McGinnis: The Empire Strikes Back Against Originalism
"All these criticisms [of originalism] are actually disputes about original meaning, not rejections of it."
Criminal Justice
Divided Fifth-Circuit Panel Submits Untimely Amicus Brief in Seila Law v. CFPB
Courts of Appeals should resist the urge to opine on cases pending before the Supreme Court
DEA Will Return $82K Life Savings It Seized From an Elderly Pittsburgh Man and His Daughter
Neither Terry Rolin or his daughter were ever charged with a crime, but that didn't stop the DEA from trying to seize more than $82,000 from them through civil asset forfeiture.
Bloomberg Drops Out, Demonstrating the Limits of Money and the Perils of Arrogance
The former New York City mayor has never been good at concealing his conviction that he is smarter and better than the rest of us.
Police Abuse Breeds Disrespect
Defensive official reactions to corruption encourage the attitude that troubles the attorney general.
Cops Arrested and Handcuffed a 10-Year-Old Boy for Pointing a Toy Gun at a Car
"I was, at the time, very scared."
Husband of Embattled Los Angeles D.A. Pulls Gun on Protesters at Their Door
District Attorney Jackie Lacey faces re-election today against a tough field calling for more criminal justice reforms.
Bernie Makes Good on His Promise to Increase Turnout
I cast my first vote in a Democratic primary today
The Supreme Court did not grant certiorari on the House of Representative's Obamacare Cert Petition
After Bethune-Hill, there were not four votes to review the House's petition
Will Tennessee Finally Reform Its Draconian Drug-Free School Zone Laws?
The zones cover vast swaths of Tennessee's cities—and turn minor drug crimes into sentences usually reserved for rape and murder.
The Fight Over Colorado's Death Penalty Was Shaped by the Families of Murder Victims
Concern for the families appeared on both sides of the debate.
Chicago Police Shooting Captured on Video Leads to Outrage, Dropped Charges
Man tackled, shot twice for crime of illegally shifting between train cars.
Will the Supreme Court hear the Obamacare cases before or after the 2020 Election?
Audio from an Oral Argument scheduled in October will likely be used in political advertisements
5 more travel tips for flying
Make your time in the air as familiar and predictable as possible
Is Europe censoring what Americans say online?
I put my Facebook account at risk (again) to find out
After He Found California's Indefinite Detention of Sex Offenders Wasn't Working, the State Shut Him Down and Destroyed His Research
Psychologist Jesus Padilla was forbidden to complete research that could have set many indefinitely committed people free. He died with the work unfinished.
Short Circuit: A Roundup of Recent Federal Court Decisions
Rails-to-trails, unfair competition, and nonactionable puffery.
Police Use Coronavirus To Try To Trick Meth Users Into Getting Themselves Arrested
Irresponsible, ineffective, and dishonest
Rand Paul Says Trump Is Backing Surveillance Reform
Plus: Who's using Clearview AI?, court rules against Joe Arpaio, and more...
New in the Atlantic: Corpus Linguistics and D.C. v. Heller
James Phillips and I preview our new research in the Atlantic
Elizabeth Warren Adopts Cory Booker's Plan for a Better Presidential Clemency System
Shifting the process from the Justice Department to the White House can help eliminate bureaucracy and meddling from prosecutors.
Sineneng-Smith and Outlawing Solicitation of Legal Conduct
How far does the "speech integral to criminal conduct" exception go?
Virginia Bill Targets Massage Parlor Workers
Lawmakers want to get tougher on touching "with the intent to sexually arouse."
Why Libertarian-Leaning Reps. Massie and Amash Voted Against the House's Anti-Lynching Bill
Lynchings are already illegal. But the law would give prosecutors more power—including what amounts to an expansion of the federal death penalty.
Bivens Liability and Its Alternatives
If the Court is going to abolish the 20th century remedies, can we at least have the 19th century remedies back?
Encryption Foes in Washington Won't Give Up
Government officials keep trying to make us expose our data to them—and the criminals who ride on their coattails.
Bloomberg Rewrites His History of Doggedly Defending Stop and Frisk
The presidential candidate's explanation of his sudden reversal on the issue is utterly implausible.
Stone Cold Justice
The problems with federal sentencing guidelines are real and troubling, even in cases that do not involve the president’s pals.
Video: Orlando Cops Arrest Crying 6-Year-Old Girl
One of the officers was fired after arresting two 6-year-olds in one day.
