The Chevron Doctrine Discomfits the Weak
Excessive judicial deference gives administrative agencies a license to rewrite the law in their favor.
Due Process
How a Teen Locker Room Butt Slap Triggered a 2-Year Investigation
The story shows what can happen when those accused of misconduct are subjected to opaque investigations with little due process.
Who Decides Whether Trump Can Run, and What Sort of Evidence Suffices?
Letting state officials determine whether a candidate has "engaged in insurrection" opens a huge can of worms.
5th Circuit Reluctantly Rules Against Victim of a Prosecutor Who Was Also a Law Clerk
Ralph Petty's "conflicted dual-hat arrangement" as an advocate and an adjudicator was "utterly bonkers," Judge Don Willett notes.
The Next Kids Climate Case: Genesis B. v. EPA
Another climate change lawsuit filed on behalf of children, this time against the Environmental Protection Agency.
North Carolina Strip Club Now Safe From County's Eminent Domain Efforts
After public backlash, Hanover County Commission has decided to pursue a voluntary purchase of the Cheetah Premier Gentlemen's Club next door.
The Seventh Amendment, Private Rights, and Administrative Penalties
a few comments on the oral arguments in SEC v. Jarkesy
Seattle Banned Landlords From Rejecting Tenants Based on Criminal Records. Will the Supreme Court Step in?
The political push behind the law was well-meaning. But it will backfire on many prospective renters.
Do You Still Have the Right to a Jury Trial?
The Supreme Court will consider whether federal agencies’ administrative judges violate the Seventh Amendment.
Goodbye to Detroit's Asset Forfeiture Racket
Wayne County was seizing cars and using its less-fortunate residents as piggy banks.
The Supreme Court Should Not Let Bureaucrats Invent Crimes by Rewriting the Law
The Trump administration’s unilateral ban on bump stocks turned owners of those rifle accessories into felons.
Only 'Dangerous Individuals' Lose Their Gun Rights Because of Protective Orders, the Government Says
Solicitor General Elizabeth Prelogar falsely claims a federal gun ban "requires individualized findings of dangerousness."
Due Process Demands Stricter Standards for Restraining Orders That Negate Gun Rights
In an upcoming Supreme Court case, the Cato Institute argues that the "threadbare procedures" required by federal law provide inadequate protection for constitutional rights.
Several Justices Express Dismay at Long Delays in Returning Seized Cars to Innocent Owners
Without a prompt post-seizure hearing, people can lose their property for months or years even when they ultimately get it back.
Louisiana Mother of Autistic Child Hit by Teacher Files Supreme Court Petition
School officials in three states are effectively immune from lawsuits over excessive corporal punishment. A Louisiana mother is asking the Supreme Court to step in.
Lawsuit: Mississippi Town Declared Houses 'Blighted' Without Notice
Mississippi only gives property owners 10 days to challenge a blight finding that could lead to their house being seized through eminent domain.
Sixth Circuit Reverses Preliminary Injunctions Against TN & KY Laws Restricting Gender Dysphoria Treatments for Minors (Updated)
After a divided ruling, laws limiting such treatments in Tennessee and Kentucky will go into force.
Washington State Prison System Sued for Using Unreliable Drug Tests To Put Inmates in Solitary
Reason reported in 2021 how prisons use cheap field kits to test mail for contraband—and use the faulty, unconfirmed results to severely punish inmates.
Former Prisoner Can Sue Officials Who Illegally Detained Him for 2 Months, 5th Circuit Says
The case is just one example of miscalculations that routinely keep Louisiana prisoners behind bars after they complete their sentences.
Federal Appeals Court Rules Detroit's Asset Forfeiture Violates Due Process Rights of Drivers
A federal circuit judge writes that Detroit's vehicle seizure scheme "is simply a money-making venture—one most often used to extort money from those who can least afford it."
Limits on Using Prior Acquittal of Sexual Assault as Evidence of Guilt in a New Sexual Assault Case
"[T]he Government argue[d] that when considering that the charged offenses occurred after the acquittal, the [appellant's] tactics were emboldened and this factor weighs in favor of admissibility."
Dallas Law Against 'Manifesting' Prostitution Declared Unconstitutional
Plus: The right to call neighbor a "red-headed bitch," the case against a Digital Consumer Protection Commission, and more...
He Spent 10 Years Behind Bars Without Being Convicted. He'll Have To Wait Longer To Have the Case Resolved.
Maurice Jimmerson finally got a trial after a decade of pretrial detention. It ended in a hung jury.
David Sosa Says Mistakenly Arresting Him Twice Based on His Name Violated His Rights. Other David Sosas Agree.
The 11th Circuit rejected Sosa's constitutional claims, and he is asking the Supreme Court to intervene.
Police Seized Innocent People's Property and Kept It for Years. What Will the Supreme Court Do?
Civil forfeiture is a highly unaccountable practice. The justices have the opportunity to make it a bit less so.
Sixth Circuit Stays Preliminary Injunction Against Tennessee Law Limiting Gender-Affirming Treatments for Minors
A divided panel concludes the plaintiffs are unlikely to prevail on the merits and pledges to expedite the appeal.
A Troubling Supreme Court Habeas Decision
The Supreme Court was wrong to deny relief to a man imprisoned for activity that Court's own rulings indicate was not illegal - one who never had an opportunity to challenge his incarceration on that basis.
Colorado Ban on Any Law "Retrospective in Its Operation" Means Old Sex Assault Claims Can't Be Revived
The Colorado Supreme Court holds that the state constitution precludes revival of claims on which the statute of limitations has expired.
Congress Considers Conditions on the Government's License To Steal
The FAIR Act includes several substantial reforms that would make it harder to take property from innocent owners through civil forfeiture.
He Spent a Decade in Jail Without Being Convicted. Now His Lawyer Says His Case Should Be Dismissed.
Maurice Jimmerson has spent 10 years in jail awaiting trial for a 2013 murder charge.
Florida's Restrictions on Property Purchases by Chinese Citizens Hark Back to a Dark History of Xenophobia
In a federal lawsuit on behalf of legal U.S. residents from China, the ACLU argues that "Florida's New Alien Land Law" is unconstitutional.
The Buffalo Bills Cut Matt Araiza Over a Rape Accusation, but Key Evidence Vindicates Him
Prosecutors dropped the case after interviewing 35 witnesses who contradicted the accuser.
This California Bill Would Mandate Punishment of Marijuana Debtors Without a Hearing
To address an "unpaid debt bubble," the proposed law would dictate contract terms and require regulators to intervene in commercial disputes.
This Georgia Man Has Been Jailed for 10 Years Without a Trial
In 2013, Maurice Jimmerson was charged with murder. Ten years later, he's still languishing in a Dougherty County jail, awaiting trial.
Advocates Pressured an Ohio Town To Reverse Ban on 'Aiding and Abetting' Abortions
It's one small victory for free speech and due process, but similar battles continue to play out elsewhere.
Supreme Court Decides to Hear Important Asset Forfeiture Procedural Property Rights Case
The Court will determine whether the Due Process Clause prevents the government from using asset forfeiture to seize property and hold it for many months without a timely hearing.
Reporter Detained in Russia Faces Arduous Path to Freedom
Evan Gershkovich was arrested in Russia last month on espionage charges. If convicted, he faces up to 20 years in a penal colony.
Do the 5th and 14th Amendments Impose Equivalent Due Process Limits on Court Jurisdiction?
U.S. Court of Appeals Judge Neomi Rao suggests the full court needs to consider this question en banc.
An Oregon Man Was Wrongly Imprisoned for Almost a Year Because of an Error in a DMV Database
The Oregon DMV knew about the problem, but it "wasn't at a high enough level to understand the urgency" of the need to fix it.
SCOTUS Questions the Government's Absurdly Broad Definition of 'Aggravated Identity Theft'
According to the Justice Department's reading of the law, the crime need not involve impersonation or even fraud.
Waco Offers New Insights From ATF Agents
Historian Jeff Guinn's account focuses on the ATF's oft-overlooked fiasco in the 1993 affair rather than the FBI's widely reported involvement.
Private College Coaches' Flexibility to Eject Team Members Based on Condemnation by Teammates
"Coaches must generally consider a variety of factors—both objective and subjective—in managing a team, and these factors include concerns about distractions, team cohesion, and morale."
FTC Commissioner Resigns To Protest Agency's 'Disregard for the Rule of Law'
Chair Lina Khan has flouted the rule of law and due process, Commissioner Christine Wilson wrote.
A Texas-Backed Lawsuit Argues That the ATF's Pistol Brace Rule Is Arbitrary and Unconstitutional
Although the law did not change, regulators suddenly decided to criminalize unregistered possession of braced pistols.
How Does California Define COVID-19 'Misinformation'? Judges Disagree, but Doctors Are Expected To Know.
One federal judge thought the state's new restrictions on medical advice were clear, while another saw a hopeless muddle.
