Michael McConnell and Neal Katyal Join Our Tariff Litigation Team
They are prominent legal scholars and Supreme Court litigators from opposite sides of the political spectrum.
Law & Government
"To Certify This Class …, the Court Must Find That the Named Plaintiffs Have Retained Competent Counsel to Represent the Class"
And the court declines to so find when the proposed class counsel filed a brief containing "a wholesale fabrication of quotations and a holding on a material issue" (presumably stemming from using AI and not adequately checking its output).
Don't Blame 23andMe for the Federal Government's Lack of Clear Data Privacy Rules
A lawsuit against the genomics company "imposes top-down restrictions" rather than "establishing clear rules" or "letting companies equip individuals with better tools to manage their privacy," says one expert.
Stealing the Farm
Plus: housing reform is killed in Connecticut, bonus ADUs are gutted in San Diego, and two decades of Supreme Court-enabled eminent domain abuse.
Why Do Republicans Support the Low-Income Housing Tax Credit?
Publicly funded homes in some cities are costing taxpayers more than $1 million per unit, but Trump’s “big, beautiful bill” would increase funding for these inefficient projects.
The Senate Is One Step Closer To Passing a 10-Year Moratorium on State AI Regulation
The Senate parliamentarian says the 10-year AI moratorium may be passed by a simple majority through the Senate's budget reconciliation process.
Appeals Court Blocks Louisiana Ten Commandments in Classrooms Law
"If H.B. 71 goes into effect, Students will be subjected to unwelcome displays of the Ten Commandments for the entirety of their public school education. There is no opt-out option," the court's opinion reads.
Trump's Unconstitutional Act of War
Plus: A criminal justice case that managed to unite Alito and Gorsuch.
Senate Parliamentarian Rejects Dangerous Provision of "Big Beautiful Bill" that Undermines Judicial Protection for Constitutional Rights
The parliamentarian ruled it cannot be enacted as part of a reconciliation bill not subject to the filibuster.
Negating Democratic Consent
How the Colorado Supreme Court has nullified Colorado constitutional limits on taxes, debt, and corporate privilege.
North Carolina Lawmakers Are Trying To Kill the State's Booming Shrimp Industry
For some restaurants in the state, local shrimp sales account for 90 percent of their revenue.
The 20th Anniversary of Kelo v. City of New London
On this anniversary, I have posted two new articles related to one of the Supreme Court's most controversial decisions.
Trump's Iran Air Strikes and the Constitution
The strikes violate both the Constitution and the 1973 War Powers Act. Whether they are good policy is a more difficult question. This could turn out to be a rare instance where one of Trump's illegal actions has beneficial results.
The Attack on Iran Is Unlawful
Trump's attack on Iran plainly violates the War Powers Act. Limits on executive power are most important when they are inconvenient.
Conservative and Libertarian Public Interest Group Letter Opposing "Big Beautiful Bill" Provision that Undermines Access to Justice [Updated]
The provision requires litigants seeking preliminary injunctions against illegal government actions to post potentially enormous bonds.
The Federal Government Owns Too Much Land. Selling It Helps Rural Communities.
Why Sen. Mike Lee's plan to sell public land doesn't go far enough
A Judge's Order Freeing Mahmoud Khalil Is Yet Another Loss for the Trump Administration's Immigration Agenda
A federal judge didn't buy the Trump administration's claims about why it was keeping Khalil in an federal immigration detention center.
War With Iran Could Create Millions of Refugees
Iranians are already beginning to flee to neighboring countries.
The 9th Circuit Rejects Trump's Audacious Claim That He Can Use the National Guard However He Likes
Although the appeals court said the president probably complied with the law he invoked to justify his California deployment, it emphasized that such decisions are subject to judicial review.
Federal Court Rules Against Trump Plan to Condition Federal Transportation Grants to States on Cooperation with Federal Deportation Efforts
The ruling is the latest in a long line of court decisions striking down executive efforts to attach conditions to federal grants that were not approved by Congress.
ICE Insists That Congress Needs Its Permission To Conduct Oversight
But that's not what the law says.
We're 8 Years Away From an Automatic 23 Percent Cut in Social Security Payouts
Social Security’s board of trustees expects the program to be insolvent in eight years.
Why MAGA Turned on Amy Coney Barrett
Plus: The Supreme Court upholds a state ban on transgender care for minors.
Utah Passed a Religious Freedom Law. Then Cops Went After This Psychedelic Church.
A religious group using psilocybin mushrooms in ceremonies "put the State of Utah's commitment to religious freedom to the test," a federal judge wrote.
This Court Case Could Normalize Vibes-Based Regulation
A Biden-era rule mandates two-person freight crews. But the government admits it lacks evidence that is necessary—and is instead relying on "common sense."
SCOTUS Upholds Tennessee Law Banning Medical Transition for Transgender Kids
With the culture war blazing, not even the Supreme Court could agree on the medical facts of the case.
Trump Argues That He Can Take Over a State's National Guard Whenever He Feels Like It
The government's lawyer told a 9th Circuit panel the president's deployments are "unreviewable," so he need not even pretend to comply with the statute on which he is relying.
Supreme Court Rejects Constitutional Challenge to State Limits on Sex Transition Treatments for Minors
The Court's majority avoids the larger question of whether laws targeting transgender individuals should be subject to heightened scrutiny, but Justice Barrett did not.
The 'Big Beautiful Bill' Will Require Even More Borrowing Than Previously Thought
After accounting for the dynamic effects of the Trump-backed tax bill, the CBO concludes it will add $2.8 trillion to the deficit over 10 years.
The Government Seized Her Home for a Project That Never Happened
Twenty years after Susette Kelo lost at the Supreme Court, the land where her house once stood is still an empty lot.
What Have We Learned about Justice Barrett? (Updated)
Perceptions of Amy Coney Barrett may have changed more than her jurisprudence or voting record.
Lab-Grown Salmon Gets FDA Approval
States keep banning lab-grown meat. Entrepreneurs keep innovating anyway.
Fighting Antisemitism Should Not Come at the Expense of the First Amendment
The Antisemitism Awareness Act threatens the First Amendment by empowering federal bureaucrats to police political and religious expression.
Don't Let Rights-Violating Federal Agents Dodge Accountability
Plus: The Texas Chain Saw Massacre on wax.
If Brendan Carr Cares About Free Speech, He Should Make These Changes at the FCC
Now is the perfect time for the FCC to change its precedent to comply with the First Amendment.
Whether or Not Trump Invokes It, the Insurrection Act Is Antiquated and Dangerously Broad
On its face, the law gives the president sweeping authority to deploy the military in response to domestic disorder.
Josh Hawley Wants To Raise the Minimum Wage
It’s not the only way the Republican senator is closer to democratic socialism than to traditional conservatism.
New Real Estate Regulations in Massachusetts Shrink Homebuyers' Negotiating Power
A new state law will make it harder to waive inspections.
Trump's Immigrant Removals Aren't Technically Deportations. So What Are They?
Deportation means expelling an alien back to their home country for violating immigration law. Many of the Trump administration's actions don't meet that definition.
