Ninth Circuit Rules Against Trump's Diversion of Military Construction Funds to Build his Border Wall
The divided 2-1 decision is the first court of appeals ruling to rule on the legality of a key part of the funding diversion effort.
Law & Government
Be Patient: We Might Not Know Who Won the Election Right Away
Mail-in ballots typically take days or sometimes weeks to be counted, so don't expect results on Election Night this year.
COVID-19 Demonstrates the Need To Change Nuclear Weapon Launch Authority
Giving one man control of all nuclear weapons is a mistake.
House Antitrust Report Hits Apple, Amazon, Facebook, and Google
Plus: Tech companies respond, proposed H-1B visa changes, and more...
An Overdue Rebuke to Politicians Who Think Anything Goes in a Pandemic
Two courts say COVID-19 lockdowns in Michigan and Pennsylvania were unconstitutional.
Originalism and Personal Jurisdiction
The original rules might not be found in the text.
No Stimulus Before the Election, Trump Says, but Expect More Spending No Matter Who Wins
It is an abrupt reversal for Trump, who as recently as Saturday had voiced his support for another stimulus package.
Two Justices Really Want To Revisit Gay Marriage Ruling. Let's Not Panic, Please.
Clarence Thomas and Samuel Alito worry about the future of religious freedom. That’s not the same as a call to overturn the decision.
Environmental Law in the Roberts Court
The Supreme Court decides a decent number of environmental cases, but does not seem particularly interested in environmental concerns.
Michigan Supreme Court Strikes Down Gov. Gretchen Whitmer's COVID-19 Executive Orders
Whitmer helped spark a national debate over the limits of executive power.
Here's Who Has Tested Positive for COVID-19 in Congress and the White House
Plus: Texas attorney general accused of bribery, Homeland Security wants credit reports on immigration sponsors, and more...
Federal Court Rules Against Trump's Work Visa Ban
The court concludes that the ban is illegal in large part because the broad authority claimed by the president violates the nondelegation doctrine.
Will the Senate Have a Quorum to Confirm Judge Barrett? (Updated)
As more senators test positive for COVID-19, the ability of the Senate to conduct business is threatened.
Public Disclosure of Presidential Illnesses
A useful summary of how White Houses are not always forthcoming about medical issues afflicting Presidents.
The Case Against Biden: Joe Biden's Politics of Panic
The former vice president has a long history of reckless responses to the menaces du jour.
Justin Amash Votes Against Resolution Urging FBI To Investigate QAnon Conspiracy Theory
Congress' one Libertarian member cited the counterproductive, free speech-threatening nature of the resolution to explain his "no" vote.
As Airlines Begin Layoffs, Nancy Pelosi Promises Bailout
House Democrats are working to extend another round of emergency aid to airlines in a stand-alone bill after the passage of a larger coronavirus relief package stalled in the Senate.
What Happens if Trump Becomes too Incapacitated to Serve, Drops Out of the Election, or Both?
Some possible answers to these questions from leading experts on the subject.
Jo Jorgensen Is 'Fine' With Filling SCOTUS Vacancy Before Election
"If it were me, I would certainly put my nominee forth," Jorgensen says. Partisan bickering over the confirmation process is just "politics as usual."
The 5 (Mostly Libertarian) Candidates Who Might Get Blamed for Tipping Control of the Senate
Lindsey Graham just dodged a third-party bullet, but there are a handful of other tossup Senate races where third-party candidates could exceed the major candidates' margin.
Senate Democrats and Republicans Strike Deal To Subpoena Big Tech CEOs
Bipartisanship isn't dead, sadly.
People Are Missing the Point on Trump's Tax Returns
The U.S. tax code should be front and center.
Will These Lawsuits End Trump's Tariffs? More Than 3,500 U.S. Companies Hope So.
The lawsuits have been filed over the past two weeks by several major American companies, including retailers Target and Home Depot, car manufacturers Tesla and Ford, and several major manufacturing firms.
Should You Be Able To Sue a Business for Exposing You to Coronavirus?
Renewed wrangling over another relief bill has raised the possibility that Congress will pass sweeping liability protections for businesses accused of contributing to the spread of COVID-19.
Juror in Breonna Taylor Case Sues for Right To Reveal What Really Happened in Court
Plus: Presidential candidates take the stage tonight, the most-banned books of the last decade, and more...
It's Official: Trump Nominates Judge Amy Coney Barrett to the Supreme Court
If confirmed, she would cement a strong 6-3 conservative majority.
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...
