DOJ Claim That Trump Could 'Bulldoze' Statue of Liberty Fits a Pattern
It's the latest example of Justice Department attorneys claiming broad and unreviewable powers for the president.
Law & Government
Federal Court Invalidates Trump's $100,000 H-1B Visa Fee as Illegal Usurpation of Congress' Power to Tax
The ruling relies in part on the Supreme Court's decision in the tariff case.
Penis Measurements Cannot Justify a Sex Offender's Indefinite Detention, South Carolina's Top Court Says
The court unanimously ruled that penile plethysmography is unreliable and inadmissible as evidence of recidivism risk.
Bill Introduced in Congress To Codify the First Amendment Right To Film the Feds and Sue for Violations
Civil liberties groups say recording the police is core First Amendment activity. The Right to Record Act of 2026 would create a right to sue federal officers who violate it.
Stephen Miller and Pete Hegseth Are Wildly Misleading About Section 702 Warrantless Surveillance
Miller says it is "madness" to expect law enforcement to get a warrant before spying on Americans' electronic communications.
The Pentagon's New War - Canceling American Religion and American History
A guest post by Prof. Paul Finkelman.
In Lawsuit Over Construction Raids, DHS Official Testifies ICE Agents Can't Trust REAL IDs
A Homeland Security official's testimony that ICE agents couldn't rely on REAL IDs as proof of citizenship led a federal judge to reply, "Help me understand how that makes sense."
The Best Way To Keep Data Centers From Driving Up Electricity Costs
Don't impose a moratorium. Produce more energy.
The 'Living Wage' Attack on Jobs and Prosperity
Rep. Ro Khanna's minimum wage proposal promises prosperity but would likely price many low-skilled workers out of the labor market.
Gordon-Darby Prepares to Renew Effort to Commandeer New Hampshire in Order to Maintain Emissions Testing Contract
Since it lost its first case on technical procedural grounds, the company plans to try again.
Is the Endangered Species Act Being Used to Commandeer State Governments?
A webinar discussion of whether we are seeing conservation commandeering.
Instacart Is Suing New York City Over Its $22.13 Minimum Wage for Delivery Drivers
The economic fallout of the law has been significant. Is it even legal?
This Attempt by the Trump Administration To Cripple Legal Immigration Is Illegal, Judge Rules
The government had imposed an indefinite pause on adjudicating asylum petitions and applications for green cards, work permits, and citizenship for legal immigrants from certain countries.
Even If Trump's Ballroom Project Is Illegal, a DOJ Lawyer Says, the Courts Cannot Stop It
The D.C. Circuit is reviewing an injunction issued by a judge who said "no statute comes close to giving the President the authority he claims to have."
Data Center Wars: North Carolina Resists Innovation While Texas Considers Market-Based Rules
As data centers dominate public debate, two states reveal their approach. Texas has taken a stance in line with market needs, while North Carolina reacts to fear and bad press.
Youth Climate Plaintiffs Challenge Endangerment Repeal on Religious Liberty Grounds
Constitutional climate litigation seems to know no bounds.
California Conservatives Champion 'Local Control' Until They Dislike the Results
Conservatives want local control over housing policy, but they're happy to let the state restrict when local governments can raise taxes.
Todd Blanche Hates 'Weaponization' of Government Unless It Benefits His Boss
Blanche is happy to pervert justice in service of the president's personal agenda. No wonder Trump wants to keep him as attorney general.
After 40 Years, No One Has Produced a Workable Single-Payer Health Care Plan
Vermont passed single-payer legislation in 2011 and abandoned the plan after three years of failure. Why?
Lawsuit Says a Memphis Police Task Force Waged a Harassment Campaign Against People Who Filmed Them
The American Civil Liberties Union is asking a judge to block the Memphis Safe Task Force from retaliating against anyone who exercises their First Amendment right to record the police.
Will the Supreme Court Review Judge Newman's Stealth Impeachment?
The Court should grant cert on the important separation of powers issue raised by her long-running, allegedly "temporary suspension" from case assignments.
Trump's Dubious New Section 301 Tariffs
They appear to be yet another illegal power grab, one that should be challenged in court.
Ninth Circuit Affirms Dismissal of Lighthiser v. Trump Kids' Climate Suit
Yet another federal court opinion dismissing constitutional climate change claims.
As Rubio Declares Iran War 'Over,' Lawmakers Prepare War Powers Vote
Rubio offered more information than the president, but the hearings still offered little clarity on the war.
Trump's Immunity Deal Stinks Even More Than His Blatantly Corrupt 'Anti-Weaponization Fund'
An addendum to the president's "settlement" of his lawsuit against the IRS shields him and his family from liability for any federal offenses they committed prior to May 19.
This Social Worker Wants To Help Kids With Special Needs. Louisiana Won't Let Her.
The state requires that people prove certain businesses are needed. How to do that is another question entirely.
Do You Trust the Government to Control AI?
Donald Trump wants to give it a little more control. Bernie Sanders wants to give it a lot.
Was Lincoln More Radical Than We Remember?
Damon Root discusses the path to emancipation, the struggle to secure freedom after the Civil War, and the constitutional changes that remade America.
Trump's Self-Promotion Is Always Shameless and Sometimes Illegal
The president tramples the rule of law in his rush to glorify himself.
Trump Is Reportedly Reconsidering His Politically and Legally Contentious 'Anti-Weaponization Fund'
The Justice Department signals a retreat from defending the blatantly corrupt scheme, which provoked vigorous objections from Republican lawmakers.
The Protect College Sports Act Trades NCAA Chaos for Federal Overreach
Everything in the bipartisan bill to “save” the NCAA, how the law would work, and whether it can pass Congress
How To Sell a War
Presidents use a web of private influence to garner support for foreign invasions.
Thomas and Alito Shortchange the Bill of Rights in Another Criminal Justice Case
Plus: a few words about my new book
Trump Broke the Law When He Slapped His Name on the Kennedy Center, a Federal Judge Says
The decision is a modest but welcome victory for the rule of law.
Trump's Corrupt 'Settlement' With the IRS Hits Two Judicial Roadblocks
One order temporarily blocks money for the president's "Anti-Weaponization Fund." The other asks whether the agreement is a fraudulent "product of collusion."
Henry Clay's Deal That Was No Deal: How the Compromise of 1850 Deepened the Slavery Crisis
The Compromise of 1850 was really no compromise at all.
Forum on "Emerging Applications of the Congressional Review Act"
A discussion on the legal background and implications of using the Congressional Review Act to rescind the waiver of California vehicle standards.
Trump Administration Will Appeal Ruling Requiring Tariff Refunds
They claim the injunction requiring refunds cannot be universal, and can only apply to those businesses who filed lawsuits seeking recovery.
Libel Suit by "King of Vape" Against N.Y. Post, Over Allegations of Misconduct and Anti-Israel Actions, Thrown Out
"Plaintiff's allegations in [an earlier] complaint let the cat out of the bag that he is a public figure. He cannot put the cat back into the bag in the hope of keeping his case alive."
Elon Did DOGE. Now Mamdani Is Trying COGE.
Mayor Zohran Mamdani’s COGE sounds like DOGE, but New Yorkers should not expect the mayor to shrink the city’s bureaucracy.
Republicans Shrug at Trump's Outrageous Corruption
Any self-styled advocate for limited government should be furious about Trump's $1.8 billion slush fund, but few Republicans are willing to denounce it.
California Judge "Cited and Relied on a Fictitious Case" Submitted by Lawyer, Even Though …
opposing counsel had "directly and swiftly pointed the errors out to the trial court."
