An Appeals Court Says the $464 Million Fine in Trump's Civil Fraud Case Violated the Eighth Amendment
The decision overturns a staggering "disgorgement" order that was based on dubious math.
Constitutional Interpretation
9 Years Ago, Marco Rubio Explained Why Trump's Birthright Citizenship Order Is Unconstitutional
The 2016 brief defended the understanding of the 14th Amendment that the president wants to overturn.
Why the Supreme Court is Highly Unlikely to Overturn Obergefell in the Kim Davis Case
My Cato Institute colleague Walter Olson explains.
Are Trump's Deportations Constitutional?
Glenn Greenwald debates Anna Gorisch on Trump's deportation policies.
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
Trump's Birthright Citizenship Order Is Unconstitutional, Says the First Appeals Court to Consider the Issue
The judgment is not surprising, since the president's reading of the 14th Amendment contradicts its text and history, plus 127 years of Supreme Court precedent.
"Yes, The Founders Were Originalists"
A critical review of a new book on history and originalism.
Appeals Court Briefs Say Trump's Tariffs Are Based on a Statute That Does Not Authorize Tariffs at All
The Cato Institute and the New Civil Liberties Alliance urge the Federal Circuit to extend the logic of a decision against the president's far-reaching import taxes.
A Broad Ruling Against Trump's Immigration Policies Illustrates Alternatives to Universal Injunctions
Class actions and Administrative Procedure Act claims can achieve much the same result as the nationwide orders that the Supreme Court rejected.
Trump's 'Giant Win' Does Not Validate His Unconstitutional Birthright Citizenship Order
Tellingly, the president avoided defending his dubious interpretation of the 14th Amendment at the Supreme Court.
Democratic FTC Commissioner Quits—But That Doesn't Mean He's Dropping His Lawsuit
Trump fired Federal Trade Commissioner Alvaro Bedoya in March. Yesterday he gave up his claim to the job, but he's still challenging the White House's right to dismiss him.
Video of National Constitution Center Panel on "The War Over the Constitution's Meaning"
The participants were Amanda Shanor (Univ. of Pennsylvania), Alan Trammell (Washington and Lee), Wilfred Codrington, III (Cardozo), and myself.
Since Immigration Is an 'Invasion,' a Top Trump Adviser Says, the President Might Suspend Habeas Corpus
Stephen Miller's understanding of the Constitution is dubious for several reasons.
Federal Judge Rules Trump's Alien Enemies Act Proclamation Is Unlawful
The Trump-appointed judge found that the administration's use of the Alien Enemies Act "exceeds the scope of the statute and is contrary to the plain, ordinary meaning of the statute's terms."
Are Trump's Tariffs Constitutional?
The International Emergency Economic Powers Act does not authorize the president's imposition of tariffs, a lawsuit alleges.
Is and Ought in Constitutional Law
A response to Joel Alicea on whether originalism needs a moral defense.
Trump Fires Democratic FTC Commissioners
The removals challenge Humphrey’s Executor, a Supreme Court precedent that protects independent agency officials from political firings.
A Federal Judge in Utah Orders Local Officials To Return a Religious Group's Psychedelic Sacrament
The ruling by U.S. District Judge Jill Parrish emphasizes that religious freedom must protect "unpopular or unfamiliar religious groups" as well as "popular or familiar ones."
In Trump's Revenge Fantasy, Biden Did Not Actually Pardon Members of the January 6 Committee
The president says those legislators are "subject to investigation at the highest level," notwithstanding their pardons and the Speech or Debate Clause.
Republicans May Regret Undermining Judicial Independence
Threats to impeach federal judges who rule against the government are a naked attack on their constitutionally crucial function.
Is it Constitutional To Deport Immigrants for Political Speech?
President Donald Trump has begun kicking immigrant “Hamas sympathizers” out of the U.S.
Tennessee Supreme Court Rules State Can Revoke Personalized '69' License Plate Because It's Government Speech
Most courts have ruled that vanity license plates are private speech and protected from viewpoint discrimination under the First Amendment.
Is the Jones Act Unconstitutional?
The law is wasteful and protectionist. Now, a new lawsuit argues that it is unconstitutional too.
Randy Barnett: How Legal Is Trump's Agenda?
Georgetown constitutional law professor Randy Barnett discusses the legality of DOGE, Trump's executive orders, and birthright citizenship.
Trump Has Good Reason To Complain About Limits on His Ability To Fire Executive Officers
His position is grounded in concerns about the separation of powers that presidents of both major parties have raised for many years.
Two Injunctions Against Trump's Citizenship Decree Expose the Weakness of His Arguments
Federal judges in Washington and Maryland say the president's attack on birthright citizenship flouts the 14th Amendment and 127 years of judicial precedent.
The Twelfth Amendment and the ERA
New historical evidence on the ERA's invalidity.
Biden Attempts To Ratify the Equal Rights Amendment by Blog Post
Biden announced today that the Equal Rights Amendment is the "law of the land," but the Justice Department and the national archivist disagree.
President Biden, the ERA, and Constitutional Vandalism
A deeply mistaken decision on the way out of office.
Supreme Court Punts on Racial Discrimination Case
The Supreme Court's refusal to hear Boston Parent Coalition for Academic Excellence v. The School Committee for the City of Boston is bad news for equality under the law.
Trump Cannot Restrict Birthright Citizenship by Presidential Edict
The executive order that the president-elect plans to issue contradicts the historical understanding of the 14th Amendment.
In Praise of Ignoring Facts: A Review of Jack Balkin's "Memory and Authority"
Why constitutional theory needs more theory.
Washington Sued for 'Racially Conscious' Homeownership Program
Washington's Covenant Homeownership Program excludes certain applicants on the basis of race.
American Journal of Law and Equality Symposium on the 70th Anniversary of Brown v. Board of Education
The symposium includes contributions by many prominent legal scholars. I am among the contributors.
Illinois Scholarship Program Explicitly Excludes White Applicants
The Minority Teachers for Illinois Scholarship Program is blatantly unconstitutional.
Justice Pat DeWine on Interpreting the Ohio Constitution
A forthcoming paper from a Justice on the Ohio Supreme Court on constitutional interpretation in Ohio.
Second Circuit Rules Intent To Racially Balance NY High Schools Is Unconstitutional
Judge Joseph Bianco’s decision emphasizes that constitutional rights and protections belong to individuals, not groups.
Federal Appeals Court Upholds Mississippi's Jim Crow–Era Felon Voting Ban
"In short, 'cruel and unusual' is not the same as 'harmful and unfair,'" the court wrote.
The Supreme Court May Be on the Brink of Radically Restricting Bureaucrats' Power
Chevron deference, a doctrine created by the Court in 1984, gives federal agencies wide latitude in interpreting the meaning of various laws. But the justices may overturn that.
