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The Court broke in untraditional ways in making decisions about taxing internet sales and the Appointments Clause
The case will decide whether the Excessive Fines Clause of the Eighth Amendment applies to the states. If so, it will also have to address how much it restricts asset forfeiture.
Today was a terrible, no-good, very bad day for Kris Kobach.
Episode 222 of the Cyberlaw Podcast
The justices will hear oral arguments next term in Timbs v. Indiana.
We'd be outraged by the unnecessary pursuit if Americans had been killed.
The Court has decided that almost all of the Bill of Rights applies to the states (with just a few exceptions that don't); now it will decide about the Excessive Fines Clause.
Masterpiece Cakeshop is not the only decision to surprise this term.
Crafted with love in the cellars of the Sixth Circuit.
A state audit finds the Aloha State isn't keeping track of the stuff it seizes.
Dangerous tennis shoes, a magnificent distillery, and bad advice from the IRS.
Bail revoked for breaking one of the fundamental rules: Don't meddle with the court case.
The president reverts to his original, highly implausible excuse for dismissing the FBI director.
There is no longer any legal or financial consequence for failing to comply with the individual mandate, so how are states (or anyone else) harmed by it?
Today, I suggest ways the Supreme Court might adjust qualified immunity doctrine to comport with evidence of its role in constitutional litigation, and ways lower courts might resolve qualified immunity motions to mitigate some of the worst aspects of the doctrine.
Law enforcement is upset, but data security is vital to prevent crimes.
A new report shows that the recent trend of reducing prison populations is heavily an urban phenomenon.
Good intentions may backfire on campus.
Although some have argued that qualified immunity encourages constitutional innovation, this defense of qualified immunity should not save the doctrine from the chopping block.
There's room for reasonable disagreement on many aspects of the latest ACA litigation, but the severability question should be clear.
A plan to divide California into three states will be on the state's referendum ballot in November. If it passes and is approved by Congress, it could potentially be a significant change for the better.
A Chicago suburb's law to confiscate firearms and magazines has been blocked by a temporary restraining order.
The Supreme Court should do away with or restrict qualified immunity because, in Justice Sotomayor's words, it "renders the protections" of the Constitution "hollow."
A mom says her daughter was almost abducted at a rest stop. That's a stretch.
Commutations for people serving absurdly long sentences would be a great new way to torture the attorney general.
Although the Supreme Court says qualified immunity is necessary to protect government officials from financial liability and the costs and burdens of litigation, all available evidence suggests the doctrine fails to achieve these intended policy goals.
The latest state challenge to the ACA is clever. The Justice Department's response is not.
Noted attorney George Conway dismantles the constitutional arguments against Special Counsel Robert Mueller's investigation
If the Supreme Court takes Justice Thomas's suggestion to reconsider qualified immunity and takes seriously available evidence about qualified immunity's historical precedents and current operation, the Court could not justify continued existence of the doctrine in its current form.
I discuss last week's Supreme Court opinions and much more with Professors Dan Epps and Ian Samuel.
Defamation insurance, child labor, and a virulently racist attorney.
Did his murderer walk because Virginia law did not permit African Americans to testify against whites?
He has been a Democrat, a Republican, a lobbyist, and a cancer survivor. Now he wants to end the war on weed.
The president has discovered the power of the pardon. Could that make this a moment for criminal justice reform?
A 75-year-old woman who threatened to call a code enforcement officer's supervisor ended up in jail.
And woe to anyone who attempts to inform tribal members that there may be alternatives to their traditional practices.