Conservative 'Judicial Activists' vs. ICE
Why a conservative judge’s “patience is at an end” over Trump’s immigration crackdown.
Law & Government
Trump Says States Are Required To Enforce Federal Immigration Laws. He's Wrong.
"The Framers...designed a system in which the State and Federal Governments would exercise concurrent authority over the people," wrote Justice Antonin Scalia.
More Historical Evidence Showing that the Public Use Clause of the Fifth Amendment Does Not Allow Takings that Transfer Property to Private Parties
Harvard law Prof. Maureen Brady uncovers relevant evidence from late-nineteenth century state constitutional conventions.
Trump Issues Order Cracking Down on Corporate Homeownership
The president's order is not the comprehensive ban on large investor–owned housing that he promised. But it could still have a chilling effect on the single-family rental market.
Tom Homan Isn't the Solution
Homan is a bully with little regard for rights or the rule of law. And the problems with Trump's immigration tactics point back to the White House itself.
The Feds Who Killed Alex Pretti Are Heavily Shielded From Being Sued. Blame the Supreme Court for That.
It is nearly impossible to sue a rights-violating federal agent under current caselaw.
Democrats Plan To Block DHS Funding After Minnesota Killing. Republicans Should Join Them.
Senators should demand accountability for federal agents who hurt Americans—and demand the removal of DHS Secretary Kristi Noem and Border Patrol Commander Gregory Bovino.
Landmark Social Media Addiction Trial Starts Today in California
In the first social media addiction case to reach a jury, K.G.M. claims TikTok, YouTube, and other platforms are responsible for her depression, anxiety, and poor self esteem.
Is the Fourth the New Ninth? - 2026 Update
Another summary reversal of a Fourth Circuit AEDPA decision.
Congress Is Aiming To Avoid Another Shutdown by Spending More on Almost Everything
The bill includes $1 million for new elevators at New York City's Metropolitan Opera, among other wasteful earmarks.
ICE Turns Lawyers Away at Minneapolis Detention Facility
As arrests surge under “Operation Metro Surge,” attorneys say the Trump administration is again denying detainees meaningful access to counsel.
Religious Employment and Title VII: Part 4—Avoiding Serious Constitutional Problems
Rejecting a textualist reading of Section 702 in favor of a cramped co-religionist privilege would raise serious First Amendment objections.
Brett Kavanaugh Says Trump Threatens Federal Reserve Independence
Trump’s legal arguments “would weaken, if not shatter, the independence of the Federal Reserve,” the justice said.
A Trump-Appointed Federal Judge Orders Lindsey Halligan To Stop 'Masquerading' As a U.S. Attorney
The lawyer, who delivered the grudge-driven indictments that the president demanded, refused to relinquish her job after another judge ruled that her appointment was illegal.
Border Patrol Seized Her $40,000—Without Charging Her With a Crime
"We created a monster," says Brad Cates, who helped write civil forfeiture laws as director of the Justice Department's Asset Forfeiture office.
Mike Johnson Says He Has 'No Intention' of Letting Congress Vote on Trump's Tariffs
A House rule prohibiting tariff resolutions from coming to the floor will expire at the end of the month and is unlikely to be renewed.
"Defense Counsel Estimated That 90% of the Citations He Used Were Accurate,"
"which, even if it were true, is simply unacceptable by any measure of candor to any court."
Religious Employment and Title VII: Part 3—Resolving an Enduring Circuit Split
A textualist reading of the Title VII religious employer exemption resolves a long-running circuit split.
California's 'Billionaire Tax' Could Bite Harder Than Advertised
The proposed tax is already driving people and businesses to flee the state.
The Insurrection Act, Which Trump Keeps Threatening To Invoke, Is Alarmingly Vague and Broad
The antiquated statute arguably allows the president to deploy the military in response to nearly any form of domestic disorder.
Religious Employment and Title VII: Part 2—Reading the Exemption Textually
A textualist interpretation of Section 702 shows that the exemption applies when a religious employer confines employment to people who fit the employer's religious observances, practices, and beliefs.
Religious Employment and Title VII: Part 1—Civil Rights Law and the Tensions between Liberty and Equality
Understanding Title VII as a law designed to advance both liberty and equality helps to illuminate the statute's religious employer exemption.
Trump's 'Great Healthcare Plan' Has Promise but Should Add More Freedom for Americans
Empowering patients is good. Let’s give them a lot more choice and independence.
This 1996 Law Protects Free Speech Online. Does It Apply to AI Too?
Excluding generative AI from Section 230 could stymie innovation and cut off consumers from useful tools.
How the FCC Became the Speech Police
The constitutionally anomalous status of broadcasting invites government meddling.
How to Abolish ICE
Recent events in Minnesota bolster the already strong case for abolishing ICE - and for the plan of doing so by transferring its funds to ordinary state and local police.
Why Can't New York Get Rid of 2-Person Subway Crews?
Gov. Kathy Hochul vetoed a bill mandating two-person subway crews, but union contracts and bipartisan support ensure New Yorkers will keep paying for them anyway.
Trump's Push To Restore 'Truth and Sanity in American History' Tests Nonpartisan Institutions
Politically-motivated firings and increased executive branch scrutiny set “a dangerous precedent,” warns a former archivist of the United States.
When Is a Corporation Also New Jersey?
A few thoughts on the oral argument in Galette v. N.J. Transit Corp.
'We Cannot Be Afraid To Do Something Because the Left Might Do It in the Future'
Vice President J.D. Vance on the nature of power
Trump's Unconstitutional Plan to Withhold all Federal Funding From Sanctuary Cities and States
The plan violates multiple constituitonal provisions and goes against Supreme Court precedent. If somehow allowed to stand, it would gravely imperil federalism and the separation of powers.
Can We Save American History From Partisan Politics?
Former U.S. Archivist Colleen Shogan discusses the importance of preserving presidential records and the challenge of maintaining public trust in an era of partisan conflict.
No, ICE Agents Do Not Have 'Absolute Immunity' From State Prosecution
How J.D. Vance misstated the law.
Trump's War on Interest Rates
No one likes high interest rates on credit cards and loans, but artificially lowering interest rates via executive power is not a solution.
Justice Barrett, Trump v. Slaughter, and Presidential Removal Power from 1989 to 2009
Presidential non-acquiescence in Humphrey's Executor from 1989 to 2009.
'Pregnant? Don't Want To Be?' Ads at South Dakota Gas Stations Spark First Amendment Battle
Mayday.Health ads that direct people to an informational website about abortion access are deceptive advertising and must be banned, the state argues. That’s unconstitutional, counters Mayday.
Data Centers Use Lots of Electricity. This Bill Would Let Them Go Off the Grid.
The DATA Act, introduced by Sen. Tom Cotton, would exempt electrical utilities from federal regulation if they don't touch the electrical grid.
Google Missed Key Deadline in Suit Alleging Google's AI Libeled Business, Court Holds
A federal district court rules that the case should go back to Minnesota state court, rather than being in federal court.
Justice Barrett, Trump v. Slaughter, and Presidential Removal Power from 1969 to 1989
Humphrey's Executor from 1969 to 1989.
The Trump Administration's Deportation Reels Keep Getting Copyright Strikes for Using Music Without Permission
Without any real consequences for copyright infringements, the Department of Homeland Security doesn't have much incentive to follow the law.
Justice Barrett, Trump v. Slaughter, and Presidential Removal Power from 1945 to 1969
Almost every president since 1945 has refused to accept Humphrey's Executor as having been correctly decided.
