Texas Prosecutors Blatantly Ignored the Law When They Charged a Woman With Murder 'by a Self-Induced Abortion'
As Starr County District Attorney Gocha Allen Ramirez belatedly conceded, that charge is explicitly prohibited by the Texas Penal Code.
Due Process
Ketanji Brown Jackson Defended People Suspected of Terrorism. Good.
There's a particular richness to Republican senators weaponizing the right to defense counsel as an affront to the Constitution as opposed to something that's pivotal to it.
Here Is What Ketanji Brown Jackson Said in the Harvard Law Review Article That Josh Hawley Found 'Alarming'
The Supreme Court nominee raised serious constitutional concerns about laws that punish sex offenders after they complete their sentences.
Opponents of the Texas Abortion Ban Still Have Ways To Challenge It
Although a Texas Supreme Court ruling ended the main challenge to the law, other cases could ultimately block its enforcement.
A California Sheriff Remains Free To Rob Armored Cars Carrying Money From State-Licensed Marijuana Businesses
A federal judge declined to issue a temporary restraining order, saying the evidence of legal violations is insufficient at this point.
Kansas and California Cops Used Civil Forfeiture to Stage Armored Car Heists, Stealing Money Earned by Licensed Marijuana Businesses
The Institute for Justice argues that the seizures violated state law, federal law, and the U.S. Constitution.
Here Is Why a Texas Judge Concluded That the State's Abortion Ban Is Unconstitutional
District Court Judge David Peeples focused on the law's "unique and unprecedented" enforcement mechanism rather than abortion rights.
The ACLU's Push To 'Cancel' Student Debt Shows How Far It Has Strayed From Defending Civil Liberties
The organization's embrace of a wide-ranging progressive agenda undermines its reason for existing.
She Got Her Car Back 6 Years After Police Seized It
Malinda Harris’ ordeal shows how easily the government can take innocent people’s property under civil forfeiture laws.
When Does Government "Fairly Represent" Public Interest Groups' Views, Thus Barring Them from Intervening?
An important and interesting question, arising here as to Title IX, free speech, and due process, but relevant more generally as well (and now pending before the Supreme Court).
Biden Wants To Empower the IRS Despite Its Track Record of Trampling Rights and Undermining Privacy
The IRS' track record suggests that beefed up enforcement will also mean more trampling of Americans' due process rights.
Legally Irrelevant Considerations Cloud the Debate About Kyle Rittenhouse's Acquittal
The jury rightly concluded that the prosecution failed to prove its case.
The ACLU Thinks Kyle Rittenhouse's Civil Liberties Got Too Much Protection
The American Civil Liberties Union should not cavalierly take the side of prosecutors against the concept of self-defense.
Jury Deliberations Begin in Kyle Rittenhouse Trial After Judge Tosses Gun Charge
Plus: Yale University faces an interesting lawsuit, the ACLU takes a stance on student loan debt, and more...
After the DEA Stole $70,000 From This Filmmaker, He Got His Money Back, Plus a $15,000 Settlement
Keddins Etienne's experience shows that bullies who seize innocent people's property tend to back down when their victims put up a fight.
Georgia City Sued Over Ban on Tiny Houses, Small Cottages
Requiring that homes and apartments be a minimum size is a major driver of high housing costs. A new lawsuit from a nonprofit developer argues those rules are also unconstitutional.
Giving Kyle Rittenhouse Basic Due Process Is Not a Scandal
Such motions are "not uncommon in self-defense cases where there is a dispute over who bears responsibility."
In a New Survey, Victims of Philadelphia's Forfeiture Racket Highlight the Hazards of Giving Cops a License To Steal
"What they're doing is like robbery," observed one property owner.
Although the State of Kansas Admits This Guy Is Innocent, It Still Wants To Destroy His 1959 Corvette
Richard Martinez lost his dream car because of VIN-plate issues prosecutors admit he was "not aware of."
Texas Court Recommends a New Trial for a Man on Death Row, Saying the Trial Judge's Anti-Jewish Bias Violated Due Process
A district court judge found "overwhelming evidence" of Vickers Cunningham's bigotry.
California Business Owners Sue Gov. Newsom Over the Lockdowns
How far do "emergency powers" really extend?
Can Universities Control the Operation of Municipal Zoning Ordinances?
A pending cert petition challenges a Bloomington zoning ordinance that requires a landlord to evict a derecognized fraternity
2 Women Dated for Years. After It Ended, JMU Said Their Relationship Was 'Nonconsensual.'
"I'm not the only person that's been in a situation like this before," says Alyssa Reid, a former employee of James Madison University.
A Houston Man Framed on Drug Charges Is Suing the Lethally Corrupt Cop Who Sent Him to Prison
Otis Mallet's ordeal, like the deaths of Dennis Tuttle and Rhogena Nicholas, involved a fictional drug purchase.
A Massachusetts Commission Recommends Long-Overdue Reforms to the 'Worst Civil Forfeiture Laws in the Country'
The commission says the legislature should raise the standard of proof and remove the financial incentive that encourages cops and prosecutors to pursue profit instead of public safety.
Catherine Lhamon, Once and Future Title IX Czar, Says Campus Rules Don't Require 'Presumption of Innocence'
Her response to questions from the Senate HELP committee were disqualifying.
The Biden Administration's Model 'Red Flag' Law Belies the Justice Department's Avowed Commitment to Due Process
The Justice Department's proposal encourages states to take away people's Second Amendment rights based on little more than bare allegations.
Malibu Man Fined $4.2 Million Over Disputed Beachfront Gate
Warren Lent is suing the California Coastal Commission, arguing that its power to unilaterally hand down massive fines with minimal process is unconstitutional.
The $2 Drug Test Keeping Inmates in Solitary
Reason tried out the field test kits used to test for drugs in prison. They were unreliable and confusing.
Why Didn't California's 'Red Flag' Law Stop the San Jose Shooter?
Even when states authorize gun confiscation orders, identifying would-be mass shooters is a daunting challenge.
Get a Warrant, Supreme Court Tells Cops Who Seized Guns From Home Without Due Process
Plus: On SATs and bias, what changed when Texas lifted its mask mandate, and more...
Bust a Deal, Face the Wheel, Here for Colleges and Settlements for Lawsuits Over Expulsions
A student was expelled by St. John Fisher College for alleged sexual misconduct, but was then acquitted at a criminal trial and sued the college; the college agreed to confidentiality to settle the case, but then allegedly breached the agreement.
Arizona's Newly Enacted Forfeiture Reforms Will Make It Harder for Cops To Steal Property
The new law requires a criminal conviction prior to civil forfeiture and beefs up due process protections for property owners.
The Chauvin Verdict Is a Reminder That We Still Need To Abolish Qualified Immunity
Most victims of police misconduct never get to take their cases to court.
The Indianapolis Shooting Highlights the Shortcomings of 'Red Flag' Laws
Although police seized the perpetrator's shotgun when he was deemed suicidal, he was never identified as a potential murderer.
N.Y. Appellate Court Upholds Semester Suspension for Attending Unmasked/Undistanced Off-Campus Parties During Epidemic
“While the penalty of suspension is very harsh, it is not shockingly disproportionate to the offense. It does not shock the conscience for a university, acting during a pandemic, to enforce rules designed to prevent the spread of the virus with the penalty of suspension.”
Biden Threatens to Revive Kangaroo Courts in College Sexual Assault Cases
The president has ordered the Education Department to consider rescinding reforms aimed at protecting the due process rights of accused students.
After the Cops Seized Her Car, the Government Waited Five Years Before Giving Her a Chance To Get It Back
In Massachusetts, Malinda Harris argues, civil asset forfeiture routinely violates the right to due process.
The Washington Supreme Court Just Decriminalized Simple Drug Possession. Legislators Shouldn't 'Fix' the Overturned Law.
The court said criminalizing unknowing possession violates the right to due process.
Federal Suit Seeks Damages for Men Illegally Recorded at Florida Massage Parlors, Falsely Smeared as Sex Traffickers
Two women still face felony charges, though the cases against all male defendants were dropped.
Civil Forfeiture Does Not Seem To Reduce Drug Use or Help Fight Crime
A new study provides further evidence that property seizures are driven by financial motives rather than public safety concerns.
Civil Commitment of Sex Offenders Pretends Prisoners Are Patients
The practice evades constitutional constraints by casting punishment and preventive detention as treatment.
Cops Must Destroy Illegal Surveillance Videos From Spa Visited by Robert Kraft
Authorities "shall destroy the videos unlawfully obtained through the surveillance of the Orchids of Asia Day Spa," a federal judge says.
Right to Get Guns Back Once Temporary Anti-Stalking Injunction Is Dismissed
"We certainly would not fault a trial judge's desire to ensure public safety. But judicial concern, understandable as it may be, does not confer judicial power."
This Forfeiture Victim Waited 2 Years Without a Hearing. Is That Due Process?
The Institute for Justice wants the Supreme Court to rule that the Fifth Amendment requires a prompt post-seizure hearing.
Joe Biden Has Vowed To Undo Betsy DeVos's Title IX Reforms. Can He?
The new president could weaken due process protections for accused students, but it won't be easy.
'This Building Has Caused More Problems Than It Solved'
Secretary of Education Betsy DeVos on schooling during COVID-19, the future of higher ed, and why her cabinet department probably shouldn't exist at all
