Trump's 'Giant Win' Does Not Validate His Unconstitutional Birthright Citizenship Order
Tellingly, the president avoided defending his dubious interpretation of the 14th Amendment at the Supreme Court.
Law & Government
Trump Says the Courts Have No Business Questioning His Dubious Definition of 'Alien Enemies'
The U.S. Court of Appeals for the 5th Circuit is considering whether the president properly invoked the Alien Enemies Act to deport alleged gang members.
California Enacts Sweeping Exemption to Development-Killing Environmental Law
Plus: Real rent decreases in New York City, the return of missing middle housing in Virginia, and how everyone's a socialist on housing in New York.
Senate Votes 99–1 To Remove AI Moratorium from 'Big, Beautiful Bill'
Now nearly 100 state AI laws will remain in force—and nearly 1,000 more are already waiting in the wings.
Why the 'Current Policy' Baseline Is a Massive Gimmick That Effectively Kills the Filibuster
Republicans are creating a budgetary loophole that will allow Democrats to pass Medicare for All and pretend it costs almost nothing.
New Jersey Towns Face Setback in Lawsuit Against State's Affordable Housing Mandate
Despite this setback, a coalition of municipalities is challenging the state’s housing program in federal court.
Why the NFLPA Kept Damning Collusion Evidence From Its Own Players
Plus: NHL labor news, wrestling regulations, and F1: The Movie.
Legislation Will Not Protect Kids Online
New laws aimed at protecting kids online won’t work, and could even make things worse. Parents, not politicians, are the best defense against digital dangers.
Court Allows Breach of Contract Claim for Haverford's Allegedly Failing to Respond to Anti-Semitism Complaints—But Only for Nominal Damages
"So whatever hard to imagine rationalization Haverford might offer for obscuring the content of its actual bias policy—an artifice reminiscent of Dean Wormer's 'double secret probation'—I find the demarcation 'draft' to be of no legal import."
Trump Is Now More Powerful Thanks to the Supreme Court. But Will It Last?
Plus: Conservatives won big overall this year at the Supreme Court.
10 of the Worst State Laws Going Into Effect in July
From minimum wage hikes to bans on cellphones in public schools, here are some of the most ridiculous ways state governments are interfering with Americans’ lives.
Pennsylvania Gives Amazon Potentially Unlimited Sales Tax Exemption
The tech and online retail giant will build at least two data centers in the Keystone State but pay no sales taxes on equipment.
Senate's Tax Bill Will Add $270 Billion to the Deficit Next Year, Despite Gimmicks
The House-passed version of the One Big Beautiful Bill Act was fiscally irresponsible. The Senate has made the bill worse.
Parental Rights and Youth Gender Medicine
The Supreme Court just declined this morning to consider this issue, but here's how a noted lower court judge analyzed the matter.
Big, Beautiful Bill Finds Its Opponents
Plus: The anti-socialist moment, muscle-building drugs counteract Ozempic, arsony gunman in Idaho, and more...
Federal Courts May Not Be Denny's, But They Are Open 24/7/365
Justice Kavanaugh's Trump v. CASA concurrence appears to reply to Judge Ho.
Justice Kagan on Universal Injunctions in 2022
Justice Kagan said "it just can't be right" that a single court judge can stop a federal policy in its tracks nationwide.
Social Security and Medicare Are Racing Toward Drastic Cuts—Yet Lawmakers Refuse To Act
Other countries have taken meaningful steps to address similar challenges. The U.S. has done nothing.
Trump Administration Targets Iranian Christians for Deportation
They face severe persecution if deported to Iran.
Bray and Bagley on Trump v. CASA
Two worthwhile commentaries on the Supreme Court's decision to curtail universal injunctions.
'We Can't Let These Sheep Go'
A New Deal–era program nearly eradicated the sacred Navajo-Churro sheep—and still reverberates through the Navajo Nation today.
New Orleans City Council Considers Ordinance To Adopt Real-Time Facial Recognition Technology
America is slipping steadily down the slippery slope to a surveillance state.
Clarence Thomas Undermines Free Speech in Porn Site Age-Verification Case
The Supreme Court's decision in Free Speech Coalition v. Paxton weakens the First Amendment rights of adults everywhere.
Criminal Justice Reformers Should Welcome Pam Bondi's Gun Rights Restoration Initiative
Democratic critics of the new program overlook the injustice of permanently disarming Americans who pose no threat to public safety.
Judge Dismisses Case Against Trans Woman Who Tried To Challenge Florida's Bathroom Law
Marcy Rheintgen was the first person to be arrested for trying to challenge Florida's bathroom bill. The case against her has been tossed out.
A Flawed, but Encouraging Nondelegation Decision
The Supreme Court may have reached the wrong result in FCC v. Consumers Research. But ruling emphasizes there are significant constitutional limits to legislative delegation to the executive.
Supreme Court Rules 6–3 for Trump, Limits 'Nationwide Injunctions' in Birthright Citizenship Case
“Federal courts do not exercise general oversight of the Executive Branch,” declared Justice Amy Coney Barrett.
A Bad Decision on Nationwide Injunctions
Today's Supreme Court ruling barring nationwide injunctions could empower the federal government to engage in large-scale violations of the Constitution. Exactly how bad the consequences will be depends on the extent to which other remedies can be used to forestall them.
Why Did Justice Kagan Write So Little This Term?
Other than the Chief, Justice Kagan wrote the fewest opinions.
Justice Barrett on Justice Jackson in Trump v. CASA
The two newest justices spar over universal injunctions.
Supreme Court Nukes Universal Injunctions (UPDATED)
Justice Barrett writes for the Court's majority that universal injunctions likely exceed the equitable power of federal courts.
Heavy-Handed Legislation Targets AI-Generated Replicas of Voices and Images
The NO FAKES Act imposes censorship, threatens anonymity, and regulates innovation.
Using the National Guard in DEA Raids Is the Worst Kind of Drug War Mission Creep
The deployment of National Guard soldiers on a DEA drug raid is a serious test of whether the Posse Comitatus Act means something or not.
Harvard Turns to the Private Sector To Finance Research After Losing Federal Funding
This pivot to privately funded research could reduce the burden on taxpayers and lead to more scientific breakthroughs.
"Whoever or Whatever Drafted the Briefs Signed and Filed by Blackburn,"
"it is clear that he, at the very best, acted with culpable neglect of his professional obligations."
Trump's Controlling Stake in U.S. Steel Is Indefensible Socialist Nonsense
Any decisions made by U.S. Steel's executives and shareholders will require approval from Trump, his appointees, or his successors.
My New Just Security Article on the Nondelegation and Major Questions Doctrines
It explains how these much-maligned doctrines can be valuable tools for constraining power grabs by presidents of both parties.
A Supreme Court Course Correction for NEPA
The significance of the Supreme Court's decision in Seven County Infrastructure Coalition v. Eagle County
Sotomayor Is Right. Trump's 'Third Country Removals' Raise Serious Due Process Worries.
The liberal justice faults the majority for leaving deportees to “suffer violence in far-flung locales.”
Ro Khanna: Congress Must Take Back Its War Powers
Rep. Ro Khanna (D–Calif.) discusses the War Powers Resolution he co-sponsored with Rep. Thomas Massie (R–Ky.), the Israel-Iran conflict, and why the antiestablishment left and right must work together.
The Biggest Impediment to Kathy Hochul's Pro-Nuclear Plan for New York Is the Government
Hochul's plan for the government to lead in building a new nuclear power plant is a surprising one, given New York's history of using top-down policies to shut down the energy source.
Mike Johnson Thinks Trump Should Have Even More of Congress' Warmaking Power
Presidents have chafed against the War Powers Resolution since it was first signed.
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.
"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.
