If Texas' SB 8 subterfuge works, it would be a dangerous road map for attacking other constitutional rights. The slippery slope risks on the other side are minor by comparison.
Privacy advocates applaud the move.
Today's Supreme Court oral argument suggests they will get the votes of six or more justices. If so, it will be a crucial victory for judicial protection of all constitutional rights, not just abortion rights.
Denver cops received qualified immunity after performing a warrantless search of a man’s tablet and trying to delete a video he took of them beating a suspect.
The justice grilled a Texas official over the implications of his state’s abortion law.
Or for that matter to women, to unmarried women, or to women based on age, race, national origin, religion, citizenship (other-"natural-born" or otherwise), and the like?
"This is fantastic progress in understanding childhood as the right time for children to learn to recognize and mitigate risk."
Do Americans have a right to know the extent that the government surveils them?
The university's effort to suppress expert testimony in a lawsuit against the state is contrary to academic freedom and the First Amendment
The Firearms Policy Coalition amicus brief offers a simple and effective way to neuter the threat to judicial review posed by SB 8.
A clear academic freedom violation, and likely a First Amendment violation as well: "A concept of loyalty that sweeps so broadly is not one that may legitimately trump compelling interests in speaking on matters of public concern."
However the Supreme Court handles the S.B. 8 litigation, it may unleash mischief in other policy areas.
An amicus brief in Whole Women's Health v. Jackson warns of how S.B. 8's structure could be used to target other constitutional rights.
The actual number of abortions that S.B. 8 prevented by the end of September may be closer to 500 than 3,000.
The First Amendment shields Americans from censorship, but authoritarian legislation in Britain and Canada warns of what could be in store if that protection fails.
"After Murray relocated to another state, he contacted the Oceanside Police Department. He then learned the police report he received from Eva-Zacchara had been altered to support her version of events. The real police report concluded 'no assault could be substantiated.'"
But note that the school board chair opined that the book shouldn't be in the library, either.
The dog died after the man went to jail for exercising his First Amendment rights.
The Supreme Court's notion of "fair notice," which it says requires blocking many civil rights lawsuits, is based on a demonstrably false assumption.
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.
The idea that massive government spending, hate speech laws, and gun control will improve America—when they failed horribly elsewhere—is a dangerous myth.
Such motions are "not uncommon in self-defense cases where there is a dispute over who bears responsibility."
An interesting "harassment, intimidate, or bullying" investigation case from New Jersey schools. (Corrected version of a post initially put up yesterday.)
Several groups urging the Supreme Court to overturn New York’s virtual ban on bearing arms emphasize the policy’s racist roots and racially disproportionate impact.
against Esquire and Ryan Lizza.
An interesting “harassment, intimidate, or bullying” investigation case from New Jersey schools.
Two decades after 9/11, the government's appetite for spying has only grown.
An FBI document reminds us: Your cell phone provider knows where you've been—and will tell the feds.
When "protecting users' safety" actually means the opposite
30 years after the collapse of the Soviet Union, its greatest—and last—chess champion reflects on the awful system that produced him.
Carrying this archaeologists' accessory in the city's downtown without government permission is now a misdemeanor.
The smaller the teapot, the bigger the tempest.
The first will be with Jane Bambauer, Ash Bhagwat, Christopher Yoo, and me, this Tuesday at noon Pacific.
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