Law & Government
The Divisions Among the Court's Originalists
Professor Joel Alicea on how to understand what may be the most important jurisprudential divisions on the Supreme Court.
DOJ Brings Kilmar Abrego Garcia Back to the U.S. After Insisting It Couldn't
The Department of Justice brought the deported Salvadoran back to U.S. soil for trial, reversing its long-held contention that he would "never" return.
Should the Seventh Amendment Civil Jury Trial Right Apply to the States?
The right to a civil jury trial is far more deeply rooted in American history and tradition than is the right to own guns, which the Supreme Court was right to incorporate.
Defending the Court of International Trade Ruling Against Trump's Tariffs - A Reply to John Yoo
Yoo's criticisms are off the mark, for a variety of reasons. But, tellingly, he actually agrees Trump's IEEPA tariffs are illegal, merely disagreeing with the court's reasons for reaching that conclusion.
Defending the Court of International Trade Ruling Against Trump's Tariffs - A Reply to Jack Goldsmith
The CIT ruling is much stronger than Prof. Goldsmith contends. The same is true of a related ruling by federal District Court Judge Rudolph Contreras.
As American as Due Process
Those accused of wrongdoing have the right to challenge the evidence against them before the government takes away their liberty.
The Nondelegation Case Against Trump's Massive New Travel Ban
Trump v. Hawaii may block a challenge based on unconstitutional discrimination. But it does not preclude a nondelegation case. Other recent developments may actually bolster that approach.
Marsha Blackburn Wants Secret Police
Sen. Blackburn introduced a bill this week that would make it a crime to publish the name of a federal law enforcement officer.
This Small Business Is in Limbo As Owner Sues To Stop Trump's Tariffs
Next week could be a pivotal one, as a federal appeals court could decide whether to restore an injunction against Trump's tariffs.
A Runner Was Prosecuted for Unapproved Trail Use After the Referring Agency Called It 'Overcriminalization'
The case against Michelino Sunseri exemplifies the injustice caused by the proliferation of regulatory crimes—the target of a recent presidential order.
The Legal Battle Over the Motion to Stay the Decision Against Trump's Tariffs
This crucial procedural issue is now before the US Court of Appeals for the Federal Circuit. Its resolution will determine whether the tariffs are immediately suspended, or get to continue so long as the case is stil being litigated.
Police Blew Up This Innocent Woman's House and Left Her With the Bill. A Judge Says She's Owed $60,000.
Vicki Baker's legal odyssey is finally coming to an end.
Unanimous Supreme Court Affirms That There Is No 'Good' Discrimination
The court ruled on Thursday that a heterosexual woman shouldn't have to clear a higher bar than a gay colleague to sue for discrimination.
Is the Supreme Court Really That Divided? The Facts Say No.
Unanimous rulings on discrimination, guns, and religion once again challenge the common media narrative that the Court is hopelessly polarized.
Florida Woman Fined $165,000 for Trivial Code Violations Takes Her Case to the Florida Supreme Court
Sandy Martinez was fined for a parking violation on her own property, driveway cracks, and a storm-damaged fence.
A Federal Judge Orders Relief for Alleged Gang Members Deported and Imprisoned Without Due Process
Without such intervention, he warns, the government "could snatch anyone off the street, turn him over to a foreign country, and then effectively foreclose any corrective course of action."
Overruling Trump's Tariffs Should Be an Easy Decision for SCOTUS
Plus: A love letter to the heavy metal band Slayer.
Michael McConnell on the Tariff Cases and their Significance
A leading conservative legal scholar explains why striking down Trump's IEEPA tariffs is vital to protecting the separation of powers.
The 'Big Beautiful Bill' Will Add $2.4 Trillion to the Deficit
That total will rise to about $3 trillion once the interest costs of more borrowing are included.
Belated Republican Objections to the One Big Beautiful Bill Glide Over Its Blatant Fiscal Irresponsibility
House members who discovered objectionable elements only after voting for the package nevertheless underline the unseemly haste of the legislative process.
New Ruling Moves Oregon Closer to Legal In-Home Psilocybin Use
Plaintiffs’ argument that access to in-home psilocybin services for those with disabilities is required under the ADA survives motion to dismiss.
Trump's Haste Begets Lawlessness
The president treats legal constraints as inconveniences that can be overridden by executive fiat.
It's Rand Paul and Elon Musk vs. Donald Trump Over the 'Big Beautiful Bill'
Paul said he refuses to support "maintaining Biden spending levels," and Musk said the Trump-backed tax bill is "a disgusting abomination."
Female Nude Spa in Washington Can't Bar Transgender Clients With Male Genitalia, Federal Court Rules
Olympus Spa had sued on First Amendment grounds.
Elizabeth Warren and Jim Banks Attack Nvidia for Expanding Its Chinese Facility
Complying with export regulations should build trust between Nvidia and Congress, not erode it.
The Taliban Banned Chess
Since retaking power, the Taliban has banned certain music, barred women from parks, and now outlawed chess. Authoritarians don’t just crush dissent—they criminalize joy.
Washington Post Article Stresses the Library of Congress's Name, but Largely Ignores Judicial Precedent …
that treats the Library of Congress as an Executive Branch department as to Presidential removal of the Librarian.
Our Fifth Circuit Alien Enemies Act Amicus Brief
The brief was filed on behalf of the Brennan Center, the Cato Institute, law-of-war scholar Prof. John Dehn, and myself.
Trump's Attack on the Federalist Society Is a Bad Omen for Originalism
The MAGA loyalty that Trump demands is anathema to everything that originalism is supposed to be about.
Is the American Bar Association's Accreditation Monopoly about to End?
My latest Civitas Outlook column looks at the growing pressure on the ABA's role in law school accreditation.
Permitting the Future
A symposium looking at the need to permit the construction and deployment of energy infrastructure in order to meet environmental goals.
Is Justice Barrett "Solidifying Herself as the Swing Justice"?
Claims that Justice Amy Coney Barrett is at the center for the Court are not supported by the data. The truth is more complicated.
Hub and UnPopulist Podcasts About the Tariff Case
The podcasts cover the case and its relationship to the more general problem of abuse of emergency powers.
Bob Menendez Does Not Deserve a Pardon
The disgraced former Democratic senator was convicted of accepting almost $1 million in bribes in exchange for, among other things, favors benefiting foreign governments.
Do Lower Court Judges Time Their Decisions to Take Senior Status (or Retire) Based on Who May Replace Them?
This question can be informed by more than anecdote and intuition.
Texas Ten Commandments Bill Is the Latest Example of Forcing Religious Texts In Public Schools
The Lone Star State's bill is already facing legal challenges.
Trump Wants $25 Million To Settle His Meritless 60 Minutes Lawsuit
In a legal filing this week, Trump argued that routine edits to a CBS News interview he did not participate in caused him "confusion and mental anguish."
Two Courts Have Ruled Against Trump's Tariffs—but Not for the Same Reasons
Both are wins for free trade, but only one vindicates the separation of powers.
Congress Must Vote on Tariffs
For both practical and constitutional reasons, this is the obvious way out of the chaos Trump's tariffs have created.
