Lindsey Graham's Abortion Ban, Which Would Override State Laws, Shows Contempt for Federalism
The Republican senator improbably claims his bill is authorized by the 14th Amendment and the Commerce Clause.
14th Amendment
This Alabama Town's Shakedowns Are So Egregious That the Justice Department Is Backing a Suit Against It
Brookside faces several federal challenges for trying to fund its city by ticketing and towing the cars of anybody they can get away with.
Abortion Rights Under the 9th and 14th Amendments
Understanding what Justice Alito got wrong in Dobbs v. Jackson Women’s Health Organization
Alito's Junk History About Lochner
The conservative Supreme Court justice is wrong about economic liberty and the Constitution.
University of Houston Rolls Back Unconstitutional Anti-Harassment Policy
Students sued to protect their First and 14th Amendment rights.
Could Congress Prohibit Abortion If Roe Is Overturned? (Updated)
Questions about the scope of federal power will remain.
There Is a Reason Why Roe v. Wade's Defenders Focus on Its Results Rather Than Its Logic
The abortion precedent has faced withering criticism, including damning appraisals by pro-choice legal scholars, for half a century.
Samuel Alito Thinks It's Obviously Absurd To Suggest That Drug Prohibition Violates the Constitution
The justice overlooks the long American tradition of pharmacological freedom and the dubious constitutional basis for federal bans.
Alito's Draft Opinion That Would Overturn Roe Is a Disaster of Legal Reasoning
Plus: How abortion used to be less partisan, NFT sales have plummeted, and more...
Business Tax on Freelance Writers Heads to Virginia Supreme Court
Plus: The roots of the housing crisis, the U.S. Supreme Court reconsiders Miranda warnings, a judge halts Kentucky's abortion law, and more...
Did Madison Cawthorn Engage in 'Insurrection' by Reinforcing Donald Trump's Election Fantasy?
The North Carolina congressman's opponents argue that the 14th Amendment disqualifies him from seeking reelection.
The Laissez Faire Origins of the Supreme Court's Abortion Precedents
“All of those…just come out of Lochner.”
Democrats' Proposed 'Billionaire Tax' Is Definitely a Wealth Tax, and It May Be Unconstitutional
Imposing a wealth tax may not even be among the enumerated powers of Congress.
Despite the Injunction Against the Texas Abortion Ban, Clinics That Resume Their Usual Services Could Face 'Crippling Liability'
S.B. 8 allows lawsuits against people who perform prohibited abortions even if they relied on a court's determination that the law is unconstitutional.
NYC Theaters Sue Bill de Blasio, Claiming Vaccine Mandate Obstructs Free Speech
The lawsuit argues the mandate leads to discrimination based on content of speech and type of speaker.
Refusing To Show ID Is Not a Crime
George Wingate, who had pulled over on the side of the road to check an engine light, flatly refused to show his ID when a sheriff's deputy demanded it.
What Amy Coney Barrett Got Wrong About Lochner
Justice Barrett should revisit her views on this wrongly maligned case.
The 14th Amendment Disqualification Gambit
Impeachment, not the 14th Amendment, is the mechanism for disqualifying Trump from future federal office.
A 14th Amendment Case That Deserves the Supreme Court's Attention
It's time to breathe some life back into the Privileges or Immunities Clause.
Amy Coney Barrett on Lochner and the 14th Amendment
The Supreme Court nominee weighs in on a famous case.
This Judge Is Wrong About Economic Liberty and the Constitution
Perhaps Pennsylvania Supreme Court Justice David Wecht ought to read more history, starting with the speeches of the late Rep. John Bingham.
An Overdue Rebuke to Politicians Who Think Anything Goes in a Pandemic
Two courts say COVID-19 lockdowns in Michigan and Pennsylvania were unconstitutional.
Amy Coney Barrett and the Problem of Conservative Judicial Deference
Reviewing the record of the SCOTUS shortlister.
Pennsylvania Lockdown Lawsuit Victory May Cure a Plague of Pandemic Restrictions
“The Constitution sets certain lines that may not be crossed, even in an emergency.”
Federal Court Rules Pennsylvania's Lockdown Order Unconstitutional
Population-wide lockdown orders are "such a dramatic inversion of the concept of liberty in a free society as to be nearly presumptively unconstitutional" wrote U.S. District Judge William Stickman IV
Are Video Arcades More Dangerous Than Casinos During a Pandemic?
A federal lawsuit argues that the distinction drawn by Massachusetts is unconstitutional.
This Judge Is Wrong About Economic Liberty and the Constitution
A flawed argument for judicial passivity in cases of government regulation.
Uber's Lawsuit Against California's Anti-Freelancer Law Is Missing a Key Constitutional Element
It's crucial to get the constitutional text and history straight.
SCOTUS Debates Whether the Right to Trial by Jury Should Mean the Same Thing in State and Federal Court
Understanding what’s at stake in Ramos v. Louisiana.
Cops Accused of Stealing Over $225,000 Can't Be Sued, Thanks to Qualified Immunity
A court ruled that officers did not have enough information to know whether or not stealing violates the Constitution.
University of Florida Settles Lawsuit With Conservative Student Group
The suit came after the school denied funding to bring Dana Loesch and Andrew Klavan to campus.
Brett Kavanaugh Flunks His First Test as an Originalist
If Kavanaugh is a committed originalist, you would never know it based on his complacent behavior in Timbs v. Indiana.
Brett Kavanaugh Flunks His First Test as an Originalist
Unlike Thomas and Gorsuch, Kavanaugh stayed mum on originalism in a major constitutional case.
U.S. Citizens Sue Border Patrol Agent Who Detained Them for Speaking Spanish
The ACLU argues that the 40-minute detention violated the Fourth and 14th amendments.
Does a State Law That Bars Newcomers From Selling Liquor Violate Their 'Privileges or Immunities'?
In a case SCOTUS will hear next month, victims of Tennessee's protectionism argue that it flouts the 14th Amendment as well as the Commerce Clause.
Neil Gorsuch, Civil Asset Forfeiture, and the Original Meaning of the 14th Amendment
Where does Justice Gorsuch stand on the Privileges or Immunities Clause?
Trump's Unconstitutional Attack on Birthright Citizenship
The president's executive order will violate the text and history of the 14th Amendment.
Rep. Justin Amash Slams Trump's Birthright Citizenship Threat: POTUS Can't 'Amend Constitution' With Executive Order
At least one Republican congressman agrees.
Trump Plan to End Birthright Citizenship Via Executive Order Is Unconstitutional: Reason Roundup
Plus: Southern border will see more troops than Iraq, Syria.
Brett Kavanaugh Praises Anthony Kennedy's 'Legacy of Liberty.' Many Conservatives Won't Like the Sound of That.
"Justice Kennedy established a legacy of liberty for ourselves and our posterity."
Trump Picks Record Number of New Judges
Assessing the president's lower-court selections.
Supreme Court Agrees to Hear Significant New Case About Civil Asset Forfeiture and the Bill of Rights
The justices will hear oral arguments next term in Timbs v. Indiana.
How the Supreme Court Is Aiding and Abetting Occupational Licensing Abuse
Williamson v. Lee Optical of Oklahoma, Inc. should be overruled.
Hillbilly Hotties Win First Round in Bikini-Barista Battle
"Bikinis can convey the very type of political speech that lies at the core of the First Amendment," writes federal judge.
The Libertarian Lawyer Who Battled Jim Crow
The relationship between Lochner v. New York and Buchanan v. Warley
Ted Cruz, Sex Toys, and the Constitution
Ted Cruz thinks a sex toy ban is stupid. That doesn't mean he thinks it's unconstitutional.
