Month: June 2026
Open Thread
What’s on your mind?
Trump's Position in the White House Ballroom Case Reflects His General Resistance to Judicial Review
The president has repeatedly argued that courts have no business deciding whether his actions are legal.
Why You Can't Settle Mars or Colonize the Moon Without Real Property Rights
The Outer Space Treaty and other legal obstacles could block our sci-fi future.
J.D. Vance and Mike Johnson Slam L.A. Mayoral Primary Outcome
Robby Soave and Amber Duke discuss renewed Republican criticism of California's slow election results.
Trump's $100,000 H-1B Visa Fee Is an Unconstitutional Tax, a Federal Judge Rules
U.S. District Judge Leo Sorokin struck down the fee, saying it exceeds the president's statutory authority and violates the separation of powers.
Office of Legal Counsel Concludes That Disparate Impact Liability Under Title VII Is Unconstitutional
Two decades after Justice Scalia's Ricci concurrence, the "war between disparate impact and equal protection will be waged" very soon.
My New Washington Post Op ed on NYC Mayor Mamdani's Unconstitutional Housing Policy
His plan to expropriate rental housing violates the Takings Clause, and would exacerbate the City's housing crisis rather than alleviate it.
Evidence Destroyed or Lost in Death of ICE Detainee That Was Ruled a Homicide
A medical examiner ruled Geraldo Lunas Campos' death a homicide by asphyxiation. Witnesses say guards choked him to death. Now a government report says evidence is missing.
Nude Shrek Text to Ohio State Senator Reportedly Lands Blogger in Jail
Free speech experts say the “Shrext” is protected by the First Amendment.
Streamlining and Taxes
New York lawmakers exempt some housing from the state's environmental review law while piling taxes on second homes.
"Al Ghashiyah Testified That … as Head of the Family, He Has Decided that Islamic Law Is the Law that Applies to the Family"
Uh, no, says the Wisconsin Court of Appeals, refusing to set aside plaintiff’s brother’s will, in which the brother left nothing to the plaintiff.
Nonexistent Case Citations on Both Sides + "Rubberstamp[ing]" by "Local Counsel"
"In an era of rampant unverified AI usage within the legal field, this case presents a prime example of the risk associated with serving as a rubberstamp when acting as local counsel."
DHS Says It Has 'Zero Tolerance' for Protesters' 'Verbal Assaults.' Here's What the Law Says.
Protesters continue to clash with law enforcement outside the Delaney Hall immigration detention facility, but questions remain over whether DHS policies comply with First Amendment law.
The World Cup Isn't the Best Soccer Has To Offer, but the World Loves It Anyway
Plus: Should politicians talk more sports on the campaign trail, Formula 1’s Monaco mess, and who people are rooting for in the NBA and NHL finals
DOJ Claim That Trump Could 'Bulldoze' Statue of Liberty Fits a Pattern
It's the latest example of Justice Department attorneys claiming broad and unreviewable powers for the president.
Israel Tests Iran
Plus: Trump watches the Knicks, H-1B fee ruling, Mormons off the list, and more...
Reading: The Quietest Way To Disobey
Today's anxieties about digital culture are prefigured in the long and wobbly history of books.
Open Thread
What’s on your mind?
"Plaintiff Also Alleges That the Grammy Awards 'Have Become a Public Nuisance' and Are 'Committing Industrial Espionage'"
Plus, the Alien and Sedition Acts.
Do Democrats Still Have a Big-City Crime Problem?
Plus: What California's election results tell us, the economic costs of war with Iran, and the push to nationalize AI
Federal Court Invalidates Trump's $100,000 H-1B Visa Fee as Illegal Usurpation of Congress' Power to Tax
The ruling relies in part on the Supreme Court's decision in the tariff case.
Penis Measurements Cannot Justify a Sex Offender's Indefinite Detention, South Carolina's Top Court Says
The court unanimously ruled that penile plethysmography is unreliable and inadmissible as evidence of recidivism risk.
Bill Introduced in Congress To Codify the First Amendment Right To Film the Feds and Sue for Violations
Civil liberties groups say recording the police is core First Amendment activity. The Right to Record Act of 2026 would create a right to sue federal officers who violate it.
Stephen Miller and Pete Hegseth Are Wildly Misleading About Section 702 Warrantless Surveillance
Miller says it is "madness" to expect law enforcement to get a warrant before spying on Americans' electronic communications.
What Judge Wood Did Not Say About Judge Ross's Misconduct
She says nothing about Judge Ross's dishonesty, nothing about the private reprimand, and nothing about Pauline Newman.
The Pentagon's New War - Canceling American Religion and American History
A guest post by Prof. Paul Finkelman.
Gordon Wood, RIP
The great historian of the American Founding passed away yesterday, killed by a car while walking.
Stop Calling it an Immunity! There's No Immunity!
It's all a figment of Todd Blanche's imagination.
New Embryo Editing Technique Takes Us a Step Closer to Designing Babies Without Disease
Gene-editing human embryos may now be a reality.
Trump's Middle Eastern Ceasefire: Fiery But Mostly Peaceful
The White House keeps insisting that peace is around the corner. Meanwhile, Israel, Iran, and the United States keep shooting at each other.
In Lawsuit Over Construction Raids, DHS Official Testifies ICE Agents Can't Trust REAL IDs
A Homeland Security official's testimony that ICE agents couldn't rely on REAL IDs as proof of citizenship led a federal judge to reply, "Help me understand how that makes sense."
The Best Way To Keep Data Centers From Driving Up Electricity Costs
Don't impose a moratorium. Produce more energy.
Trump and Bibi Are Fighting
Plus: L.A. mayoral race updates, stabbing at Penn, Jon Ossoff thirst, and more...
The 'Living Wage' Attack on Jobs and Prosperity
Rep. Ro Khanna's minimum wage proposal promises prosperity but would likely price many low-skilled workers out of the labor market.
