stokes Paulsen is in print
New Episode: Reference Check
Dan Epps and I discuss Royal Canin v. Wullschleger and TikTok v. Garland on the latest episode of Divided Argument
Can a School Require Students to Learn about Sexuality and "Cisnormativity" Over Parents' Religious Objection?
In granting Mahmoud v. Taylor, the Supreme Court has agreed to consider this question.
SCOTUS Rules in Favor of TikTok Ban as Some Supporters Realize It's a Bad Idea
"I cannot profess the kind of certainty I would like to have about the arguments and record before us," writes Justice Gorsuch.
So…Is TikTok Really Getting Banned?
The Supreme Court appears poised to uphold a ban on the app, but many creators aren't so sure.
The Future of Online Porn Is At Stake Today
The Supreme Court is hearing arguments in a Texas case that could have major ramifications across the country—including, perhaps, the end of anonymity online.
The Law That Disarmed Trump Is Unfair, Illogical, and Constitutionally Dubious
The president-elect lost his Second Amendment rights thanks to a nonsensical gun ban.
Maryland Cop Who Recklessly Shot a 5-Year-Old Boy Got Qualified Immunity
The Cato Institute is urging the Supreme Court to take up the case and reaffirm that the liability shield does not apply to "obvious rights violations."
Supreme Court Denies Certiorari in Climate Tort Suits
The justices are not persuaded to intervene in state-law climate litigation.
Supreme Court Denies Certiorari for Braidwood Nondelegation Claim
The Court will only consider one of the issues in Braidwood Management v. Becerra
'The Constitution Is Not a Suicide Pact'
How a 1949 Supreme Court dissent gave birth to a meme that subverts free speech and civil liberties
Supreme Court Grants Certiorari in Becerra v. Braidwood Management
Another significant administrative law grant of certiorari (and a dog that didn't bark).
TikTok Took a Beating at the Supreme Court
Justice Neil Gorsuch criticized "the government's attempt to lodge secret evidence in this case." Still, things look grim for the app.
Trump's Latest Defeat Is One of Many Decisions That Suggest SCOTUS Won't Rubber-Stamp His Agenda
Despite some notable wins, the president-elect's overall track record shows he cannot count on a conservative Supreme Court to side with him.
5th Circuit Reaffirms That Prosecuting a Marijuana User for Illegal Gun Possession Was Unconstitutional
Patrick Darnell Daniels Jr. was sentenced to nearly four years in prison for violating a federal law that bars drug users from owning firearms.
He Lost the Title to His Home Over a Small Property Tax Debt. Years Later, He's Finally Getting It Back.
A local government gave ownership of Kevin Fair's Nebraska house—and all of its value—to a private investor, in a practice known as home equity theft.
Rights and Wrongs of Chief Justice Roberts' Year-End Report on the Judiciary
Roberts identifies genuine problems, but little in the way of good solutions. He also sometimes overlooks ways in which the Supreme Court is partly responsible for the challenges the judiciary faces.
Supreme Court Can Protect Property Owners From Eminent Domain Abuse
A Utica, New York, land grab offers the justices an opportunity to revisit a widely criticized precedent.
Could the FDA's Approach to Vaping Cause an Increase in Smoking?
A growing body of evidence suggests bans on flavored vaping products will result in more young people smoking, but the FDA does not seem to care.
The Government Took a Developer's Land and Gave It to a Competitor. In New York, That's Business As Usual.
The case gives the Supreme Court an opportunity to revisit a widely reviled decision that invited such eminent domain abuses.
A Final(?) Attempt to Resurrect the Kids Climate Case
The Juliana plaintiffs are again seeking Supreme Court review of their case.
A SWAT Team Destroyed an Innocent Woman's House. The Supreme Court Won't Hear Her Case.
Whether or not the government is required under the 5th Amendment to pay such victims will remain an open question.
Influencers Are Here To Stay—Now It's Time To Modernize Labor Laws
A TikTok ban could devastate thousands of independent workers, but the real challenge lies in modernizing labor laws to support the new economy.
We Don't Need Terrorism Laws When Murder Is Already Illegal
The government has given itself special powers to deal with crimes that it could already prosecute.
Supreme Court To Hear TikTok Ban Case
The ban violates the First and Fifth Amendments. Strike it down.
Supreme Court Adds Two Potentially Significant Cases to OT2024 Docket
December certiorari grants on standing and religion are early holiday gifts for Court watchers.
Was the Supreme Court Wrong About Presidential Immunity?
Glenn Greenwald and Elizabeth Price Foley debate Trump v. United States and its implications for presidential powers.
He Was Convicted of a Felony for Holding a Gun on the Sidewalk in Front of His House
Gabriel Metcalf argues that his prosecution under the Gun-Free School Zones Act violated his constitutional right to keep and bear arms.
Supreme Court Punts on Racial Discrimination Case
The Supreme Court's refusal to hear Boston Parent Coalition for Academic Excellence v. The School Committee for the City of Boston is bad news for equality under the law.
Justice Jackson Authors First Decision of OT2024
The junior justice authors a unanimous immigration law decision for the first of the term.
A Change in Administrations Underlines the Stakes of an E-Cigarette Case SCOTUS Heard This Week
An e-liquid manufacturer is challenging the FDA's "arbitrary and capricious" rejection of flavored vaping products.
Food and Drug Administration Defends Refusal To Approve Flavored E-Cigarettes Before the Supreme Court
The FDA’s regulations are burdensome and unnecessary to address the inflated high school vaping epidemic.
Trump Cannot Restrict Birthright Citizenship by Presidential Edict
The executive order that the president-elect plans to issue contradicts the historical understanding of the 14th Amendment.
The Dismissed Federal Cases Against Trump Involved Substantial Evidence of Serious Misconduct
In response to charges that he illegally interfered with the 2020 election and improperly retained presidential records, Trump insisted that he was entitled to do whatever he wanted based on preposterous claims.
Supreme Court Grants Certiorari in Nondelegation Case
A challenge to the FCC's Universal Service Fee could produce a major administrative law decision.
