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."
The International Emergency Economic Powers Act does not authorize the president's imposition of tariffs, a lawsuit alleges.
A response to Joel Alicea on whether originalism needs a moral defense.
The removals challenge Humphrey’s Executor, a Supreme Court precedent that protects independent agency officials from political firings.
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."
The president says those legislators are "subject to investigation at the highest level," notwithstanding their pardons and the Speech or Debate Clause.
Threats to impeach federal judges who rule against the government are a naked attack on their constitutionally crucial function.
President Donald Trump has begun kicking immigrant “Hamas sympathizers” out of the U.S.
Most courts have ruled that vanity license plates are private speech and protected from viewpoint discrimination under the First Amendment.
The law is wasteful and protectionist. Now, a new lawsuit argues that it is unconstitutional too.
Georgetown constitutional law professor Randy Barnett discusses the legality of DOGE, Trump's executive orders, and birthright citizenship.
His position is grounded in concerns about the separation of powers that presidents of both major parties have raised for many years.
Federal judges in Washington and Maryland say the president's attack on birthright citizenship flouts the 14th Amendment and 127 years of judicial precedent.
New historical evidence on the ERA's invalidity.
Biden announced today that the Equal Rights Amendment is the "law of the land," but the Justice Department and the national archivist disagree.
A deeply mistaken decision on the way out of office.
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.
The executive order that the president-elect plans to issue contradicts the historical understanding of the 14th Amendment.
Why constitutional theory needs more theory.
Washington's Covenant Homeownership Program excludes certain applicants on the basis of race.
The symposium includes contributions by many prominent legal scholars. I am among the contributors.
The Minority Teachers for Illinois Scholarship Program is blatantly unconstitutional.
A forthcoming paper from a Justice on the Ohio Supreme Court on constitutional interpretation in Ohio.
Judge Joseph Bianco’s decision emphasizes that constitutional rights and protections belong to individuals, not groups.
"In short, 'cruel and unusual' is not the same as 'harmful and unfair,'" the court wrote.
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.
Fourth in a series of guest-blogging posts.
Third in a seris of guest-blogging posts.
Second in a series of guest-blogging posts.
First in a series of guest-blogging posts.
The book argues that the structural elements of the Constitution should be interpreted in a way that empowers the federal government to address collective action problems facing the states.
A new lawsuit argues the state's requirement that doctors must be licensed in California to do remote consultations with patients there is unconstitutional.
The cars of two Alabama women were seized for more than a year before courts found they were innocent owners. The Supreme Court says they had no constitutional right to a preliminary hearing.
Plus: California's landmark law ending single-family-only zoning is struck down, Austin, Texas, moves forward with minimum lot size reform, and the pro-natalist case for pedestrian infrastructure.
Columbia law professor David Pozen recalls the controversy provoked by early anti-drug laws and the hope inspired by subsequent legal assaults on prohibition.
A look at personal jurisdiction after Mallory.
The Institute for Justice says its data show that a century-old Supreme Court doctrine created a huge exception to the Fourth Amendment.
SpaceX argues the federal agency trying to punish it for firing employees critical of Musk is itself unconstitutional.
Plus: the Supreme Court weighs housing fees and homelessness, YIMBYs bet on smaller, more focused reforms, and a new paper finds legalizing more housing does in fact bring costs down.
Do you care about free minds and free markets? Sign up to get the biggest stories from Reason in your inbox every afternoon.
This modal will close in 10
