The Trump Administration Is Abusing a Law To Threaten ICE Protesters. The Cases Are Falling Apart.
The administration doesn't want to win these cases. It wants to intimidate Americans who oppose its immigration policies.
Law & Government
Brennan Center Symposium on "2025's Most Significant State Constitutional Cases"
Contributors include Eugene Volokh and myself, among many others.
Yes, the First Amendment Applies to Non-Citizens Present in the United States
A conservative federal judge questions the reach of free speech.
'Now We're the Hottest Country Anywhere in the World': Trump's Blessedly Pointless National Address
Trump announced neither stimulus checks nor war in Venezuela.
Hegseth Won't Let Us See a Video That Might Undermine Support for Trump's Bloodthirsty Anti-Drug Strategy
The defense secretary claims the video, which shows a second strike that killed two floundering survivors, would compromise "sources and methods."
Suspicion That Man Fiddling with Phone Might Be "Filming School Children" Doesn't Justify Detention by Police
"To hold otherwise would allow police officers to demand identification from anyone near a school while using a smartphone—parents taking first-day-of-school videos, a grandparent trying to pull up directions while in the school drop-off line, or dog walkers holding their phone near their chest."
When Originalism Undermines Trump
From birthright citizenship to tariffs, many of the president’s key policies run counter to the Constitution’s original meaning.
Donald Trump Tries To Override State AI Regulations via Executive Order
Only time will tell if the president's order achieves its stated purpose of checking state laws that threaten to stymie innovation.
2 Grand Juries Have Rejected the Grudge-Driven Case Against Trump Foe Letitia James
The back-to-back setbacks are a striking sign that the mortgage fraud charges against New York's attorney general are legally shaky.
Congress Gives the Military $8 Billion More Than It Asked for
The version of the NDAA passed by the House is larger than the administration’s budget request.
A Judicial Solution for Presidential Overreach and Congressional Abdication
The Supreme Court should take a page from its own history.
Court Blocks Trump's Ban on Wind Power, but Other Anti-Renewable Policies Remain
Trump isn’t the first president to pick energy winners and losers, but he should be the last.
Trump's Word Games Can't Conceal the Murderous Reality of His Anti-Drug Strategy
Calling suspected cocaine smugglers "combatants" does not justify summarily executing them.
Trump Is Still Claiming He Saves '25,000 American Lives' When He Blows Up a Suspected Drug Boat
So far, by the president's reckoning, he has prevented 650,000 U.S. drug deaths—eight times the number recorded last year.
Some Answers to Justice Barrett's Questions in Trump v. Slaughter
Why the Executive Power Vesting clause of Article II compels a holding that the President has the power to remove Federal Trade Commissioner Rebecca Kelly Slaughter.
Iffy Claim That Arbitrator "Outsourc[ed] His Adjudicative Role to Artificial Intelligence" Dismissed for Procedural Reasons
The claim is "iffy" partly because part of the plaintiff's argument is that ... ChatGPT said the award was likely AI-generated.
Sweating the Little Things
The freedom to build in-law suites and home additions is crucial, even if it doesn't get us all the way to housing "abundance."
SCOTUS Sounds Ready To Let Trump Fire FTC Commissioner Rebecca Slaughter
Plus: It's the final day of Reason's webathon.
Hegseth Mulls Releasing a Video That Illustrates the Brutality of Trump's Murderous Anti-Drug Strategy
The footage shows what happened to the survivors of the September 2 attack that inaugurated the president's deadly campaign against suspected drug boats.
Boat Strike Inquiry
Plus: Hep B vaccines, national parks nonsense, Trump involvement in Netflix deal, and more...
Virginia's New Blue Trifecta Puts Right-To-Work on the Line
Democrats retook full control in Richmond and are already advancing right-to-work repeal, testing whether incoming Gov. Abigail Spanberger will stand by her campaign promise.
The 'Threat' That Supposedly Justified Killing 2 Boat Attack Survivors Was Entirely Speculative
The commander who ordered a second missile strike worried that the helpless men he killed might be able to salvage cocaine from the smoldering wreck.
D.C. Circuit Upholds Presidential Removal of MSPB and NLRB Members
On the eve of Trump v. Slaughter, the D.C. Circuit offers a way to distinguish Humphrey's Executor.
Texas Governor Strips 2 Muslim Groups of the Right To Buy Land in the State by Calling Them Terrorists
You don't have to like the Muslim Brotherhood or the Council on American-Islamic Relations to think the government should be required to prove accusations before punishing people.
Lawyer Hijinks in Laura Loomer's and Bill Maher's Deposition
The magistrate judge is not amused.
Boat Attack Commander Says He Had To Kill 2 Survivors Because They Were Still Trying To Smuggle Cocaine
Adm. Frank M. Murphy reportedly told lawmakers a controversial second strike was necessary because drugs on the burning vessel remained a threat.
Leaving AI Regulation to the States Could Strangle AI
Without federal preemption, a regulatory thicket of state AI laws threatens to slow the technology's development.
Why Are 38 Percent of Stanford Students Saying They're Disabled?
If you get into an elite college, you probably don't have a learning disability.
SCOTUS Tackles Illegal File Sharing, Internet Music Piracy, and Copyright Law
Plus: It’s webathon time.
Demand Justice Targets Democrats Over Judicial Nominees
The progressive advocacy group thinks voting for any Trump judicial nominees is inexcusable.
Hegseth's 'Fog of War' Is No Excuse for Summarily Executing Suspected Drug Smugglers
Regardless of what the defense secretary knew or said about the September 2 boat attack, the forces he commands are routinely committing murder in the guise of self-defense.
Bill de Blasio's Diversity Push for These Schools Lowered Admissions Standards—and Didn't Increase Diversity
New data display the failures of the expanded Discovery Program.
Trump Tries To Cut Congress Out of U.S. Attorney Appointments
The 3rd Circuit’s ruling against Alina Habba highlights a disturbing pattern of legal evasion.
The Law of War Was Not Designed for Trump's Bogus 'Armed Conflict' With Drug Smugglers
Instead of asking whether a particular boat attack went too far, Congress should ask how the summary execution of criminal suspects became the new normal.
Federal Trade Commission Staff Endorses Proposal to End American Bar Association Monopoly on Law School Accreditation
FTC staff support the proposal by the Texas Supreme Court to allow for alternative means of accreditation.
No, SCOTUS Did Not 'Invent' Judicial Review in Marbury v. Madison
The Supreme Court’s power to nullify legislative and executive acts is inherent in the Constitution.
Hegseth's Alleged Order To 'Kill Everybody' Complicates Trump's Defense of His Murderous Anti-Drug Campaign
Even if you accept the president's assertion of an "armed conflict" with drug smugglers, blowing apart survivors of a boat strike would be a war crime.
The Third Circuit's Curious Opinion on the "De Facto" U.S. Attorney for the District of New Jersey
The Circuit's decision appears to invite the workaround of dividing responsibilities between two persons in the U.S. Attorney's Office, who could then each exercise half of that Office's powers.
