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.
Law & Government
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.
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.
