Open Thread
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Month: September 2026
Judge Sutton on "The Three Faces of American Constitutional Law"
This year's Sumner Canary Memorial Lecture at the Case Western Reserve University School of Law.
Can the Feds Ban You From Making Liquor in Your Own Home?
A challenge to the federal prohibition on home distilling could give the Supreme Court a chance to rein in Congress’ Commerce Clause power.
Trump Said He Would Rid the Kennedy Center of 'Woke.' He Injected His Own Politics Instead.
This is what happens when you give the government control over artistic institutions.
Open Thread
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Supreme Court Blocks Missouri's Messy, Trump-Backed Gerrymandering Fight
The decision ends a yearlong legal war spanning multiple lawsuits, contradictory state and federal court orders, and repeated appeals to the Supreme Court.
This California Social Media Law is a Privacy and Free Speech 'Nightmare'
California Gov. Gavin Newsom signed more than a dozen online safety and tech regulation bills into law this week.
How a Street Brawl Led to a 5th Circuit Case That Casts Doubt on the Constitutionality of Many Federal Laws
Challenging his conviction for illegal gun possession, Curtis Squire argues that the Commerce Clause cannot justify bans on intrastate, noncommercial conduct.
Jimmy Kimmel Didn't Air Talarico Interview Over Fear of FCC 'Equal Time' Threats
For the second time this year, Talarico appeared on a late-night show only to be bumped in response to federal threats.
I Tried To Find Out What Republicans Think of Trump's $5,000 Checks. Then I Got Trapped.
At the GOP midterm convention in Dallas, looking for answers meant an unexpected escort, a Palestine-Mexico protest flag, and a front-row seat to the spectacle.
Short Circuit: An inexhaustive weekly compendium of rulings from the federal courts of appeal
Backup groomsmen, weak sauce, and interment camps.
A Judge Ordered ICE Agents To Stop Retaliating Against an Ohio Videographer. ICE Moved the Agents Out of Town.
After an ICE watcher in Springfield won a temporary injunction against ICE in a First Amendment lawsuit, the agency moved the officers accused of harassing him out of town.
South Korea Will Invest $100 Billion in U.S. Nuclear Sector To Boost AI and Appease Trump
Facing a 25 percent tariff threat, Seoul agreed to bankroll nuclear reactors and a Texas gas plant. The cost is already climbing past budget.
Journal of Free Speech Law: "The Government Speech Doctrine Goes to School," by Heidi Kitrosser
Part of a Knight First Amendment Institute Symposium on Managing Government Employee Speech in a Democracy, which the Journal is publishing.
DC Circuit Rejects Energy Department's Claim of "Emergency" Authority to Order Coal Plant to Remain Open
A potentially significant rebuke of one of the more controversial and unusual elements of the Trump Administration's energy policy.
In Rhode Island's Dem Primary, DSA Challenger Unseats Providence Mayor Who'd Vetoed Rent Control
Voters in Providence, Rhode Island, signaled that they want binding price controls.
How 9/11 Remade American Immigration
Twenty-five years after the attacks, control and distrust rule the institutions that process foreigners who travel or immigrate to the United States.
A Somali Man With No Serious Criminal Record Is Spending 9/11 in Detention at Guantanamo Bay
Adam Abdullah was legally working in the U.S. when he was detained as part of "Operation Metro Surge" in the Twin Cities. His biggest criminal offense is a parking ticket.
Are We Winning the Trade Wars?
Economists Stephen Moore and Scott Lincicome debate tariffs as a foreign policy tool.
Reflections on the 25th Anniversary of 9/11
Links to writings about the 9/11 attack and its aftermath, and the ongoing issues of the proliferation of dangerous emergency powers, and protecting Aghans who fled the Taliban.
AI Doom Is Misguided, Not a Psyop
The pro-AI side must avoid succumbing to paranoia and bad faith.
New in Civitas Outlook: The Supreme Law: A Quarter Century after 9/11
"But for September 11, 2001, and the events that followed, constitutional law likely would be unrecognizable today."
"The Why of Public Access to Judicial Records in Civil Cases"
An excellent article by media lawyers Steve Zansberg and Michael Beylkin.
President Trump Is Bold, Brave, and Right on the Iran War
He defied almost all his advisors, including Vice President J.D. Vance, and has done all the right things on the Iran War.
Politicians See Opportunity in Data Center Panic
The panic is pretty silly, since these facilities are necessary to power industries that power our economy and fund state budgets.
How the War on Terror Turned 9/11 Into a Permanently Open Wound
The government ensured that there would be no end to the public's fears—and no real justice for bin Laden's victims.
Review: An Alternate History of Soviet Space Exploration
Star City considers a world where KGB paranoia dictates space development.
Open Thread
What’s on your mind?
The Contempt Judgment From Missouri
The Secretary of State was subject to dueling injunctions from state and federal court. It was a lose-lose.
Marijuana Contracts Are Not Enforceable in Federal Court
Just because marijuana is legal under state law does not mean marijuana is legal -- a useful reminder.
Why Postliberalism Failed--And Is Likely to Fail Again
Contemporary postliberalism may be a fitting ideology for the age—but that hardly makes its agenda a good one, let alone an American one.
First Circuit Refuses to Stay District Court Injunction Against Trump's Executive Order on Mail-In Voting
The Court rightly ruled the executive branch has no authority to restrict mail-in voting.
Americans Have Learned Virtually No Lessons From 9/11
We still believe in the false promise of trading freedom for safety.
The GOP Midterm Convention Is the Campiest Apocalypse I've Ever Seen
Inside the first event of its kind, where the end of the world is coming, but the sequins are fabulous.
