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Court of Appeals

An illustration of Lady Justice | Illustration: Joanna Andreasson; Source: ChatGPT-4

Criminal Justice

Not Guilty but Punished Anyway

Sentencing defendants based on acquitted conduct violates basic notions of justice.

Billy Binion | 4.19.2025 6:00 AM

Writer E. Jean Carroll | Gabriele Holtermann-Gorden/Sipa USA/Newscom

Donald Trump

Pay Up, Trump

Plus: Biden's last-minute Ukraine cash surge, Tennessee age-verification law blocked, Kentucky man killed by cop who showed up at wrong house, and more…

Elizabeth Nolan Brown | 12.31.2024 9:53 AM

A smartphone displaying the TikTok logo, with the U.S. Capitol Building in the background. | Cfoto/ZUMAPRESS/Newscom

Free Speech

D.C. Circuit Court Upholds TikTok Ban, Prioritizing 'National Security' Over Free Speech

The popular but beleaguered social media app will have until January 19 to find an American buyer or be banned.

Joe Lancaster | 12.6.2024 3:15 PM

wayback | Illustration: Lex Villena; Transversospinales | Dreamstime.com

Internet

Courts Are Coming for Digital Libraries

A federal court recently said the Internet Archive is not protected by fair use doctrine.

C.J. Ciaramella | 11.10.2024 6:00 AM

Judiciary

The First Real Judicial Filibuster

Remembering the first time a partisan Senate minority blocked a judicial nomination that enjoyed majority support.

Jonathan H. Adler |The Volokh Conspiracy | 10.11.2024 10:36 AM

A screenshot from police interrogation room footage | Photo: Kentucky State Police polygraph examiner and Natasha Martin; Nickie Miller vs. Montgomery County

Civil Liberties

A Prosecutor Allegedly Told a Witness To Destroy Evidence. He Can't Be Sued for It.

Absolute immunity protects prosecutors even when they commit serious misconduct on the job.

Billy Binion | 9.29.2024 6:00 AM

Federal courthouse | Ron Buskirk/UCG/Universal Images Group/Newscom

Voting Rights

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.

C.J. Ciaramella | 7.18.2024 4:10 PM

Horses graze in an open Tennessee pasture, with a barn deep in the background. | Kenn Stilger | Dreamstime.com

Surveillance

Tennessee Will Not Appeal Ruling Over Wildlife Agents Planting Cameras

While the decision is great news for Tennesseans, it's only the first step in reclaiming Americans' property rights against the open fields doctrine.

Joe Lancaster | 7.10.2024 5:00 PM

Erma Wilson is seen next to the 5th Circuit ruling granting her a rehearing | Institute for Justice; U.S. Court of Appeals for the 5th Circuit

Criminal Justice

Can This Woman Sue the Rogue Prosecutor Who Allegedly Helped Upend Her Life?

Prosecutor Ralph Petty was also employed as a law clerk—by the same judges he argued before.

Billy Binion | 5.16.2024 4:45 PM

Wood and wire fence on a farm with a No Trespassing sign, as seen through a camera. | Illustration: Lex Villena; Heather Reeder

Government abuse

Tennessee Appeals Court Rules Against Wildlife Agents Who Planted Cameras on Private Land

The three-judge panel concluded unanimously that while the state law at issue is constitutional, the wildlife agents' application of it was not.

Joe Lancaster | 5.10.2024 3:37 PM

A handgun in a belt holster | Michael Tefft/Flickr

Second Amendment

9th Circuit Temporarily Restores the Right To Bear Arms As It Mulls California's New Gun-Free Zones

The state's law, which a federal judge enjoined last month, prohibits firearms in most public places.

Jacob Sullum | 1.8.2024 12:50 PM

Erma Wilson | Institute for Justice

Due Process

5th Circuit Reluctantly Rules Against Victim of a Prosecutor Who Was Also a Law Clerk

Ralph Petty's "conflicted dual-hat arrangement" as an advocate and an adjudicator was "utterly bonkers," Judge Don Willett notes.

Jacob Sullum | 12.18.2023 5:00 PM

A man cleans the receiver of a disassembled handgun. | DPST/Newscom

Guns

Gun Hobbyists (and Liberty) Win Big in Court

Fifth Circuit judges slap the ATF for making up illegal rules against homemade guns.

J.D. Tuccille | 11.13.2023 7:00 AM

woman at protest holding box that says "abortion pils" | Olga Fedorova/ZUMAPRESS/Newscom

Abortion

Appeals Court Rules in Much-Anticipated Abortion Pills Case

Plus: Court urged to stop Arkansas' social media age verification law from taking effect in September, legalizing medical marijuana linked to lower insurance premiums, and more...

Elizabeth Nolan Brown | 8.17.2023 9:39 AM

Biden speaks in favor of the DISCLOSE act | Ron Sachs - Pool via CNP/picture alliance / Consolidated News Photos/Newscom

Student Loans

Biden's Student Loan Forgiveness Plan Gets Blocked Again

On Monday, a federal appeals court placed an injunction on Biden's student loan forgiveness plan, marking the second major setback for the proposal in recent days.

Emma Camp | 11.15.2022 4:27 PM

kids playing | Photo by <a href="https://unsplash.com/@bethbapchurch?utm_source=unsplash&utm_medium=referral&utm_content=creditCopyText">BBC Creative</a> on <a href="https://unsplash.com/?utm_source=unsplash&utm_medium=referral&utm_content=creditCopyText">Unsplash</a>

Reason Roundup

Federal Appeals Court Upholds College Degree Requirement for Child Care Staff

Plus: how voters respond to vague criticism, U.S. lawmakers still at war with TikTok, and more...

Elizabeth Nolan Brown | 8.15.2022 9:34 AM

Fish and Bees | Illustration: Lex Villena

California

California Environmentalists: Bees Are Now Fish

The state's Endangered Species Act doesn't protect insects, so environmentalists and government officials intent on helping bees had to get creative.

Fiona Harrigan and Isaac Reese | 7.19.2022 1:55 PM

victims rights

When Should an Appellate Court in a Criminal Case Describe a Victim as the "Alleged Victim"?

In a petition for reconsideration, I ask the Utah Supreme Court to modify a recent opinion to remove the qualifier "alleged" in front of term "victim" in light of the fact that the defendant has been convicted of sexually assaulting the victim.

Paul Cassell |The Volokh Conspiracy | 7.15.2022 2:45 PM

Bumblebee on purple flowers | Photo 29221138 © Mobi68 | Dreamstime.com

Animals

California Court Rules That Bees Are Fish

Insects aren't a category protected by the California Endangered Species Act. So state officials classified four bumblebee species as fish to get them listed.

Fiona Harrigan | 6.1.2022 10:25 AM

elsa-olofsson-rvOv9BwlPAM-unsplash | Photo by <a href="https://unsplash.com/@elsaolofsson?utm_source=unsplash&utm_medium=referral&utm_content=creditCopyText">Elsa Olofsson</a> on <a href="https://unsplash.com/?utm_source=unsplash&utm_medium=referral&utm_content=creditCopyText">Unsplash</a>

Reason Roundup

Delta-8 Cannabis Compound Is Legal, Says Federal Appeals Court

Plus: Libertarian Party changes abortion and bigotry planks, the FDA's weird rejection of fluvoxamine for treating COVID-19, and more...

Elizabeth Nolan Brown | 5.31.2022 9:30 AM

border patrol crossing | Mani Albrecht/ZUMA Press/Newscom

Immigration

Court Says U.S. Cannot Expel Migrant Families to Countries Where They Face Harm

A federal judge wrote that migrants could face "horrific consequences" if expelled to certain places, particularly Mexico and Central American countries.

Julian Verdon | 3.10.2022 1:45 PM

krtphotoslive903177 | TNS/Newscom

Social Media

Appeals Court Rules Social Media Companies Not Liable for Pulse Nightclub Shooter's Radicalization

"The plaintiffs failed to make out a plausible claim that the Pulse massacre was an act of 'international terrorism' as that term is defined in the ATA."

Liz Wolfe | 10.25.2021 10:05 AM

Field drug test kits | Photo: Julian Dufort

Prisons

The $2 Drug Test Keeping Inmates in Solitary

Reason tried out the field test kits used to test for drugs in prison. They were unreliable and confusing.

C.J. Ciaramella | 6.13.2021 6:00 AM

teentherapy_1161x653 | Dean Bertoncelj / Dreamstime.com

LGBT

Federal Circuit Court Rules Bans on LGBT Conversion Therapy for Minors Unconstitutional

A court split between Florida and California may mean an eventual Supreme Court decision.

Scott Shackford | 11.20.2020 3:15 PM

Volokh Conspiracy

Circuit Court Nominations and Senate Obstruction

Keith E. Whittington |The Volokh Conspiracy | 10.12.2020 9:00 AM

98443887_m |  Guy Sagi

2nd Amendment

Court Strikes Down California's Ammunition Background Check Requirement

The state has already appealed the decision to the 9th Circuit Court of Appeals.

Brian Doherty | 4.27.2020 4:45 PM

rollcallpix112619 | om Williams/CQ Roll Call/Newscom

Obamacare

Will Another Court Vote to Strike Down Obamacare?

It sure looks like it.

Peter Suderman | 7.10.2019 10:04 AM

Webp.net-resizeimage (13) | "March for Life in London" by Catholic Church (England and Wales) is licensed under CC BY-NC-SA 2.0

Abortion

U.K. Appeals Court Overturns Ruling That Would Have Forced Mentally Disabled Woman To Get Abortion Against Her Will

Justice Natalie Lieven ruled it was in the woman's "best interests" because she has learning disabilities.

Billy Binion | 6.24.2019 6:00 PM

Large image on homepages | Jonathan Kirn Stock Connection Worldwide/Newscom

Reason Roundup

Rudeness Isn't Illegal Says Sixth Circuit, In Case of Flipped-Off Cop Who Issued Ticket

Plus: Can sex workers ever trust Kamala Harris? Why do teens love Google Docs? And how is Tumblr faring without porn?

Elizabeth Nolan Brown | 3.15.2019 9:30 AM

Large image on homepages | saratm/Fiverr

Law & Government

Liberty Has a New Champion on the Federal Bench

Don Willett has championed economic freedom and accountability for cops.

Damon Root | 1.12.2019 6:00 AM

Volokh Conspiracy

Amicus Brief on California Confiscation of Standard Magazines

David B. Kopel |The Volokh Conspiracy | 1.8.2018 3:25 PM

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