Applying the Citizenship Clause's Original Meaning to Modern Controversies
The original meaning gives birthright citizenship to the U.S.-born children of undocumented migrants, even though its drafters didn't realize it would.
Criminal Justice
Protests and Looting Continue After Philadelphia Cops Fatally Shoot a Knife-Wielding Man Experiencing a 'Mental Crisis'
Walter Wallace's family says the officers could have defused the situation without using lethal force.
Invoking Scalia, Sotomayor Presses for Broad Fourth Amendment Protections
The Supreme Court weighs police shootings and unreasonable seizures in Torres v. Madrid.
Just Contributed to Preserve California Ban on Race, Sex, and National Origin Preferences
in government education, employment, and contracting.
Motion to Recuse Justice Barrett Filed, But County Wants It Withdrawn
The motion was submitted on behalf of the Luzerne County Board of Elections but Luzerne County has voted to have the motion withdrawn.
Intellectually Disabled 33-Year-Old Man Lands on the Sex Offender Registry After Trivial Incident
"Residence restrictions do not decrease and are not a deterrent for sexual recidivism."
The Original Meaning of "Subject to the Jurisdiction" of the United States
It meant under the authority of U.S. law, thus excluding foreign diplomats, foreign armies and (at the time) Native American tribes.
These DUI Laws Are an Irrational Hangover From Pot Prohibition
States should stop treating sober cannabis consumers as public menaces.
Judge Torruella, the Lone First Circuit Judge in Puerto Rico, Passed Away
There is no statutory requirement that his successor must reside in Puerto Rico.
Briefs filed in Lebovits v. Cuomo and Agudath Israel of America v. Cuomo
Briefs filed by the Jewish Coalition for Religious Liberty and the Becket Fund for Religious Liberty.
Surprise: DOJ Is Not a Big Fan of Privacy-Preserving Cryptocurrencies
Privacy is a right, not a “high risk” and “possibly criminal” activity
The Original Meaning of "Born … in the United States"
It encompassed all territory under U.S. permanent sovereignty.
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.
