The FBI Wrongly Raided a Georgia Family's Home. Now Their Case Is Going to the Supreme Court.
A federal court ruled Trina Martin could not sue the government after agents burst into her home and held an innocent man at gunpoint.
Law & Government
Rights and Wrongs of the Supreme Court's Ruling in the Alien Enemies Act Case
The Supreme Court oveturns lower court decisions temporarily barring AEA deportations, but also emphasizes that detainees are entitled to due process, and that AEA deportations are subject to judicial review.
Louisianans Overwhelmingly Reject Gov. Jeff Landry's Amendments
Voters said no to constitutional amendments on juvenile justice, government spending, and more.
Trump's Tariffs: It's Not Just the Stock Market That's In Trouble
The president is raising taxes, hiking prices, and creating supply chain chaos. Congress should act quickly to stop this.
Trump Is Wrong About McKinley's Tariff Legacy
Did the 25th president really make America "very rich through tariffs"? William McKinley might have told you otherwise.
An Executive Power Case That Trump May Win
The Supreme Court seems likely to agree that a member of the National Labor Relations Board may be fired by the president at will.
Are Trump's Tariffs Constitutional?
The International Emergency Economic Powers Act does not authorize the president's imposition of tariffs, a lawsuit alleges.
Why Trump's "Liberation Day" Tariffs are Illegal
They weren't authorized by Congress and go against the major questions and nondelegation doctrines.
Senators Make Modest Moves To Reclaim Tariff Powers From Trump
A small but growing bipartisan movement in the Senate is pushing back against the president's imposition of tariffs, but there's plenty of room to go further.
The Supreme Court Blesses the FDA's Rejection of Flavored Nicotine Vapes
The justices unanimously overturned a 5th Circuit decision that deemed the agency's treatment of e-liquids "arbitrary and capricious."
The Senate Just Passed Rand Paul's Bill To Block Trump's Tariffs on Canada
The bill faces an uncertain future, but it is a faint glimmer of hope for those hoping to limit executive power over trade.
Joe Rogan Is Right: It Is 'Kind of Crazy' To Deport Innocent People Mistakenly Identified As Gang Members
The Trump administration says it is shameful even to suggest that immigration agents could make such errors.
Looking for Plaintiffs to Challenge Trump's IEEPA Tariffs in Court
The Liberty Justice Center and I are looking for appropriate plaintiffs to bring this type of case. LJC (a prominent public interest law firm) can represent them pro bono.
Nina Jankowicz's Defense of Government Censors Is Based on Misinformation
"Everything looks like a conspiracy when you don't know how anything works," said Jankowicz.
Supreme Court Lets ATF Regulate (Some) DIY Firearms Kits
More litigation is required to find out which kits and unfinished parts are subject to regulation.
The Government Threatened To Seize His Home Over Tall Grass
Bureaucrats in Dunedin, Florida, originally hit Jim Ficken with a fine close to $30,000. When he couldn't pay that, things turned dire.
The Best of Reason: Rise of the Samurai Lawyers
An economist explores how a stable and relatively just legal order emerged in medieval Japan.
Lawsuit Over UC Berkeley's Alleged Toleration of Anti-Semitism …
can go forward in part, a federal trial judge concludes.
Mississippi Says Medical Marijuana Is Legal—Just Don't Talk About It
The state legalized medical marijuana but banned dispensary owners from advertising. Now, one owner is taking the fight to the Supreme Court.
Trump's Use of the Alien Enemies Act Violates Madison's View of Presidential Power
Alleged criminal aliens may face legal punishment. But only after receiving due process of law.
Trump's War on the Press
The president is arguing in court that journalism he doesn't like is "election interference" that constitutes consumer fraud.
The Hidden Politics of Whiskey Prices
Donald Trump is determined to make everything from Canadian whiskey to Mexican avocados more expensive. Can anyone stop him?
88 Problems for Kurt Lash
Evan Bernick's first in a series of guest-blogging post: Part I of a critique of an important defense of the constitutionality of Donald Trump's executive order on birthright citizenship.
Lee Kovarsky on the Venue Issue in the Alien Enemies Act Case
A leading expert on habeas corpus explains why the Trump Administration is wrong to claim the case must be heard in Texas, rather than Washington, DC.
Rise of the Samurai Lawyers
An economist explores how a stable and relatively just legal order emerged in medieval Japan.
Sixth Circuit Won't Hear Pre-Final-Judgment Appeal in Case Alleging Ohio School "Encouraged Young Children to Become Transgender …
and then lied to parents about what was happening." Because some claims remain undecided in trial court, the court of appeals holds it lacks jurisdiction over the appeal.
What VanDerStok Says about Agency Interpretations of Statutes
The Court's opinion upholding federal regulation of "ghost guns" makes passing reference to Loper Bright Enterprises.
DC Circuit Upholds District Court Order Blocking Deportations Under The Alien Enemies Act
The 2-1 ruling is procedural, but strongly suggests the majority judges also reject the Trump administration's position on the merits.
Arizona Legislators Are Immune From Traffic Tickets During Session. A New Proposal Wants To Change That.
Legislators have used the state Constitution to avoid accountability for egregious traffic violations.
On the Effects of Occupational Licensing on the Legal Profession
An interesting new study on how state bar requirements may affect the quality and quantity of legal services.
Federal Court Rules Migrants Have Right to Hearing to Challenge Alien Enemies Act Deportations
Judge Boasberg ruled the migrants are entitled to due process in determing whether they really are "alien enemies" covered by the Act.
11 Court Opinions in the Last 30 Days Mention AI-Hallucinated Material, and …
that's likely just the tip of the iceberg.
Trump's Attack on the Courts Channels the Worst of Theodore Roosevelt
An unconstitutional act is still unconstitutional even if lots of people support it.
Syria's Revolution Has Betrayed Its Promise
After Assad’s fall, Syria was poised for liberation. Instead, ethnic violence, sectarian dogma, and unchecked power are threatening to turn victory into yet another nightmare.
The Atlantic Should Not Find Out About a War Before Congress Does
The White House accidentally leaked military plans in Yemen to a journalist—and demonstrated how unconstitutional U.S. war making has become.
Trump's War With the Courts
Plus: A listener asks why some American libertarians seem to unquestioningly accept everything Vladimir Putin says.
Trump Ends Program for Legal Migrants From Cuba, Haiti, Nicaragua, and Venezuela
Over 500,000 migrants used the program to enter and work in the U.S.
Federal Judge Blocks Texas A&M From Banning Drag Shows
The judge ruled that Donald Trump and Texas Gov. Greg Abbott's executive orders targeting "gender ideology" can't change the fact that drag performance is expressive conduct under the First Amendment.
Is and Ought in Constitutional Law
A response to Joel Alicea on whether originalism needs a moral defense.
Justices Alito and Gorsuch Would Like to Reconsider Crawford
Two decisions respecting a denial of certiorari suggest the Court should reconstruct Confrontation Clause jurisprudence.
States Keep Suing the Feds, but Not in Defense of Federalism
State Attorneys General appear more interested in lining up with their political tribe than they are in defending state interests.
N.C. Court on Compensation for (Apparently Unauthorized) Forced Vaccination by School
The court concludes that the federal 2005 Public Readiness and Emergency Preparedness (PREP) Act preempts state battery claims, but not state constitutional law claims.
