Criminal Justice
Justice Barrett: "I love the Constitution and the democratic republic that it establishes, and I will devote myself to preserving it."
"A judge declares independence not only from Congress and the President, but also from the private beliefs that might otherwise move her."
The Timing of DNC v. Wisconsin State Legislature
The Supreme Court released its opinion about thirty minutes before now-Justice Barrett was confirmed.
Supreme Court Affirms Stay of District Court Injunction Against Wisconsin Election Law
This time, the justices explain themselves.
The Seventh Rule of Court Packing Is To Rule Out Term Limits for Supreme Court Justices
Biden: "It's a lifetime appointment. I'm not going to attempt to change that at all... But I have made no judgment, my word."
Study Finds Sanctuary City Policies Reduce Deportations Without Increasing Crime
The much-publicized result is ocnsistent with previous studies on the impact of sanctuary city
Utah Legislator: If You Don't Want to Be Attacked by Police Dogs, 'Stay Home'
The state legislature is considering reforms in response to the use of dogs against cooperative suspects.
A Look at America's Most Corrupt Police
A new book shows how the Baltimore Police Department let dirty cops flourish right under its nose.
Originalism and Birthright Citizenship
The original meaning of the citizenship clause answers some questions and raises some others.
Pennsylvania Sex Offender Registry Act Unconstitutional as Applied to Low-Risk Non-Sex-Offender
The court relied on the right to “possess[] and protect[] ... reputation,” secured by the Pennsylvania Constitution.
Cuyahoga County Settles Anti-Discrimination Suit Against Covenant Weddings
The settlement is subject to federal court approval.
Did Christians Invent Religious Liberty?
A podcast on religious tolerance in early Christian thought
Institute for Justice: Totally Worth Your Donations
It's one of the public interest law firms that I admire most.
U.S. Incarceration Rate Fell Last Year to Lowest Level Since 1994
Total prison population, imprisonment rates, and racial disparities in incarceration all continued their slide.
Short Circuit: A Roundup of Recent Federal Court Decisions
Vote hauling, signature verification, and extended deadlines.
Sixth Circuit Strikes Down Transportation Agency's Exclusion on "Political" Ads and Ones That "Scorn or Ridicule"
The case involved an anti-Islam ad; the court reversed its earlier decision in favor of the transportation agency, based on two more recent Supreme Court decisions.
Debate's Best Moment: Trump and Biden Bragging on Prison Reform
The U.S. incarceration rate peaked in 2008, but it's good to see two "law and order" candidates talking about clemency.
Biden's Proposed Bipartisan Commission on Court Reform Could be a Hopeful Sign for Opponents of Court-Packing
The implications of this move are far from clear. But it could well be a step to avoid court-packing, rather than promote it.
The Republican Antitrust Suit Against Google Is a Progressive Dream
The government is going after Google not to stop consumer harm but to level the business playing field.
The Sixth Rule of Court Packing is Appoint A Commission To Recommend Court Packing
Biden: "If elected, what I will do is I'll put together a national commission."
Trump Grants Clemency to 5 More Federal Prisoners
All five cases were recommended to the White House by commutation recipient Alice Marie Johnson.
On Criminal Justice, Trump and Biden Are Running Against Their Own Records
The progressive who helped usher in mass incarceration is running against the law and order conservative who let prisoners go free.
Fun Facts About Judge David C. Westenhaver of the U.S. District Court for the Northern District of Ohio (1865-1928)
The Wilson appointee presided over the sedition trial of Eugene Debs and declared unconstitutional the Village of Euclid's zoning code
Vexatious Litigant vs. Linda Sarsour
Allegedly being "a plain, ill-dressed woman" who "indulges in coquettish vanity"? Oddly enough, not legally actionable.
Classes #18: The Scope of the 14th Amendment III and Zoning I
Yick Wo, Plessy, and Village of Euclid
Clobbering Purdue Pharma Makes Drug Warriors Feel Good, but It Won't Reduce Opioid-Related Deaths
The $8.3 billion DOJ settlement is part of a crackdown that has perversely pushed drug users toward more dangerous substitutes.
Rethinking the Seattle "CHOP" Takings Case
Property owners are suing the city for helping far-left activists seize control of their property during the period when it allowed the latter to rule an "autonomous zone" covering 16 blocks in the area.
Virginia Passes Bill To Make it Harder for Problem Cops To Jump to New Departments
A local news investigation found three dozen cops who committed crimes but never were decertified.
ACB on RAP
Doug Kmiec writes that his former student, Amy Coney, "deftly answered" questions about the Rule Against Perpetuities.
Venue, People with Two Homes, and Commentator / Retired Judge Andrew Napolitano
Remember: Lawyers' true superpower is to turn every question into a question about procedure.
Freed To Speak, Grand Juror Says Charges in Breonna Taylor's Death Were Never Considered, Let Alone Rejected
Kentucky Attorney General Daniel Cameron said "the grand jury agreed" that indicting the two officers who shot Taylor was inappropriate.