How 9/11 Remade American Immigration
Twenty-five years after the attacks, control and distrust rule the institutions that process foreigners who travel or immigrate to the United States.
Law & Government
Politicians See Opportunity in Data Center Panic
The panic is pretty silly, since these facilities are necessary to power industries that power our economy and fund state budgets.
First Circuit Refuses to Stay District Court Injunction Against Trump's Executive Order on Mail-In Voting
The Court rightly ruled the executive branch has no authority to restrict mail-in voting.
Critics of AR-15 Bans Urge SCOTUS To Reject the 7th Circuit's Distinction Between Civilian and Military Arms
Given the Second Amendment's history, several briefs argue, a gun's suitability for militia service suggests Americans have a right to possess it.
Some Bribes, as a Treat
Plus: Data center backlash, Anthropic job-loss predictions, and more...
Court Packing Is a Bad Idea. But It's Still Constitutional.
Unwise policies are not always unlawful policies.
Our New Federal Circuit Amicus Brief in the Section 122 Tariff Case
The brief explains why the Section 122 tariffs are illegal and run afoul of the major questions and nondelegation doctrines.
Appeals Court Grants Immunity to Texas Cops Who Held Handcuffed Woman Face Down in a Fire Ant Hill
The Fifth Circuit Court of Appeals ruled that Taylor Rogers didn't show that it was clearly established that it was excessive force to be held down on a pile of fire ants while handcuffed.
Kyrsten Sinema Headed to Home-Wrecker Court After Judge Says Texts to Married Lover Could Leave Her Liable
"Alienation of affection" actions like the one Sinema is facing undermine the idea that adults have agency in their romantic and sexual choices.
Trump's Executive Order on Mail-in Ballots is an Assault on Federalism and Separation of Powers
It seeks to usurp state and congressional power over election administration.
A SCOTUS Petition Argues That the Second Amendment Requires Carry-Permit Reciprocity
Meanwhile, the top court of Massachusetts considers whether the state can deny carry permits to applicants who are deemed "unsuitable."
Can Ohio Tolerate Ramaswamy's Religious Toleration?
In November, we will learn whether Buckeye Republicans have been sufficiently persuaded by a more tolerant vision of the fusion of faith and freedom.
Trump Loses Two More Sanctuary City Cases - And Picks up A Rare Win
The unusual victory arises from a connection to the Contracts Clause.
Professor Investigated for Mocking a University 'Land Acknowledgment' Gets a $600,000 Settlement
The agreement follows a 9th Circuit ruling that the University of Washington violated Stuart Reges' First Amendment rights by treating his dissent as intolerable "disruption."
Will the Supreme Court Hear the 'Case About Swinging Dicks'?
Olympus Spa—an all-female, nude establishment in Washington state—sued after the government said it had broken the law by refusing to accept a preoperative transgender woman. But the case is more complicated than it looks.
Do You Have the Right To Possess an AR-15? The Supreme Court Will Soon Decide.
The Supreme Court has agreed to hear a pair of cases involving rifle restrictions imposed by Connecticut and Cook County, Illinois.
N.C. Court Has Jurisdiction over Alienation of Affection Claim Brought Against Ex-Arizona-Senator Kyrsten Sinema
This tort, which lets people sue their spouses' lovers for interfering with the marriage, is litigated in about 150 new cases per year in North Carolina.
Texas Terrorism Law Chills Speech for Muslim Group
By labeling this group a terrorist organization, the state is chilling more than Muslims' freedom of expression.
The Right to Trial is Vanishing. Could Bolder Juries Save It?
A new campaign by the Cato Institute aims to educate jurors on their right to vote their conscience against unjust laws and sentences.
The Lindsay Clancy Jury Was Tasked With an Impossible Question
In the court of public opinion, there is little room for ambiguity here. But those who watched the trial know that reality is far less satisfying.
DOJ Says Barring AI Training on Copyrighted Material Could 'Severely Hamper' Tech Progress
Training a model on copyrighted work is the same transformative use exception that protects The New York Times' journalism.
Trump Is Expanding Executive Power. Democrats Are Already Eyeing the New Tools.
Some Democrats are licking their chops over other economic powers that Trump has claimed for the presidency.
"Incredulity" That "Competent Law Firm Representing One of the Largest Financial Institution[s] in the World" Filed Brief with AI Hallucinations
D.C.’s highest court strikes Deutsche Bank’s appellate brief as a sanction.
This U.S. Citizen Is Suing ICE for Arresting Him 3 Times. His Lawsuit Is Moving Forward.
Despite carrying a REAL ID, Leo Garcia Venegas has been repeatedly detained by immigration agents. Now he’s suing to block immigration raids targeting Latinos on private construction sites.
Congress Is Trying (Again) To Ban Boycotting Israel
The bipartisan bill, which passed the House, takes aim at university boycotts of any “major strategic partner.”
John Roberts Overruled Trump's Tariffs. But He Can't Seem To Stop Trump's Ballroom.
The chief justice finds himself in dissent in his latest showdown with the president.
Virginia Mom Gets 6-Month Suspended Jail Sentence for Letting 5-Year-Old Walk to the Pond
The government also placed Karyann Parkinson on its child abuse and neglect registry, where she will remain for seven years.
Trump's White House Ballroom Is a Monument to His Lawlessness
By unilaterally razing and replacing the East Wing, the president again shows his disregard for the rule of law and the separation of powers.
Foreign Regulators Are Trying To Censor Americans Online. A Bill Would Ensure Those Demands Are Unenforceable.
The proposed GRANITE Act looks to shield U.S. companies from foreign censorship orders.
Supreme Court Allows White House Ballroom Construction to Go Forward, at Least for Now
The majority didn't decide whether the construction violated federal law, only that plaintiffs' purely aesthetic interests didn't allow them to assert a federal claim.
The 8th Circuit Lets the Government Retroactively Repair Unconstitutional Gun Cases Against Pot Smokers
A SCOTUS petition argues that the practice, which allows a judicial finding of dangerousness based on a preponderance of the evidence, violates the Fifth Amendment.
A Liberal Think Tank and an Air Force Major Are Trump's Latest Targets for Speech Policing
Trump threatened the Center for American Progress with a defamation lawsuit, while Jason Watson faces a court martial for offending the president.
Anthropic Win Reaffirms Private Sector's Right To Put Conditions on Government Dealings
Trump administration officials didn’t try to hide that they were punishing the company for its views.
The Belated Backlash Against Flock Cameras
Americans are starting to recognize the dangers of pervasive surveillance by automated license plate readers.
Lawmakers Want To Stop Kids From Nicknaming Their Pokémon
The Safer GAMING Act would silence minors in every online game by default—and violate the First Amendment.
Elon Musk's X Loses First Amendment Challenge to New York's 'Stop Hiding Hate Act'
Musk's X Corp., along with other social media companies operating in the state, must disclose whether and how it defines hate speech and disinformation.
Democrats Are Undoing California's Pension Reforms. Why Are Republicans Going Along With It?
Pension changes passed in 2011 have saved California taxpayers from a fiscal crisis, but public sector unions are now pushing to undo them.
Ron DeSantis Says Flock Cameras Are 'Out of Control,' But Florida's Already Flooded With Surveillance
Florida police departments have been adding drones, facial recognition technology, and license plate readers to their arsenals for years.
The National Debt Has Crossed $40 Trillion. Both Parties Are Responsible.
And both are hiding behind a lie of omission.
Is Alito Making the Same Mistake as Ginsburg by Refusing To Retire?
The conservative justice is sticking around on the Supreme Court. Will conservatives come to regret it?
