Judge Rules in Favor of New Hampshire Bakery in Fight Over Donut Mural
Conway, New Hampshire's attempt to force a local bakery to take down the mural "does not withstand any level of constitutional scrutiny," a judge ruled this week.
Law & Government
Serious Immigration Law Enforcement Means Serious Destruction to American Liberty
Stephen Miller's trial balloon about abrogating habeas corpus in immigration cases shows how any libertarian with pragmatic intelligence should reject so-called "libertarian" arguments for strict immigration laws.
Trump Says Birthright Citizenship Is Only 'About the Babies of Slaves.' Historical Evidence Says Otherwise.
The 1866 debate over birthright citizenship included a debate over immigration.
Fourth Circuit Rules Against Trump Administration in Alien Enemies Act Case
In a 2-1 ruling, the Court ruled Trump's invocation of the Alien Enemies Act cannot supersede a settlement barring deportation of a group of migrants. One judge also held the AEA was invoked illegally.
The GOP Budget Is Big, Bloated, B.S.
Plus: A listener asks if the economic inequality data is bad.
At a Missouri Prison, Inmates Fear for Their Lives in Sweltering Cells
Without air conditioning, inmates are "literally trapped in a burning hot cell," according to a new lawsuit.
Not Even the Moody's Downgrade Can Make Republicans Take the National Debt Seriously
Friday's announcement by Moody's and the House Budget Committee vote could have been a turning point.
Supreme Court Allows DHS to Suspend Temporary Protected Status for Venezuelans
The latest SCOTUS order shows the justices are taking a more nuanced approach to district court injunctions of Trump Administration policies than its critics, left or right.
Federal Court Scraps Rule That Gagged Tennessee Civil Rights Attorney From Criticizing a Private Prison
For nearly three years, Daniel Horwitz faced contempt of court for talking about a private prison that was one of his most frequent courtroom opponents.
Lee Kovarsky, D. Theodore Rave, and Steve Vladeck on Class Actions and the Alien Enemies Act Litigation
Kovarsky and Rave defend the use of class actions in AEA habeas cases. Vladeck highlights the significance of the Supreme Court's grant of an injunction to a "putative class" of AEA detainees.
Texas Could Blow Its Shot at Leading the AI Revolution
A bad bill inspired by European tech panic threatened to drive out Tesla, Meta, and Nvidia. Lawmakers in the House improved it—but now the bill is stalled in the Senate.
When the U.S. Military Gave People Radiation Poisoning
"We did a lot of field studies and got nothing to show for it," said one U.S. Naval Radiological Defense Laboratory researcher.
Supreme Court Enjoins Summary Removal of Alleged Tren de Aragua Members under Alien Enemies Act
A majority of the justices seem unconvinced the Administration was prepared to provide the process that was due. Justices Alito and Thomas dissent.
New Montana Law Blocks the State From Buying Private Data To Skirt the Fourth Amendment
The Big Sky State becomes the first to close the "data broker loophole" allowing the government to get private information without a warrant.
Can the EPA Finesse the Greenhouse Gas Endangerment Finding?
The agency may be able to adopt a bank-shot strategy to preclude most (but not all) greenhouse gas regulation under the Clean Air Act without contesting basic climate science.
What Happens to Your Kids if We Abolish the Department of Education?
The Department of Education doesn’t handle teaching, set curricula, or pay teacher salaries.
Andor Is a Star Wars Show About the Brutality of Bureaucracy
Tony Gilroy's series reminds us that an empire doesn't need dark magic to be evil.
Trump's Plan to 'Unleash' Police Risks More Abuses of Everyone's Rights
President Donald Trump's executive order empowering local cops will create bad incentives that could prove costly for law-abiding citizens.
Trump and Congress Target 'Efficiency' Rules That Hobble Home Appliances
Make dishwashers great again.
Seemingly Nonexistent Citation in Anthropic Expert's Declaration [UPDATE: Apparently Caused by Lawyer's Misuse of Claude to Format Citations]
UPDATE 5/15/2025 (post moved up): Anthropic's lawyers filed a declaration stating that the error was not the expert's, but stemmed from the (unwise) use of Claude AI to format citations.
My New Lawfare Article "Trump's 'Emergencies' Are Pretexts for Undermining the Constitution"
The article explains why these claims to emergency powers are illegal and dangerous, and how to stop them.
Roberts' Rules for Defending Judicial Independence and the Rule of Law
The Chief Justice is more consistent than his critics, left and right.
The South Stole Your Job
Plus: Tulsi does Trump's bidding, a new front opens in New York's war on weed, and more...
Trump (Partially) Wins an Alien Enemies Act Case
In a badly flawed decision, a federal district court ruled that Trump can invoke the AEA because the Tren de Aragua drug gang's activities amount to a "predatory incursion."
Republican Reconciliation Package Will Lead to $3 Trillion Annual Deficits
A new analysis from the Committee for a Responsible Federal Budget estimates that the national debt will equal nearly 130 percent of GDP by 2034.
Gavin Newsom Wants To Make the Country's Most Expensive Gas Even More Expensive
All to shovel more money at wasteful and ineffective programs.
Trump's Case Against Birthright Citizenship Is a Constitutional Loser
The text and history of the Fourteenth Amendment run counter to Trump’s executive order.
The Court-Ordered Takeover of Rikers Shows the Crisis in American Prisons and Jails
A federal judge finally acknowledged that New York City won't fix the constitutional crisis at Rikers on its own, but the problem goes far beyond New York City.
New Republic Podcast Interview on Our Case Against Trump's "Liberation Day" Tariffs [Updated With Embedded Audio]
Greg Sargent of the New Republic interviewed me.
Trump's 'Deal' With China Leaves American Consumers and Exporters Facing Higher Tariffs Than Before
The White House calls it "the art of the deal," but a 30 percent tariff on imports from China is economically damaging and constitutionally dubious.
The Federal Government's 175,000 Pages of Regulations Turn the Rule of Law Into a Cruel Joke
Trump rightly decries the "absurd and unjust" consequences of proliferating regulatory crimes.
Thoughts on Today's Oral Argument in Our Case Against Trump's IEEPA Tariffs
Outcomes are hard to predict. But the judges seemed skeptical of the government's claim that Trump has virtually unlimited authority to impose tariffs.
Since Immigration Is an 'Invasion,' a Top Trump Adviser Says, the President Might Suspend Habeas Corpus
Stephen Miller's understanding of the Constitution is dubious for several reasons.
Trump Called Price Controls 'Communist.' Now He's Ordering Them for Prescription Drugs.
The president hopes to introduce even more government intervention into health care.
AI Hallucination in Filings Involving 14th-Largest U.S. Law Firm Lead to $31K in Sanctions
The judge finds "a collective debacle"—possibly caused, I think, by two firms working together and the communications problems this can cause—though "conclude[s] that additional financial or disciplinary sanctions against the individual attorneys are not warranted."
Amy Coney Barrett's "Suspension and Delegation" Revisited
One of the justices wrote extensively about when and whether the writ of habeas corpus may be suspended.
Defenders of Trump's Birthright Citizenship Order Offer an Implausible Take on a 127-Year-Old Precedent
Briefs urging the Supreme Court to stay injunctions against the order challenge "the conventional wisdom" about the meaning of an 1898 decision interpreting the 14th Amendment.
Why DOGE Failed
Elon Musk promised $2 trillion in cuts but delivered only a tiny portion of that total. We asked seven policy experts to explain what he got wrong.
Republicans Want To Redefine Obscenity
A new bill would ban sharing visual content that might "arouse" or "titillate."
