Federal Court Upholds New Jersey's Bail-Eliminating Pretrial Reforms
No constitutional right to pay cash for freedom if there are alternatives
Criminal Justice
This Congresswoman Thinks First-Time Illegal Border Crossing Should Be a Felony
Rep. Diane Black has proposed legislation reclassifying the offense.
A Young Man Recorded a Cop Pointing His Gun Toward Children, So the Cop Arrested Him
An El Paso police officer pointed his gun at some children, then arrested the young man who caught it on camera.
Miami Police Return $20K in Glittery Cash Illegally Seized from Stripper
"I felt that the glitter on the seized cash was compelling evidence, but apparently the police department disagreed."
SCOTUS Contender Brett Kavanaugh on Gun Rights, Search and Seizure, and Mens Rea
The D.C. Circuit judge is a strong defender of the Second Amendment but seems less inclined to accept Fourth Amendment claims.
Man Faces 30 Years in Prison on Child Porn Charges for Taking Sexy Photos of 17-Year-Old Girlfriend When He was 20
Since Ohio's age of consent is 16, it was legal for Edward Marrero to have sex but not to sext.
Man Sues Police Department After Video of His Tasing Goes Viral
Sean Williams is suing the Lancaster Police Department after he says a tasing violated the Fourth, Eighth, and Fourteenth Amendments.
He Was Assaulted by Three Teens at Work, But He's Going to Prison for Defending Himself
Gaps in Connecticut's self-defense law lead to 18-month sentence.
Intoxicated Off-Duty Cop Crashed Car and Assaulted Witness, Police Say
Police say a drunk, off-duty NYPD officer crashed his vehicle and punched a witness before attempting to flee the scene.
Libertarian Party Adopts New Sex Work Plank, Becomes Only Notable U.S. Party to Endorse Prostitution Decriminalization
The LP's move comes the same week the Green Party explicitly rejected a platform that protects sex worker rights.
Pennsylvania Officer Tases Suspect in the Back Because He Didn't Cross His Ankles Quickly Enough
"Oh come on, bruh. You're really going to tase him? He was sitting down. That's crazy. That's why I record everything."
San Diego Police Chief's Bogus Number Ties Cannabis to Crime
Cop calls that supposedly show the trouble caused by dispensaries mostly had nothing to do with dispensaries.
Say Goodbye to the Kennedy Court
Justice Kennedy's retirement will have a significant impact on the Roberts Court beyond its ideological makeup.
Reality Winner Accepts Harsh 5-Year Sentence for Leaking Russian Hacking Report
Would she have gotten a better deal if she hadn't been denied bail?
Assessing Justice Kennedy's Legacy
A Politico symposium offers assessments by a wide range of legal scholars and commentators. And I offer some additional thoughts of my own.
Tennessee Deputy Charged After Videos Show Him Tasing Teen Tied to Chair
In one surveillance video, the victim is tased four times for a total of 50 seconds.
For Once, Police Officer Promptly Charged in Shooting Death of Unarmed Black Teen
Since 2005, just 32 officers involved in fatal shootings have been convicted on criminal charges.
The Big National Injunction Case
A decision with major implications for the national injunction--not Trump v. Hawaii but Gill v. Whitford
A war reporter for the cyber age
Interview of David Sanger in episode 223 of the Cyberlaw Podcast
Justice Thomas Criticizes Nationwide Injunctions, Citing Our Own Sam Bray
An interesting separate concurrence in the "travel ban" decision.
20 Opinion Line-Ups and Counting
The Supreme Court justices divide among themselves in many different ways.
Short Circuit: A roundup of recent federal court decisions
Mo money mo problems, open-air burn pits, and the case of the missing tattoos.
First Thoughts on Carpenter v. United States
A big case. Here's an ongoing Q&A, which I will add to through the day.
What Do Justices Gorsuch and Justice Breyer Have in Common?
Still more interesting line-ups from SCOTUS
More Interesting Supreme Court Line-Ups Today
The Court broke in untraditional ways in making decisions about taxing internet sales and the Appointments Clause
Supreme Court Will Hear Case on the Excessive Fines Clause that Could End Up Curbing Asset Forfeiture Abuse
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.
State Secretary of State Stuck with CLE Sanction
Today was a terrible, no-good, very bad day for Kris Kobach.
What it feels like to be that guy in line with Woody Allen
Episode 222 of the Cyberlaw Podcast
Supreme Court Agrees to Hear Significant New Case About Civil Asset Forfeiture and the Bill of Rights
The justices will hear oral arguments next term in Timbs v. Indiana.
Supreme Court Will Decide: Does the Excessive Fines Clause Apply to the States?
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.
Today's Unusual SCOTUS Lineup(s)
Masterpiece Cakeshop is not the only decision to surprise this term.
Just in Time for National Bourbon Day (June 14), a Bourbon Trademark Case
Crafted with love in the cellars of the Sixth Circuit.
Hawaii Mismanaged Asset Forfeiture Program, Audit Finds
A state audit finds the Aloha State isn't keeping track of the stuff it seizes.
Short Circuit: A roundup of recent federal court decisions
Dangerous tennis shoes, a magnificent distillery, and bad advice from the IRS.
Manafort Sent to Jail over Accusations of Witness-Tampering
Bail revoked for breaking one of the fundamental rules: Don't meddle with the court case.
Trump Says Comey 'Totally Protected Hillary' but Was Fired for Actions That Hurt Her
The president reverts to his original, highly implausible excuse for dismissing the FBI director.
How Do the States Have Standing to Challenge an Unenforced and Unenforceable Mandate?
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?
The Case Against Qualified Immunity, Part V
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.
Is Criminal Justice Reform Leaving Small and Rural Communities Behind?
A new report shows that the recent trend of reducing prison populations is heavily an urban phenomenon.
