Justice Stevens Admits Error in the Kelo Case—but Also Doubles Down on the Bottom Line
In his recent memoir, he admits he seriously misinterpreted precedent in one of his most controversial decisions, but maintains he still got the result right.
Law & Government
To Defeat Trump, New York Times Columnist Argues, We Must Abolish Judicial Review
Jamelle Bouie's counterintuitive recommendation would effectively eliminate constitutional limits on elected officials, including Trump and every demagogue who follows him.
Originalism and the Law of the Past
Steve Sachs and I defend originalism against charges of "law office history."
May the House of Representatives Appeal Dismissal of Criminal Charges, When the Justice Department Doesn't Appeal?
From Prof. Jonathan Nash (Emory), an expert on Congressional standing.
House Tries To Give 'Dreamers' a Path to Citizenship, but Mitch McConnell Won't Even Consider the Bill
The Senate majority leader says he will not allow a vote on it, despite widespread support for the measure.
Don't Trust the FBI to Properly Use Its Massive Facial Recognition Database
You might consider buying a hat to cover your face—and hoping you’ll be allowed to wear it.
Will Senate Republicans Revolt Over Trump's Mexico Tariff Threats?
So far, the answer is "maybe."
Pirates, Pot, and Police: The Supreme Court Has Been Busy
Plus: intra-conservative culture war, Tulsi Gabbard on Snowden, and more…
Federal Judge Dismisses House of Representatives Border Wall Lawsuit for Lack of Standing
The decision does not reach the merits of President Trump's attempt to divert military funds to build his border wall.
Bipartisan Senate Effort Predictably Kills Rand Paul's Plan to Balance the Federal Budget
Paul's proposal to cut 2 percent from the federal budget for the next five years was predictably opposed by both Democrats and most Republicans
Justin Amash and Rand Paul Disagree About Impeachment, but Fight Together for Federal Surveillance Reform
Both still see surveillance abuse that needs fixing. They’re pursuing different paths to get there.
No, I'm Serious. The Roberts Court Won't Save Trump from Impeachment
Sometimes Dershowitz gives really bad advice
How Often Has the U.S. Supreme Court Upheld a Federal Law?
An awful lot, but who's counting?
Can the House of Representatives Continue a Prosecution That the Executive Branch Has Decided to Drop?
An interesting separation of powers question coming in the Female Genital Mutilation statute / Commerce Clause / Religious Freedom Restoration Act / Dawoodi Bohra litigation.
Brett Kavanaugh Flunks His First Test as an Originalist
If Kavanaugh is a committed originalist, you would never know it based on his complacent behavior in Timbs v. Indiana.
Congress Is Racing To Address a Fentanyl Problem That Fentanyl Experts Say Probably Doesn't Exist
You can’t overdose on fentanyl simply by touching it.
Libertarians Forged an Alliance With Brazilian President Jair Bolsonaro. Was It a Deal With the Devil?
Free market reformers and authoritarian nationalists battle it out to reshape Brazil.
Illinois Passes Constitutional Amendment to Allow a Progressive Income Tax
Voters will decide next year whether to impose it.
What to Make of the Supreme Court's Latest Abortion Case
SCOTUS sidesteps the hard questions in Box v. Planned Parenthood of Indiana and Kentucky.
Dangers of a World Where "Almost Anyone Can be Arrested for Something"
A recent dissenting opinion by Supreme Court Justice Neil Gorsuch highlights some of the dangers of the enormous scope of modern criminal law.
Vox Symposium on Whether a Sitting President Can be Indicted and Prosecuted for a Crime
The symposium includes contributions by 16 legal commentators, including VC bloggers Keith Whittington and myself.
Thomas Massie Catches Bipartisan Flak for Suggesting Congress Actually Vote on $19 Billion in Disaster Funding
Demanding that members of Congress be in town to vote on spending huge sums of money seems reasonable.
WATCH: At Town Hall, Justin Amash Explains Impeachment Tweets, Gets Asked About Possible Libertarian Presidential Run
If you had never heard of Amash before, it was a perfect introduction to his views on just about every significant issue. If you are familiar with him, it was a standout performance.
Justin Amash Blasts Attorney General Barr: 'The Public and Congress Were Misled'
In another long Twitter thread, the libertarian-ish Michigan Republican says AG Barr "helped further the president’s false narrative about the investigation."
How Often Has the U.S. Supreme Court Struck Down a Federal Law? Part II
More often than you might think
Federal Court Rules Trump Cannot Use Defense Funds to Build Border Wall
The first court decision on Trump's plan to reallocate federal funds to "build the wall" goes against the administration.
Utah State Trial Judge Disciplined for Anti-Trump Remarks in Courtroom
The Utah Supreme Court upheld a six-month suspension without pay, based in part (though not entirely) on these remarks; the judge has a history of past discipline on other grounds as well.
Who Owns Your Life Story? Free Speech Rules (Episode 4)
Episode 4 of Free Speech Rules, starring UCLA law professor Eugene Volokh
How Often Has the U.S. Supreme Court Struck Down a Federal Law?
Depends on who you ask.
A New History of Judicial Review
A new history of how the U,.S. Supreme Court has defined and enforced the limits of congressional power
Amash Doubles Down: 'Some of the President's Actions Were Inherently Corrupt'
Whether or not you agree with Amash, his demeanor this week stands in stark contrast to how most of Trump's defenders—and the president himself—have reacted to Amash's statements.
Trump Rant Replaces Infrastructure Meeting as Impeachment Talk Swallows All of Politics
Plus: Snowflakes in House Freedom Caucus continue to melt down over Amash comments, Michael Avenatti charged for stealing from Stormy Daniels, and more...
Justin Amash, Republican (For Now) Unicorn
There aren't more like him in Congress. Which is why he might take the third-party plunge.
New York Legislators Approve Double Jeopardy for Trump Cronies to Protect 'the Rule of Law'
The bill allows dual prosecutions of people in the president's orbit who receive pardons or commutations.
An Amber Alert Was Botched Because Detectives Struggled To Work a Fax Machine. Wait, What?
While well-intentioned, the alert system is often ineffective.
Justin Amash Is Right About Impeachable Conduct
The grounds for removing a president extend beyond statutory violations that could be proven in a criminal trial.
Trump Loses Round One in Financial Record Fight
A federal judge rejects the President's attempt to block a Congressional subpoena of his financial records.
The Democrats' Dumb War Against Charter Schools
The latest bad idea from Bernie Sanders is depressingly popular, sayeth the podcast crew.
Trump's One-Sided War Against New York's Political Elite
Bill de Blasio's coming humiliation is just the latest evidence of the outer-borough president's revenge on Manhattan.
A Texas City Attorney Was Arrested and Detained for Helping Three Young Migrants on the Side of the Road
One of the migrants was gravely ill.
Justin Amash's Principled Stand Against Trump Will Not Make Him Popular in the GOP
Plus: Game of Thrones ends, Trump's trade war with China regrettably does not.
Rep. Justin Amash Says Trump 'Has Engaged in Impeachable Conduct'
"When loyalty to a political party or to an individual trumps loyalty to the Constitution, the Rule of Law—the foundation of liberty—crumbles."
I Testified Before Congress About Hate Crimes and the Alt-Right. Here's What Happened.
A hearing on white nationalism produced some agreement that the FBI's hate crime statistics don't reveal strong evidence of a surge.
John Paul Stevens Is Still Trying To Defend the Kelo Debacle
In his new memoir, the retired justice seeks to justify his awful eminent domain ruling.
Jail Guards Joked That ReGina Thurman Had 'Jail-litus' and Threatened Her As She Died
Fellow inmates did more to help ReGina Thurman than her guards and nurses.
Court-Packing Plans Threaten Civil Liberties and the Separation of Powers
Ilya Somin of "The Volokh Conspiracy" discusses the dangers of liberal proposals to pack the Supreme Court.
