Why MAGA Turned on Amy Coney Barrett
Plus: The Supreme Court upholds a state ban on transgender care for minors.
Law & Government
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.
Does the Senate Reconciliation Bill Contain a Threat to Judicial Independence? Or Is It a Welcome Limit on Universal Injunctions?
The Senate has adopted its own version of a provision designed to limit preliminary injunctions against the federal government when no bond is posted.
Is the Business of the Roberts Court (Still) Business?
My contribution to an interdisciplinary symposium on "Donald J. Trump, the Supreme Court, and American Constitutionalism"
GOP Senate Version of the Big Beautiful Bill Includes an Ugly Attack on Courts' Ability to Protect Constitutional Rights
It requires litigants seeking preliminary injunctions against illegal government actions to post potentially enormous bonds.
Have Presidents Grown Too Powerful To Be Removed From Office?
Joe Biden showed that the 25th Amendment doesn't work. Donald Trump showed that impeachment is broken too.
Some Federal Agencies Are Actually Getting More Efficient
Downsizing pushed the Tobacco Tax and Trade Bureau to adopt tech solutions that it could have tried years ago.
The Trump Administration Just Created Hundreds of Thousands of Illegal Immigrants
A blow to recent arrivals from Cuba, Haiti, Nicaragua, and Venezuela
The Restraining Order Against Federalizing the California National Guard Highlights Trump's Lawlessness
U.S. District Judge Charles Breyer concluded that the president failed to comply with the statute he cited—and violated the 10th Amendment too.
My New Verfassungsblog Article On "The Nondelegation Case Against Trump's New Travel Ban"
It explains why a nondelegation challenge could work and deserves to win, despite Trump v. Hawaii.
Supreme Court Rules, Again, That Different Standards for Discrimination Plaintiffs Are Unconstitutional
The Court ruled unanimously in favor of a disabled teenage girl and her family, who faced a higher bar to prove that her school discriminated against her.
Federal Court Rightly Invalidates Trump's Illegal Federalization of California National Guard Troops
Trump's policy here is yet another example of abusive invocation of emergency powers.
The FBI Raided This Innocent Georgia Family's Home. The Supreme Court Just Revived Their Lawsuit.
Agents detonated a grenade and broke into the house, guns drawn. But while the decision is good news for Curtrina Martin and Toi Cliatt, their legal battle is far from over.
Trump's L.A. National Guard Deployment Stands on Shaky Legal Ground
Plus: When Stalin Meets Star Wars.
What Happens if the Department of Education Goes Away?
Most of what the department does would likely stick around, for better or for worse.
Extending the Trump Tax Cuts Is a Good Idea. But It Won't Deliver 'Big, Beautiful' Economic Growth.
The budget legislation is full of other expensive provisions that will add trillions to our sky-high national debt.
Trump's 'Big Beautiful Bill' Would Boost Subsidies for Rich Farmers
Subsidies inherently skew the market, and farm subsidies are no different.
Why Donald Trump and Josh Hawley Are Wrong To Call for Jailing People Who Burn the American Flag
The Supreme Court ruled decades ago that burning the flag is protected by the First Amendment, no matter how offensive that act may be.
DOJ Sues Coffee Shop for Allegedly Denying Service to Jewish Customers
According to the suit, workers denied service to and shouted epithets at two men wearing Star of David baseball caps in 2024.
New Mexico Appeals Court Dismisses Suit Seeking to Compel Greater Environmental Regulation under State Constitution
The appeals court concludes the lawsuit failed to present a claim upon which relief can be granted under state law.
The Trump Administration Is Escalating an Immigration Crisis It Promised To Resolve
The border is no longer the focus. Now, the White House wants you to believe that the crisis extends to nail salons, hardware stores, farms, and restaurants across the country.
Federal Circuit Grants Government's Motion for Stay Pending Appeal in Our Tariff Case
It's disappointing. But the court will hear the case on the merits on an expedited basis, and we have a strong case.
He Fell Behind on His Taxes. So the Government Seized His Home, Sold It, and Kept the $258,000 Profit.
But now his case against the government can move forward.
Aspiring Barbers and Cosmetologists in Iowa Can Now Learn on the Job Instead of Paying Thousands for Classes
A new law creates an apprenticeship program allowing unlicensed Iowans to make an income from providing cosmetology and barbering services.
