Law & Government
Federal Circuit Grants Government's Motion for Stay Pending Appeal in Our Tariff Case
It's disappointing. But the court will hear the case on the merits on an expedited basis, and we have a strong case.
He Fell Behind on His Taxes. So the Government Seized His Home, Sold It, and Kept the $258,000 Profit.
But now his case against the government can move forward.
Aspiring Barbers and Cosmetologists in Iowa Can Now Learn on the Job Instead of Paying Thousands for Classes
A new law creates an apprenticeship program allowing unlicensed Iowans to make an income from providing cosmetology and barbering services.
Gavin Newsom Defends Federalism Against Trump's Unilateral National Guard Deployment
In a federal lawsuit, California's governor argues that the president's assertion of control over "the State's militia" is illegal and unconstitutional.
The Tom Cotton Do-Over
Trump and the right are living out their fantasies of rewriting the awful summer of 2020.
New Orleans Police Officer Who Shot a Puppy Will Face Trial
This is far from the first time a cop has shot a dog for seemingly no reason.
Missouri Town Wants To Seize Local Businesses Over Chipped Paint and Cracked Sidewalks
Brentwood business owners are challenging the city’s definition of blight in an ongoing lawsuit against city officials' use of the dubious designation to invoke eminent domain.
Democratic FTC Commissioner Quits—But That Doesn't Mean He's Dropping His Lawsuit
Trump fired Federal Trade Commissioner Alvaro Bedoya in March. Yesterday he gave up his claim to the job, but he's still challenging the White House's right to dismiss him.
A Prosecutor Allegedly Tried To Jail Him for Fighting Civil Forfeiture. He May Finally Get His Day in Court.
Law enforcement seized Robert Reeves' Chevrolet Camaro without charging him with a crime. After he filed a class-action lawsuit, that changed.
Arresting Someone for Violating a Probation Condition That Doesn't Exist …
would violate the Fourth Amendment, holds the Eleventh Circuit.
The Divisions Among the Court's Originalists
Professor Joel Alicea on how to understand what may be the most important jurisprudential divisions on the Supreme Court.
DOJ Brings Kilmar Abrego Garcia Back to the U.S. After Insisting It Couldn't
The Department of Justice brought the deported Salvadoran back to U.S. soil for trial, reversing its long-held contention that he would "never" return.
Should the Seventh Amendment Civil Jury Trial Right Apply to the States?
The right to a civil jury trial is far more deeply rooted in American history and tradition than is the right to own guns, which the Supreme Court was right to incorporate.
Defending the Court of International Trade Ruling Against Trump's Tariffs - A Reply to John Yoo
Yoo's criticisms are off the mark, for a variety of reasons. But, tellingly, he actually agrees Trump's IEEPA tariffs are illegal, merely disagreeing with the court's reasons for reaching that conclusion.
Defending the Court of International Trade Ruling Against Trump's Tariffs - A Reply to Jack Goldsmith
The CIT ruling is much stronger than Prof. Goldsmith contends. The same is true of a related ruling by federal District Court Judge Rudolph Contreras.
As American as Due Process
Those accused of wrongdoing have the right to challenge the evidence against them before the government takes away their liberty.
The Nondelegation Case Against Trump's Massive New Travel Ban
Trump v. Hawaii may block a challenge based on unconstitutional discrimination. But it does not preclude a nondelegation case. Other recent developments may actually bolster that approach.
Marsha Blackburn Wants Secret Police
Sen. Blackburn introduced a bill this week that would make it a crime to publish the name of a federal law enforcement officer.
This Small Business Is in Limbo As Owner Sues To Stop Trump's Tariffs
Next week could be a pivotal one, as a federal appeals court could decide whether to restore an injunction against Trump's tariffs.
A Runner Was Prosecuted for Unapproved Trail Use After the Referring Agency Called It 'Overcriminalization'
The case against Michelino Sunseri exemplifies the injustice caused by the proliferation of regulatory crimes—the target of a recent presidential order.
The Legal Battle Over the Motion to Stay the Decision Against Trump's Tariffs
This crucial procedural issue is now before the US Court of Appeals for the Federal Circuit. Its resolution will determine whether the tariffs are immediately suspended, or get to continue so long as the case is stil being litigated.
Police Blew Up This Innocent Woman's House and Left Her With the Bill. A Judge Says She's Owed $60,000.
Vicki Baker's legal odyssey is finally coming to an end.
Unanimous Supreme Court Affirms That There Is No 'Good' Discrimination
The court ruled on Thursday that a heterosexual woman shouldn't have to clear a higher bar than a gay colleague to sue for discrimination.
Is the Supreme Court Really That Divided? The Facts Say No.
Unanimous rulings on discrimination, guns, and religion once again challenge the common media narrative that the Court is hopelessly polarized.
Florida Woman Fined $165,000 for Trivial Code Violations Takes Her Case to the Florida Supreme Court
Sandy Martinez was fined for a parking violation on her own property, driveway cracks, and a storm-damaged fence.
A Federal Judge Orders Relief for Alleged Gang Members Deported and Imprisoned Without Due Process
Without such intervention, he warns, the government "could snatch anyone off the street, turn him over to a foreign country, and then effectively foreclose any corrective course of action."
Overruling Trump's Tariffs Should Be an Easy Decision for SCOTUS
Plus: A love letter to the heavy metal band Slayer.
Michael McConnell on the Tariff Cases and their Significance
A leading conservative legal scholar explains why striking down Trump's IEEPA tariffs is vital to protecting the separation of powers.
The 'Big Beautiful Bill' Will Add $2.4 Trillion to the Deficit
That total will rise to about $3 trillion once the interest costs of more borrowing are included.
Belated Republican Objections to the One Big Beautiful Bill Glide Over Its Blatant Fiscal Irresponsibility
House members who discovered objectionable elements only after voting for the package nevertheless underline the unseemly haste of the legislative process.
New Ruling Moves Oregon Closer to Legal In-Home Psilocybin Use
Plaintiffs’ argument that access to in-home psilocybin services for those with disabilities is required under the ADA survives motion to dismiss.
Trump's Haste Begets Lawlessness
The president treats legal constraints as inconveniences that can be overridden by executive fiat.
It's Rand Paul and Elon Musk vs. Donald Trump Over the 'Big Beautiful Bill'
Paul said he refuses to support "maintaining Biden spending levels," and Musk said the Trump-backed tax bill is "a disgusting abomination."
Female Nude Spa in Washington Can't Bar Transgender Clients With Male Genitalia, Federal Court Rules
Olympus Spa had sued on First Amendment grounds.
Elizabeth Warren and Jim Banks Attack Nvidia for Expanding Its Chinese Facility
Complying with export regulations should build trust between Nvidia and Congress, not erode it.
The Taliban Banned Chess
Since retaking power, the Taliban has banned certain music, barred women from parks, and now outlawed chess. Authoritarians don’t just crush dissent—they criminalize joy.
Washington Post Article Stresses the Library of Congress's Name, but Largely Ignores Judicial Precedent …
that treats the Library of Congress as an Executive Branch department as to Presidential removal of the Librarian.
Our Fifth Circuit Alien Enemies Act Amicus Brief
The brief was filed on behalf of the Brennan Center, the Cato Institute, law-of-war scholar Prof. John Dehn, and myself.
Trump's Attack on the Federalist Society Is a Bad Omen for Originalism
The MAGA loyalty that Trump demands is anathema to everything that originalism is supposed to be about.
Is the American Bar Association's Accreditation Monopoly about to End?
My latest Civitas Outlook column looks at the growing pressure on the ABA's role in law school accreditation.
