Justice Department Invokes State Secrets Privilege Over Deportation Flights
The move is an escalation of the White House's attempt to claim an unchallengeable and unreviewable amount of power.
Due Process
Trump's War With the Courts
Plus: A listener asks why some American libertarians seem to unquestioningly accept everything Vladimir Putin says.
FIRE Says the Law Trump Is Using To Deport Mahmoud Khalil Is Unconstitutional. Trump's Sister Agreed.
As a federal judge, Maryanne Trump Barry said the provision is unconstitutionally vague. That's especially problematic when it is used to punish speech.
Trump's Reading of the Alien Enemies Act Defies the Usual Meaning of Its Terms
To justify the immediate deportation of suspected Venezuelan gang members, the president is invoking a rarely used statute that does not seem to apply in this context.
The FBI Seized This Woman's Life Savings—Without Telling Her Why
Linda Martin's lawsuit alleges that the agency violated her right to due process when it took her $40,200 and sent her a notice failing to articulate the reason.
Did ICE Deport This Guy Over a Real Madrid Tattoo?
We can't be sure, and that's why due process matters.
"A Statement from Constitutional Law Scholars on Columbia"
by "Eugene Volokh, Michael C. Dorf, David Cole, and 15 other scholars."
How Trump's Alien Enemies Act Deportations Violate the Due Process Clause of the Fifth Amendment
The people deported are incarcerated in Salvadoran prisons without any due process whatsoever.
The Feds' Legal Arguments for These Deportations Are Laughably Weak
A Trump administration official admits that there is little specific evidence tying some deportees to any crime—and argues that the lack of evidence should be taken as proof of criminality.
'We Are Not Stopping'
Plus: Texas midwife arrested for violating abortion ban, JFK files, Gaza bombings, astronauts finally rescued, and more...
Congress, the Fifth Amendment, and Personal Jurisdiction
A recently filed amicus brief in Fuld v. PLO.
First They Came For…
Plus: Democrats' filibuster hypocrisy, Trump bombs Yemen, March Madness, and more...
Punitive Damages Award in Mann v. Steyn Reduced from $1M to $5K,
largely because the compensatory damages were just $1.
Defaming Businesses Doesn't Protect Consumers
If the Consumer Product Safety Commission doesn't have enough data to enact a rule, it shouldn't be making informal recommendations either.
Pervasive Police Corruption in Albuquerque Explains Why a Teetotaler Was Arrested for DWI
A driver who was acquitted of drunk driving joins a class action lawsuit provoked by a bribery scheme that went undetected for decades.
System Errors and Due Process
How can government agencies better safeguard procedural due process rights?
Due Process and AI
How does AI challenge basic procedural due process protections and what should be done?
Costs and Benefits of Due Process
How should we weight the costs and benefits when we conduct due process balancing?
Public Opinion and Due Process
Do we agree with Blackstone that it is better that ten guilty persons escape than one innocent suffer?
Due Process Is Timely
The Supreme Court's recent civil forfeiture ruling and why due process matters today.
What Process Is Due Before Property Is Destroyed?
The Sixth Circuit finds a city failed to provide adequate process before demolishing a condemned mobile home.
The Laken Riley Act Reminds Us: If a Law Is Named After Someone, It's Probably Bad
Riley's murder was an atrocity. But the law bearing her name is a grab bag of authoritarian policies that have little to do with her death.
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."
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.
Traffic Cops Who Snooped Sexy Selfies Face Federal Charges
David McKnight and Julian Alcala were accused of separate plots to steal sexually explicit photos from women's phones during traffic stops.
Apple Makes It More Difficult for Crooks and Cops To Look at Your Phone
A new "inactivity reboot" protects data from thieves and helps preserve due process.
Weed Shops Deserve Due Process, Says Judge
Plus: Andrew Cuomo's potential prosecution, Texas death blamed on abortion ban, and more...
A Movie Mirrors the Stranger-Than-Fiction Reality of Civil Asset Forfeiture
The outrageous seizure at the center of Rebel Ridge resembles real-life cash grabs.
How Post-Arrest DNA Swabs Threaten Innocent People's Privacy
Most states collect DNA from felony arrestees pretrial. They should need a warrant to do so.
'María Knew She Was Being Targeted': The Arrest of a Venezuelan Activist Exposes Maduro's Brutal Crackdown
María Oropeza's arrest during a livestream highlights the dangers faced by opposition leaders in Venezuela and the regime's relentless efforts to silence dissent.
Michigan Judge Handcuffed and Jailed a Teen for Falling Asleep During a Field Trip
Judge Kenneth King is facing a lawsuit for punishing a 15-year-old who visited his courtroom with his "own version of Scared Straight.''
A Lawsuit by Christian Zionists Says Biden's West Bank Sanctions Violate the First Amendment
By targeting "persons undermining peace, security, and stability," the plaintiffs argue, the president is threatening to punish people for opposing a two-state solution.
Pit Stop Policing Transforms Traffic Violations Into High-Stakes Drug Hunts
South Carolina's Operation Rolling Thunder targets cash and contraband but harasses guilty and innocent travelers alike.
South Carolina Cops and Courts Rig the Game Against Drivers
An uneven playing field allows the aggressive tactics and legal loopholes that turn traffic stops into cash grabs.
Inside the Unchecked Bus Searches by South Carolina Police
Routine searches of commercial buses violate privacy, target low-income passengers, and result in widespread violations.
'Too Much Law' Gives Prosecutors Enormous Power To Ruin People's Lives
In a new book, Supreme Court Justice Neil Gorsuch describes the "human toll" of proliferating criminal penalties.
South Carolina Cops Target Out-of-State Drivers for Highway Robbery
No arrest necessary as South Carolina police hunt for cash
Operation Rolling Thunder: The Shocking Truth Behind Spartanburg's Traffic Stops
A 21-month legal battle unveils the dark side of South Carolina's annual traffic crackdown.
Prosecutor of Anti-Trump Protesters Allegedly Withheld Exculpatory Evidence and Lied About It
According to disciplinary charges against Jennifer Kerkhoff Muyskens, she suppressed video evidence that would have helped DisruptJ20 defendants.
Wall Street Journal Reporter Evan Gershkovich Released From Russian Captivity
Gershkovich was released Thursday in an elaborate prisoner swap involving two dozen prisoners from at least six countries.
Two SCOTUS Cases Show How an Unaccountable Administrative State Hurts 'Ordinary People'
Contrary to progressive criticism, curtailing bureaucratic power is not about protecting "the wealthy and powerful."
The Supreme Court Didn't Destroy the Regulatory State. It Stood Up for Due Process.
Justice Ketanji Brown Jackson says these cases will "devastate" the regulatory state. Good.
SCOTUS Repudiates Doctrine That Gave Agencies a License To Invent Their Own Authority
The Court says Chevron deference allows bureaucrats to usurp a judicial function, creating "an eternal fog of uncertainty" about what the law allows or requires.
SCOTUS Rules SEC's In-House Handling of Securities Fraud Cases Violates the Right to Trial by Jury
The decision rejects a system in which the agency imposes civil penalties after investigating people and validating its own allegations.
The Supreme Court Again Strengthens the Right to a Jury Trial in Criminal Sentencing
Paul Erlinger was sentenced to 15 years in prison based largely on a determination made by a judge—not a jury.
