It's Official: Trump Nominates Judge Amy Coney Barrett to the Supreme Court
If confirmed, she would cement a strong 6-3 conservative majority.
Law & Government
DC Circuit Rules House of Representatives has Standing to Challenge Trump's Diversion of Funds to Build his Border Wall
The opinion was written by prominent conservative Judge David Sentelle.
Rand Paul, Tulsi Gabbard, Thomas Massie, Ron Wyden Join Forces To Unplug the President's 'Internet Kill Switch'
Under the broad terms of a 1934 federal law, the president has the authority to seize emergency control of almost any electronic device in the country.
John Yoo: The Man Who Would Make the President King
The Trump presidency has been a stress test for maximalist theories of presidential power.
Why Democrats Should Stop Worrying and Learn To Love the Filibuster
Progressives are promising to get rid of this long-standing check on the power of raw majorities in the Senate just when it would help them the most.
Amy Coney Barrett Thinks the Second Amendment Prohibits Blanket Bans on Gun Possession by People With Felony Records
The SCOTUS contender's 2019 dissent will alarm gun control supporters but reassure people who want judges to take this constitutional provision as seriously as others.
Section 230's Latest Attacker: The Justice Department
A new DOJ proposal aims to bring the internet communications law in line with Trump's personal interpretation of it.
Maine Becomes First State To Try Ranked-Choice Voting for President
Voting for Libertarian, Green, or independent candidates will not mean “throwing your vote away.”
Pentagon Uses Pandemic Response Cash To Pay Defense Contractors for More War Toys
Plus: House votes to keep funding the government, DHS recalls intelligence reports, Jeff Bezos is starting a preschool, and more...
Partisan Poppycock Does Not Trump the Constitution on SCOTUS Picks
The restrictions imagined by Republicans in 2016 or by Democrats now are nothing but self-serving nonsense.
America's Debt Will be Twice the Size of the Economy by 2050
The Congressional Budget Office warns that higher levels of debt will slow economic growth significantly in the years ahead.
After the Stimulus Binge, Brace for a Crash
Skyrocketing debt, higher borrowing costs, and a hobbled economy are predicted in the latest Congressional Budget Office report.
The Death of Ruth Bader Ginsburg and the Future of the Supreme Court
What's next for SCOTUS?
Justices Who Died in Office
Before Chief Justice Rehnquist's death in 2005, the last Justice to die in office was Justice Jackson
Pennsylvania Lockdown Lawsuit Victory May Cure a Plague of Pandemic Restrictions
“The Constitution sets certain lines that may not be crossed, even in an emergency.”
Biden and Trump Now Agree: The President Has No Authority To Impose a Nationwide Mask Mandate
If only that signaled a broader respect for legal limits on executive power.
Trump Administration Formally Bans TikTok, WeChat Apps From Online Stores in U.S.
There’s nothing good about censoring communication platforms citizens want to use.
USA Today Op ed Making the Case for Abolishing the Constitutional Requirement that the President Must be a "Natural Born" Citizen
I coauthored it with Harvard Law School Professor Randall Kennedy.
Democrats Scuttle Marijuana Decriminalization Vote Over Fears of Not Being Deferential Enough to Cop Lobbyists
If Congress is too afraid to vote on marijuana reform, how the hell are they ever going to pass policing reform?
Trump May Tank TikTok Deal With Oracle Because Government Doesn't Get a Cut
Plus: Bill Barr has lost his mind, Salt Lake City officer who ordered dog to bite black man charged, and more...
Court OKs Deportation of Hundreds of Thousands of Immigrants, Another Says Homeland Security's Head Might Have No Legal Authority
Plus: Trump threatens Iran, Pennsylvania pandemic restrictions are unconstitutional, sex workers call out Kamala Harris, and more...
Is John Roberts the New Anthony Kennedy?
Like it or not, this is the Roberts Court now.
The Messy TikTok Sale Is What Happens When Governments Get Involved in Social Media
Plus: More red states may get legal weed, antitrust action against Google expected this week, the Cuties controversy, and more...
States Aren't Getting a Federal Coronavirus Bailout. Most Will Be Fine.
The COVID-19 pandemic will strain some state budgets, but you shouldn't believe the predictions about catastrophic cuts.
Court Thwarts Trump's Attempt To Exclude Undocumented Immigrants From Census
Plus: Raleigh cop uses fake evidence in drug cases, caution on CDC study linking restaurants to COVID-19 cases, and more...
Massachusetts Abandons Its Puzzling Public Health Distinction Between Casinos and Video Arcades
A week after being sued over his arbitrary COVID-19 policy, Gov. Charlie Baker says he will allow arcades to reopen.
SCOTUS Contender James Ho Combines Respect for Free Speech and Gun Rights With a Troubling Deference to Cops
The 5th Circuit judge is a mixed bag from a libertarian perspective.
More Ideas that Can Help Repair and Extend the Rule of Law
These proposals augment those made in Paul Rosenzweig and Vishnu Kannan's important recent article on the subject.
Repairing the Rule of Law: A Post-Trump Agenda
A list of reforms to help restore the rule of law in a post-Trump Washington.
Thoughts on Trump's Potential Plan to Cut Federal Grants to "Anarchist Jurisdictions"
For the moment, the executive "memorandum" is long on rhetoric, but short on actual action. If it ever does lead to action, it could be yet another attack on federalism and separation of powers.
Pat Toomey on CDC Eviction Moratorium: 'The Legal Authority Is a Real Stretch'
The Trump administration's new nationwide eviction moratorium provokes a backlash from some congressional Republicans.
FOSTA Is Unconstitutional, Argue Sexual Freedom Advocates and First Amendment Lawyers in New Motion
Plus: People have doubts about democracy, Washington state sues Juul, and more...
Trump's Eviction Moratorium Could set a Dangerous Precedent [Updated]
It's a power grab that could undermine federalism and separation of powers, and imperil property rights.
A Loss for Flynn and a (Temporary?) Win for McGahn
Multiple significant opinions from the D.C. Circuit on Judge Griffith's last day.
What Happens When Trump Judges Confront Trump Administration Deregulation?
Faced with a choice between the Trump Administration and the law, these judges had no problem following the law.
May Legislature Restrict State Constitutional Right to Keep and Bear Arms in the Legislative Building?
A court should decide that question by interpreting the state Bill of Rights, the New Hampshire Supreme Court says; it shouldn't conclude that this is a "political question" to be decided purely by the Legislature and the people.
DOJ Interim Final Rule Restricts Reliance on Guidance Documents
In response to a Trump Executive Order, the Justice Department seeks to diminish the import of agency guidance.
UCLR Online Symposium on Seila Law v. CFPB
A collection of essays analyzing one of the more important administrative law decisions of the October 2019 term.
Trump Pardons Inmate-Turned-Activist Jon Ponder and Praises 'Second Chances'
"I will continue to give all Americans, including former inmates, the best chance to build a new life and achieve their own American dream," Trump said.
At the RNC, Rand Paul Is Right About the Need To End Wars, but Trump Hasn't Ended Any
Trump even vetoed a bill that would stop him from military action in Iran without congressional approval.
Coronavirus Is Devastating State Budgets. Is Leasing Toll Roads to Private Operators the Answer?
Leasing state toll roads could provide the revenue states need to improve their balance sheets.
Mike Godwin, the Creator of Godwin's Law, Is Suing Trump Over His TikTok Executive Order
"I know what moral panics look like; they look kind of like this."
The Supreme Court's Refusal to Reinvigorate the Contract Clause
The Court has said almost nothing interesting about the Contract Clause this millennium, and in 2018 it continued to apply the Clause loosely.
