Justice Sotomayor on Supreme Court Term Limits
A bit of cold water on a popular Court "reform" from a justice on the left-wing of the Court
Law & Government
Sixth Circuit Rejects Associational Standing in Medicare Drug Pricing Challenge
An easy way to avoid the merits in the latest high-stake health care litigation.
Child Protective Services Investigated Her 4 Times Because She Let Her Kids Play Outside
A mom who trusted her kids to play outside ended up under repeated investigation.
They Fled Socialism and Came to the U.S. Legally. Now the Trump Administration Is Trying To Deport Them.
For years, the president has rightly railed against those oppressive regimes. So why is his administration targeting their victims?
A Terrible Environmental Law Finally Did Something Good: It Paused Construction of Alligator Alcatraz
A federal judge issued a temporary restraining order against any additional construction at the immigration detention center amid plans to increase the facility’s capacity to 4,000 detainees.
Divided D.C. Circuit Panel Nixes Judge Boasberg's Criminal Contempt Order Against Trump Administration
Judge Katsas and Judge Rao disagreed on the reasons, but both agreed that Judge Boasberg overstepped; Judge Pillard dissented.
The FBI Has No Business Tracking Down Texas Democrats
Using the FBI to track down AWOL Texas Democrats is an unnecessary expansion of federal law enforcement authority.
Apple CEO Tim Cook Has Learned the Rules for Getting Ahead in Trump's America
When the line between public and private is erased, politics is all about special favors. That's gross.
Religious Hiring: What Courts Should Do
Courts don't need to stretch the ministerial exception to cover every case.
Why Trump's Plan to Exclude Undocumented Migrants From Census Count Determining Apportionment of Congressional Seats is Unconstitutional
The Constitution requires apportionment to be based on a count of all "persons," excluding only "Indians not taxed."
Flickers of Hope for Afghans Caught in Legal Limbo
A federal court clears the way for a broader legal challenge to Trump’s refugee policies, even as Afghans in the U.S. face detention, expired protections, and rising fears of deportation.
Delaware Agency Sues Homeowners Because They Sued Allegedly Disabled Neighbors Over Nonconforming Fence
No, says a Delaware judge: "Civil rights statutes" "do not eclipse the constitutional protections of the right to petition the government."
Religious Hiring and Expressive Association
Does the First Amendment freedom of expressive association protect religious hiring?
How Protectionist Wine and Liquor Laws Violate the Constitution
The Commerce Clause protects free trade between the states.
Tiny Nations in the Crack of the Map
You could travel to a foreign country, or you could create your own.
Audit Finds $400 Million in Questionable Lease Spending After Maryland's Governor Bragged About Savings
A costly lease for the Maryland Department of Health, along with other findings in a state audit, raises questions about the millions in savings touted by Maryland Gov. Wes Moore.
The Government Seized 7 Horses From a Georgia 'Urban Cowboy.' A Court Says He Can Sue.
In a rare and significant decision, a federal court ruled Brandon Fulton can sue directly under the Takings Clause—without Congress creating a specific remedy.
Religious Hiring and Church Autonomy
Does the church-autonomy doctrine extend to hiring decisions outside the ministerial exception?
Federal Circuit Judges Question Trump's Discovery of Vast Tariff Powers
The president is claiming "unbounded authority" to impose import taxes based on a law that does not mention them.
Religious Hiring and Title VII's Religious Exemption
A textualist solution to controversies over religious hiring.
Trump's Immigration Crackdown Imperils the Fourth Amendment Rights of U.S. Citizens
A federal court says U.S. citizens “are likely to succeed in showing” that immigration agents violated their rights.
The Government Fined This Farm Over $550,000—Mostly for a Paperwork Violation
Joe and Russell Marino will finally get their day in court. The ruling represents a turning of the tide when it comes to the fairness of such proceedings, where agencies have long played both prosecutor and jury.
Court Rejects Subpoena Request from Turkey Seeking Records on Gülen Movement Member, Allegedly for Turkish Financial Crime Prosecution
"[T]he sheer breadth of the discovery sought in Türkiye's Application, considered in light of the colorable allegations of political motivation presented in support of Turkyolu's motion, weighs heavily against the Application at this time."
How 'National Security' Came Unmoored From Americans' Actual Security
The turning point was the New Deal.
Religious Hiring Beyond the Ministerial Exception
An important church–state question likely headed to the Supreme Court.
Alabama's Porn Tax Starts Soon
Websites are being told to create "Material Harmful to Minors tax accounts."
Federal Court Appears Receptive to Arguments Against Unilateral Presidential Tariff Power
President Trump’s invocation of emergency powers to impose tariffs faces skeptical judges.
Update on Potential Condemnation of New Jersey Church to Build a Park and Pickleball Courts
After a public outcry, the scheduled vote on the plan to use eminent domain has been postponed indefinitely. If the Town of Toms River does try to condemn the church, there is likely to be a major legal battle.
Trump Is Openly Using the Presidency To Enrich the Trump Brand
And generations of allegedly anti-corruption Republicans just don't care.
A Cop Lied, Fabricated a Sex-Trafficking Case, and Jailed a Teen on False Charges—and Still Can't Be Sued
The case is a baffling reminder that the more power a government official has, the harder it is for a victim to get a shot at justice.
Hiking Tariffs on Canada, Trump Demands 'Adequate Steps' To Achieve an Impossible Drug War Goal
Canada accounts for a tiny percentage of fentanyl smuggling, which cannot be stopped by trying harder.
Are We Witnessing "Appeasement"? A Reply to Steve Vladeck
A defense to Steve Vladeck's critique and a brief comment on Adrian Vermeule's related op-ed in the New York Times.
The National Debt Is Becoming Your Local Problem
Federal overspending is squeezing states and cities, forcing them to raise taxes, slash services, or pile on more debt.
Are Trump's Tariffs Responding to an Actual Emergency?
If so, then why postpone any enforcement until October?
Lawmakers Sue ICE To Protect Right To Visit Detention Centers Unannounced
Lawmakers say a new DHS rule requiring advance notice for detention center visits undermines congressional oversight.
El Salvador Just Made It Legal for Bukele To Stay in Power Indefinitely
With near-total control of Congress, Nayib Bukele’s party eliminated key limits on presidential power.
The IRS Is Now 25 Percent Smaller (and, Hopefully, Less Dangerous)
We still need real tax reform and much lower federal spending.
The Defense Challenge to Alina Habba's Appointment is Weak
A defendant has challenged Acting New Jersey U.S. Attorney Alina Habba's appointment under the Federal Vacancies Reform Act, but he has no real case under the statute's plain language.
The Senate Inches Closer To Taking Away Israel's Blank Check
Amid reports of Palestinian starvation, a majority of the Democratic Caucus—but no Republicans—voted to block U.S. weapons shipments to Israel.
My New Dispatch Article on Judicial Review of Emergency Powers
It makes the case for strong judicial review of executive invocations of sweeping emergency powers.
Veteran With PTSD Can Sue the Cops Who Arrested Him for Panhandling and Tased His Service Dog, Court Rules
Joshua Rohrer's dog, Sunshine, ran away and was later hit and killed by a car.
Law Firms Take Fewer Pro Bono Clients After Trump's Unconstitutional Orders
Even though the president has lost every time the orders have come before a judge, big law firms are still hesitant to upset the king and incur his wrath.
Justice Kavanaugh on the Peril of Writing Shadow Docket Opinions
Rushing out opinions can lock in erroneous conclusions and create problematic precedent.
