Washington Sued for 'Racially Conscious' Homeownership Program
Washington's Covenant Homeownership Program excludes certain applicants on the basis of race.
14th Amendment
Weed Shops Deserve Due Process, Says Judge
Plus: Andrew Cuomo's potential prosecution, Texas death blamed on abortion ban, and more...
Illinois Scholarship Program Explicitly Excludes White Applicants
The Minority Teachers for Illinois Scholarship Program is blatantly unconstitutional.
Chip Mellor's Legacy Promotes a Broader Concept of Civil Liberties
For more than three decades, the Institute for Justice has shown that economic freedom and private property are essential safeguards for ordinary Americans.
Police Want the Password to Your Phone
Without a warrant and specific proof of incriminating evidence, police should never be allowed past your phone’s lock screen.
Upcoming Virtual Panel on Trump v. Anderson [updated]
I will be on a panel with Prof. Neil Siegel (Duke) and Prof. Derek Muller (Notre Dame) in a webinar sponsored by the Loyola University Chicago School of Law.
Second Circuit Rules Intent To Racially Balance NY High Schools Is Unconstitutional
Judge Joseph Bianco’s decision emphasizes that constitutional rights and protections belong to individuals, not groups.
Final Published Version of My Article "A Lost Opportunity to Protect Democracy Against Itself: What the Supreme Court Got Wrong in Trump v. Anderson"
It is now available on SSRN. The article critiques the Supreme Court's decision in the Trump Section 3 disqualification case.
A Modest Revelation About Trump v. Anderson
Recent New York Times reporting about the Court's deliberations on the case modestly reinforces the view that the Court ruled that disqualification from office-holding under Section 3 requires congressional legislation.
My Forthcoming Article "A Lost Opportunity to Protect Democracy Against Itself: What the Supreme Court Got Wrong in Trump v. Anderson"
The forthcoming Cato Supreme Court Review article is now available on SSRN. It critiques the Supreme Court's decision in the Trump Section 3 disqualification case.
Florida Man's Tall Grass Saga Comes to an End
One man’s overgrown yard became a six-year struggle against overzealous code enforcement.
Does the Constitution Protect the Right To Get High?
Columbia law professor David Pozen recalls the controversy provoked by early anti-drug laws and the hope inspired by subsequent legal assaults on prohibition.
Embracing a Federalist Approach to Abortion, Trump Condemns Democrats As 'Radical'
The former and would-be president is keen to avoid alienating voters who reject both kinds of extremism on the issue.
Historic Preservation Board Stops Family Removing KKK Supporter's Initial From Front of their House
Kristy Kay Money and Rolf Jacob Sraubhaar are now suing the city of San Marcos, Texas, saying they're being forced to keep a Klan-linked symbol on the front of their house is a physical taking.
New Lawfare Article on "What the Supreme Court Got Wrong in the Trump Section 3 Case"
I argue that the justices botched the legal analysis and relied too much on questionable policy considerations.
Michael Rappaport on "the Originalist Disaster" of the Supreme Court's Ruling in Trump v. Colorado
A leading originalist legal scholar explains what the Court got wrong.
Were There Last Minute Changes to Trump v. Anderson?
There are reasons to suspect the justices were wrangling over language up until the last minute.
Supreme Court Unanimously Rules That States May Not Disqualify Trump As an Insurrectionist
Three justices who concurred in that judgment accuse the majority of trying to "insulate all alleged insurrectionists from future challenges" by going further than necessary.
Illinois Court Rules Trump Disqualified from the Presidency Under Section 3 of the Fourteenth Amendment
But the ruling will be effectively overturned if the federal Supreme Court rules in favor of Trump in the Colorado disqualification case, as seems likely based on the oral argument in that case.
Kids Have First Amendment Rights Too, Federal Judge Reminds State Lawmakers
Banning people under age 16 from accessing social media without parental consent "is a breathtakingly blunt instrument" for reducing potential harms, the judge writes.
SCOTUS Is Troubled by the Claim That States Can Disqualify Trump From the Election As an Insurrectionist
Most of the justices are clearly inclined to reject a Colorado Supreme Court decision asserting that power under Section 3 of the 14th Amendment.
C-SPAN Washington Journal Appearance on the Trump Section 3 Case
Co-blogger Josh Blackman and I debated the case that will be argued before the Supreme Court this morning.
What If Trump v. Anderson Is Treated Like an Election Law Case?
An interesting analysis of the former President's brief challenging his disqualification from the ballot in Colorado.
My Supreme Court Amicus Brief in Trump v. Anderson—the Section 3 Disqualification Case
The brief explains why a criminal conviction is not necessary for Trump to be disqualified from the presidency under Section 3 of the 14th Amendment.
Trump's Supreme Court Brief Rebuts the Claim That He 'Engaged in Insurrection'
He is asking the justices to reject the Colorado Supreme Court's conclusion that he is disqualified from running for president.
January 6 and Insurrection—a Response to Ross Douthat
On Douthat's reasoning, published in the NY Times, Confederate secession wasn't an insurrection either.
Insurrection, Rebellion, and January 6: Rejoinder to Steve Calabresi [updated with brief further rejoinder]
"Insurrection" and "rebellion" should not be conflated. But the events of January 6 readily meet the criteria for both.
Supreme Court Will Consider Trump Section 3 Disqualification Case
The justices will hear the case on an expedited schedule, and could potentially consider all the issues it raises.
7 Reasons Trump's Lawyers Say He Is Not Disqualified From Running for President
His Supreme Court petition raises serious questions about how to interpret and apply Section 3 of the 14th Amendment.
Who Decides Whether Trump Can Run, and What Sort of Evidence Suffices?
Letting state officials determine whether a candidate has "engaged in insurrection" opens a huge can of worms.
Trump Wouldn't Be the First Non-Confederate Barred From Office by the 14th Amendment
The weird story of Victor Berger, the Espionage Act, and "Shoeless" Joe Jackson.
Maine and Michigan Issue Rulings on Trump and Section 3 Disqualification
Maine's Secretary of State ruled that Trump is ineligible for the presidency. The Michigan Supreme Court refused to reconsider a lower court ruling allowing Trump to remain on the GOP primary ballot, because state law doesn't limit primary ballot access to allow only candidates eligible for the office they seek.
More on Criminal Conviction and Section 3 Disqualification [Updated]
My response to conservative political commentator Conn Carroll's argument on this issue.
Why Section 3 Disqualification Doesn't Require a Prior Criminal Conviction on Charges of Insurrection [Updated]
The reason is a combination of the general structure of our legal system and the original meaning of Section 3.
Efforts to Show that Exempting the President from the Scope of Section 3 of the 14th Amendment isn't Absurd Underscore that it Actually is
Harvard law Prof. Larry Lessig's attempt to prove otherwise misfires.
