"Red Sox Spirit" and Constitutional Theory
A potential new approach to state constitutional law.
Constitutional Interpretation
DHS Says It Has 'Zero Tolerance' for Protesters' 'Verbal Assaults.' Here's What the Law Says.
Protesters continue to clash with law enforcement outside the Delaney Hall immigration detention facility, but questions remain over whether DHS policies comply with First Amendment law.
A Circuit Split Gives SCOTUS an Opportunity To Overturn a Federal Law That Makes Home Distilling a Felony
The 6th Circuit upheld that 158-year-old law, while the 5th Circuit concluded it could not be justified as a revenue measure.
Maine Lobsterman Asks the Supreme Court To Strike Down a Rule Allowing the Government To Track His Boat 24/7
The case could give the Court a chance to clarify what a "closely regulated" business is and what constitutional protections it enjoys.
This Virginia Bill Expands Affirmative Action in State Contracting
The bill creates a new program to increase agency spending on small businesses, particularly those owned by women, minorities, and disabled veterans.
SCOTUS Seems Skeptical of the Federal Ban on Gun Possession by Cannabis Consumers
Most of the justices seemed unsatisfied by the Trump administration's argument that the law is constitutional as applied to a Texas marijuana user.
Small Business Owners Celebrate Supreme Court Striking Down Trump's Tariffs
The battle against the president's so-called reciprocal tariffs is won, but the war for free trade and a stable business environment continues.
When Is a Corporation Also New Jersey?
A few thoughts on the oral argument in Galette v. N.J. Transit Corp.
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.
As Tariff Case Heads to the Supreme Court, Trump's Strongest Argument Has a Fatal Flaw
The International Emergency Economic Powers Act doesn't grant the president the power to regulate imports with tariffs. Even if it did, these tariffs would still be unconstitutional.
Man Accused of Soliciting Teen Girl Walks Because of Federal Overreach
The DOJ tried to claim jurisdiction because he drove on a road.
Coming Soon to the Supreme Court: Are Tariffs Taxes?
The correct answer is: Yes, even when they are also regulations. Whether the Court agrees could determine the future of presidential power.
The Gun-Free School Zones Act Is Doubly Dubious
The federal law relies on a risible reading of the Commerce Clause to restrict a constitutional right.
The Rationale for the Federal Circuit's 'Radical Left' Tariff Decision Is Fundamentally Conservative
Donald Trump's claim that the appeals court ruled against him for partisan or ideological reasons is hard to take seriously.
The Federal Circuit's Tariff Ruling Highlights the Audacity of Trump's Power Grab
Seven judges agreed that the president's assertion of unlimited authority to tax imports is illegal and unconstitutional.
The 10th Circuit Agrees That Prosecuting Cannabis Consumers for Gun Possession May Be Unconstitutional
The appeals court rejected most of the arguments in favor of that policy, saying "the government must show non-intoxicated marijuana users pose a risk of future danger."
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.
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.
