Trump Cannot Restrict Birthright Citizenship by Presidential Edict
The executive order that the president-elect plans to issue contradicts the historical understanding of the 14th Amendment.
The executive order that the president-elect plans to issue contradicts the historical understanding of the 14th Amendment.
My new Just Security article explains why denying birthright citizenship to children of undocumented immigrants would be unconstitutional.
Washington's Covenant Homeownership Program excludes certain applicants on the basis of race.
Plus: Andrew Cuomo's potential prosecution, Texas death blamed on abortion ban, and more...
The Minority Teachers for Illinois Scholarship Program is blatantly unconstitutional.
For more than three decades, the Institute for Justice has shown that economic freedom and private property are essential safeguards for ordinary Americans.
Without a warrant and specific proof of incriminating evidence, police should never be allowed past your phone’s lock screen.
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.
Judge Joseph Bianco’s decision emphasizes that constitutional rights and protections belong to individuals, not groups.
It is now available on SSRN. The article critiques the Supreme Court's decision in the Trump Section 3 disqualification case.
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.
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.
One man’s overgrown yard became a six-year struggle against overzealous code enforcement.
Columbia law professor David Pozen recalls the controversy provoked by early anti-drug laws and the hope inspired by subsequent legal assaults on prohibition.
The former and would-be president is keen to avoid alienating voters who reject both kinds of extremism on the issue.
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.
I argue that the justices botched the legal analysis and relied too much on questionable policy considerations.
A leading originalist legal scholar explains what the Court got wrong.
There are reasons to suspect the justices were wrangling over language up until the last minute.
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.
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.
Banning people under age 16 from accessing social media without parental consent "is a breathtakingly blunt instrument" for reducing potential harms, the judge writes.
Most of the justices are clearly inclined to reject a Colorado Supreme Court decision asserting that power under Section 3 of the 14th Amendment.
Co-blogger Josh Blackman and I debated the case that will be argued before the Supreme Court this morning.
An interesting analysis of the former President's brief challenging his disqualification from the ballot in Colorado.
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.
He is asking the justices to reject the Colorado Supreme Court's conclusion that he is disqualified from running for president.
On Douthat's reasoning, published in the NY Times, Confederate secession wasn't an insurrection either.
"Insurrection" and "rebellion" should not be conflated. But the events of January 6 readily meet the criteria for both.
The justices will hear the case on an expedited schedule, and could potentially consider all the issues it raises.
His Supreme Court petition raises serious questions about how to interpret and apply Section 3 of the 14th Amendment.
Letting state officials determine whether a candidate has "engaged in insurrection" opens a huge can of worms.
The weird story of Victor Berger, the Espionage Act, and "Shoeless" Joe Jackson.
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.
My response to conservative political commentator Conn Carroll's argument on this issue.
(You don't really have to shut up, but here's my money.)
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