Federal Officials Won't Admit the Real Reason for Ditching the TSA's Shoe Rule
The widely resented and ridiculed policy, which the U.S. was nearly alone in enforcing, never made much sense.
Law & Government
Defending the Court of International Trade Ruling Against Trump's Tariffs—A Reply to Estreicher and Babbitt [Updated]
Estreicher and Babbitt are right to conclude that Trump's tariffs violate the nondelegation doctrine, but wrong to reject other arguments against them.
Why a Trump-Appointed Judge Is Torching His Own Court's Approach to Qualified Immunity
Judge James C. Ho recently described a troubling phenomenon on the 5th Circuit and the government abuse it enables.
Senate Confirms First Judicial Nominee of Trump's Second Term. How Many More Will Follow?
Indications are that the second Trump Administration will not have as significant an effect on the Courts as the first.
Will Trump Actually Close the Education Department?
Plus: Cuomo has a hard time taking no for an answer, a pro-party manifesto, Trump's about-face on Ukraine, and more...
The Class Action Threat to Trump's Birthright Citizenship Order
Plus: A fond farewell to Black Sabbath.
What Do Progressives Want for the Courts?
There's a tension between Progressives' efforts to delegitimize the courts and hopes the judiciary to constrain executive power.
There Are Better Ways To Help Restaurant Workers Than No Tax on Tips
Helping servers takes more than a temporary tip tax break.
Trump Walks Back Talk of Abolishing FEMA
After criticizing the agency for being ineffective for months, the Trump administration now plans to reform it to supplement state disaster response efforts.
Bill Kristol Is Alarmed That a President Would Ship Accused Foreign Enemies to an Overseas Prison
The hawkish defender of Guantanamo Bay and the post-9/11 security state worries President Donald Trump's immigration crackdown is threatening civil liberties.
Justice Jackson Wants People to Focus on "What Is Happening in Our Country and in Our Government" (Updated)
Justice Jackson Sees Her Colleagues' Rulings As Threats to Democracy and the Rule of Law
Arizona Just Created, Then Defunded, an Independent Watchdog for Its Troubled Prison System
Criminal justice reform advocates are still hopeful the office can secure outside funding and bring much-needed transparency to Arizona's prisons.
When Does a Regulation Become Final?
The D.C. Circuit resolves a dispute over which set of visa regulations bind the public.
New Jersey Court Strikes Down Town's Use of Eminent Domain To Skirt Affordable Housing Mandates
Despite the setback, Middletown Township is taking the case to the state supreme court.
"The Alleged Misdeeds of Jewish Individuals, Elected Officials, Judges and Others in Myriad Circumstances,"
"including Plaintiff's divorce proceedings and criminal case."
Abortion, Colorado River, and Interpleader
The true superpower of the lawyer is to turn all questions into questions about procedure—often, about procedure about procedure.
Trump's Plan to Impose 50% Tariffs on Brazil Highlights Illegal and Harmful Nature of his Trade Policy
It's an obvious abuse of emergency powers, a claim to unconstitutional delegation of legislative power, and a threat to the economy and the rule of law.
The 8th Circuit Court Was Right To Kill the FTC's 'Click-to-Cancel' Rule
The Federal Trade Commission ignored mandatory regulatory impact analyses in an attempt to institute its "click-to-cancel" rule.
The 'Big Beautiful Bill' Expands Health Savings in a Rare Policy Win
In a bill packed with spending, one provision offers real gains for health care choice and savings.
Trump Won't Enforce the TikTok Ban. Is That Constitutional?
The Constitution requires the president to “take Care that the Laws be faithfully executed.”
Overview of the Amicus Briefs Filed in Our Tariff Case
The diversity and quality of the briefs opposing Trump's "Liberation Day" tariffs speaks for itself.
Courts Can Check, and Have Checked, Executives' Military Judgment
Katherine Yon Ebright and Leah Tulin of the Brennan Center make the case against judicial deference to Trump's invocation of the Alien Enemies Act of 1798.
Leaked Documents Show 'Alligator Alcatraz' Could Cost Over $600 Million
More questions arise over how Florida’s newest immigration detention center is being funded by the Trump administration.
Appeals Court Briefs Say Trump's Tariffs Are Based on a Statute That Does Not Authorize Tariffs at All
The Cato Institute and the New Civil Liberties Alliance urge the Federal Circuit to extend the logic of a decision against the president's far-reaching import taxes.
Georgia Couple Whose Daughters Were Taken After False Child Abuse Claims File Lawsuit
Matt and Tuckey Hernandez lost their daughters for two years after their infant's medical issues were misidentified as abuse.
DMV Officials Issued Driver's Licenses for Cash. Why Will REAL ID Be Any Different?
Bureaucratic requirements impose burdens only on people not inclined to break the law.
If Companies Set Up Ethnic Affinity Groups for Employees, Must They Also Set Them Up for Jewish Employees? [UPDATE: Microsoft Has Changed Its Policy to Include "Jews at Microsoft"]
Yes, argues the Brandeis Center in a letter to Microsoft.
NIMBY Lawsuit Accidentally Abolishes City's Entire Zoning Code
Plus: The Supreme Court declines to hear major eviction moratorium case, Maine passes zoning reform, and why tourist traps are good, actually.
There's No Good Reason for Cities and States To Build or Subsidize Sports Stadiums
“There's no such thing as a free stadium,” says J.C. Bradbury. “You can't just pull revenue out of thin air.”
Trump Can Take Revenge on the 'Deep State': Pardon Snowden
Why Edward Snowden deserves not only a presidential pardon, but a hero's welcome home.
The Republican-Appointed Judge Decrying Trump's 'Deeply Disturbing' Attacks on the Rule of Law
When Arizona Supreme Court Justice Clint Bolick is worried about our constitutional order, we should all pay heed.
Gun Rights Groups Welcome the Demise of Illogical and Constitutionally Dubious Federal Firearm Taxes
The taxes on sound suppressors, short-barreled rifles, and short-barreled shotguns, originally enacted in 1934, were meant to be prohibitive, imposing bans in the guise of raising revenue.
Either Repeal or Enforce—but Ideally Repeal—the TikTok Ban
The ban is a bad law. But leaving it on the books and willfully ignoring it sets a potentially more dangerous precedent.
The Department of Education Is in Limbo. Let's Kill It.
Congress should now turn its attention to abolishing the unnecessary federal education bureaucracy.
Trump vs. the Declaration of Independence
Several of the items on the Declaration's list of grievances against King George III also apply to Donald Trump today.
With Environmental Regulatory Reform, California Gov. Gavin Newsom Finally Does Something Substantial
Without Newsom's efforts, major reforms to California's stifling environmental laws would have died on the vine.
A Broad Ruling Against Trump's Immigration Policies Illustrates Alternatives to Universal Injunctions
Class actions and Administrative Procedure Act claims can achieve much the same result as the nationwide orders that the Supreme Court rejected.
Georgia Trial Court Cites Likely AI-Hallucinated Cases (Possibly Borrowed from Party's Filing)
There have likely been hundreds of filings with AI-hallucinated citations in American courts, but this is the first time I've seen a court note that a judge had included such a citation.
Interesting Rule 11 / Incorrect Allegation Question in One of the Sean Combs Civil Cases
Can plaintiffs be sanctioned because they "refused to voluntarily dismiss [a defendant] after reviewing the additional information from his cell phone and bank records" that seems to exonerate him?
Federal Prison Guards Allegedly Beat an Inmate to a Pulp. The Supreme Court Says He Can't Sue.
The ruling tells an interesting story about how the very body that created a cause of action for victims of federal abuse has since worked to undermine that right.
The $4 Trillion 'Big, Beautiful Bill' Breaks the Bank and Violates Congress' Own Budget Rules
This is what Washington calls compromise: The House proposes $1, the Senate proposes $2, and somehow, the government ends up spending $3.
