Unanimous Supreme Court Says Internet Service Provider Not Liable for Internet Users' Illegal Downloads
Plus: What George Orwell thought about Friedrich Hayek.
Supreme Court
A Lawsuit Settlement Highlights Trump's Hypocrisy on Government Meddling With Social Media
Despite its rejection of the Biden administration's interference, the Trump administration is still asserting authority over online speech.
Donald Trump and Markwayne Mullin Insist That Politics Should Prevail Over Principle
The president and his new DHS secretary are enraged by jurists and legislators who refuse to toe the party line.
Arresting a Reporter for Asking Questions Was a 'Blatant First Amendment Violation,' Sonia Sotomayor Says
The justice dissented from the Supreme Court's denial of a petition from a Texas journalist who was charged with felonies for practicing journalism.
Mail-In Ballots, the 2026 Election, and the Supreme Court
What’s at stake in Watson v. Republican National Committee.
The DOJ Wants To Drop Charges Against 2 Cops Who Played a Crucial Role in Breonna Taylor's Death
But for a fraudulent and misleading warrant affidavit, Taylor would not have been killed during a fruitless late-night drug raid.
Judges and Justices Should Be Independent, Trump Says, As Long As They Side With Him
The president says federal courts should not make decisions based on partisan considerations unless it benefits him.
Roscoe Conkling, the Political Boss Who Twice Declined a Supreme Court Appointment
The Republican stalwart thought he could wield more power from the Senate than he ever could from the Supreme Court.
Kavanaugh Should Be Embarrassed by Trump's Praise for His Tariffs Dissent
Plus: Brian Doherty, RIP.
Yes, the First Amendment Protects Free Speech for Noncitizens
"Freedom of speech and of press is accorded aliens residing in this country," according to a 1945 Supreme Court ruling.
Brendan Carr Says He Can Police TV Journalism Because Broadcast Licenses Are 'Free'
The FCC chairman's reasoning is faulty.
My New Lawfare Article on "Slavery and Birthright Citizenship"
The article explains how all the standard arguments for denying birthright ctizenship to children of undocumented immigrants are at odds with the main purpose of the Citizenship Clause of the Fourteenth Amendment
The Enduring Fight Over 'Fighting Words'
More than eight decades ago, the Supreme Court invented a vague First Amendment exception that would-be censors continue to invoke.
The Supreme Court's Approval Ratings Have Dropped. Does It Matter?
What happens if both political parties come to distrust the Court’s judgment?
Virginia's Impending 'Assault Firearm' Ban Is Logically and Constitutionally Dubious
The ban, which targets guns based on criteria that make little sense, seems vulnerable to a challenge under the Supreme Court's Second Amendment precedents.
Can the Government Ban You from Telling the Truth?
Mark Chenoweth discusses the SEC’s gag rule, the power of the administrative state, and the legal battle over whether regulators can silence their critics.
Trump's New Tariff Plan Still Asserts a Crisis That Does Not Exist
The president’s invocation of Section 122 conflates a trade deficit with a balance-of-payments deficit.
Will SCOTUS Review the Iran War's Constitutionality? Don't Count on It.
The judiciary is largely absent from the long-running constitutional debate over undeclared foreign wars.
Previewing Suncor Energy v. Boulder County
A Federalist Society forum on the first big case of OT 2026.
Controversial Geofence Warrants Face Supreme Court Challenge
Technological innovations allow the authorities to see who has visited whole geographic areas.
Lawsuit: Trump's Newest Tariffs Are an 'Exercise of Completely Unrestrained Executive Power'
The lawsuit, filed by attorneys general and governors from 24 states, claims that Trump is once again trying "to usurp the taxing power that the Constitution vests in Congress."
After Paying Illegal Tariffs, Will Small Businesses Get a Refund? 'I'm Not Holding My Breath.'
Even if the refunds are made, business owners say they won't cover all the additional costs created by Trump's chaotic trade policies.
Yes, States May Prosecute ICE Agents for Misconduct
Plus: An unsettling comparison between the Iran War and “Lyndon Johnson going into Vietnam.”
Civil Libertarians Left and Right Unite To Oppose Disarming Cannabis Consumers
A Supreme Court case illustrates the potential for trans-partisan alliances between critics of gun control and critics of the war on drugs.
An Iowa Pot User Serving 4 Years for Gun Possession Gets Another Chance To Challenge His Prosecution
Alexander Ledvina was convicted of violating a federal law at the center of a Second Amendment case that the Supreme Court is considering.
SCOTUS Seems Skeptical of the Federal Ban on Gun Possession by Cannabis Consumers
Most of the justices seemed unsatisfied by the Trump administration's argument that the law is constitutional as applied to a Texas marijuana user.
Trump Thinks Any Judge Who Rules Against Him Is in League With the 'Radical Left'
The president's wildly inaccurate ideological labels are no more meaningful than his other ad hominem attacks on people who disagree with him.
Birthright Citizenship Re-Examined (from an Originalist Perspective)
Professor Michael Ramsey revisits the original public meaning of the 14th Amendment's citizenship clause.
"The Docket that Shall Not Be Named"
A discussion of the [shadow/interim/emergency/other] docket with Professor Kate Shaw.
The 4 Economic Myths Powering Trump's New Tariff Push
American businesses and consumers absorbed nearly 90 percent of the 2025 tariffs' economic burden, the Federal Reserve Bank of New York found.
The Postal Service's Recent Supreme Court Win Is Bad News for Government Accountability
Federal officials enjoy too much immunity from being sued over their misconduct.
The ACLU, Long Leery of the Second Amendment, Joins the NRA in Urging SCOTUS To Uphold Pot Users' Gun Rights
"We see this as an important civil liberties issue," says an ACLU lawyer.
Will the Trump Administration Pay the Tariff Refunds It Promised?
It said that if it lost in court, it would refund companies that paid unlawful tariffs. Now it says the process could take years.
The Supreme Court's Tariff Decision Vindicates the Rule of Law and the Separation of Powers
Although Trump has other options for taxing imports, the justices reminded him that he needs clear congressional authorization.
Trump's Tariffs Are Not Going To Eliminate the Income Tax
And that's especially true if the tariffs are illegal.
In Tariffs Dissent, Clarence Thomas Embraced a Dangerous Theory of Executive Power
The conservative justice’s regrettable opinion in Learning Resources v. Trump.
Trump Replaces Old Illegal Tariffs With New Illegal Tariffs
Plus: The U.S. could be going to war with Iran, the 2026 Winter Olympic Games, and why AI surveillance is worrying civil libertarians
Trump's Rationale for His New Tariffs Contradicts the Position He Took Before His Supreme Court Defeat
The president is relying on a provision that the government's lawyers said had no "obvious application" to his goal of reducing the trade deficit.
Trump's New Tariffs Are Probably Illegal Too
Attorneys for the Trump administration even admitted that Section 122 can't be applied to address trade deficits. Trump is now trying to do that anyway.
Climate Change Goes Back to the Supreme Court -- Colorado Edition
The Supreme Court granted certiorari in Suncor Energy v. County Commissioners of Boulder County
The Roberts Court Rejects Trump's Tariffs
An initial take on Learning Resources v. Trump.
Trump's Tantrum Over the Tariff Decision Highlights His Narcissistic Authoritarianism
The president neither understands nor appreciates the vital role of judicial independence in upholding the rule of law.
The Supreme Court Didn't Fully End the Trade War, but It Reinforced Limits on the Presidency
President Trump will undoubtedly keep trying to impose protectionism, but his options are limited.
Trump on the Supreme Court's Tariff Decision
It wasn't the Court's opinion that is an "embarrassment."
