Section 3 disqualification is justifiable as a democracy-limiting tool to protect democracy. But there are slippery-slope issues that deserve serious consideration.
A lawsuit to keep Donald Trump off the Florida primary ballot fails.
A federal circuit judge writes that Detroit's vehicle seizure scheme "is simply a money-making venture—one most often used to extort money from those who can least afford it."
Election law expert Derek Muller reminds us that we have seen these sorts of claims before.
The 11th Circuit rejected Sosa's constitutional claims, and he is asking the Supreme Court to intervene.
Civil forfeiture is a highly unaccountable practice. The justices have the opportunity to make it a bit less so.
A divided panel concludes the plaintiffs are unlikely to prevail on the merits and pledges to expedite the appeal.
Professor Prakash dispatches the arguments for unilateral Presidential authority to disregard the debt ceiling.
The current debate is a replay of debates we have had before (and will likely have again).
Plus: Kansas voting restrictions struck down, the legacy of the "vast wasteland" speech, and more…
The Court will determine whether the Due Process Clause prevents the government from using asset forfeiture to seize property and hold it for many months without a timely hearing.
The proposal is "about behavior modification," argued state Sen. Patty Kuderer, likening the government's role in promoting voting to that of a parent.
"There is an obligation both to incarcerated persons and the taxpayers not to keep someone incarcerated for longer than they should be," a Louisiana district attorney said. "Timely release is not only a legal obligation, but arguably of equal importance, a moral obligation."
The Supreme Court grapples with the original meaning of the 14th Amendment in Students for Fair Admissions v. University of North Carolina.
The law authorizes regulators to discipline physicians who deviate from the "contemporary scientific consensus."
The Constitution's commerce clause guarantees a domestic free trade zone. A state law that bars a resident from traveling to take advantage of another state’s economic activity would be unconstitutional.
The problem is the Court's ultra-broad interpretation of Congress' power to regulate interstate commerce. But the justices might cut that back.
The Republican senator improbably claims his bill is authorized by the 14th Amendment and the Commerce Clause.
Brookside faces several federal challenges for trying to fund its city by ticketing and towing the cars of anybody they can get away with.
Understanding what Justice Alito got wrong in Dobbs v. Jackson Women’s Health Organization
The conservative Supreme Court justice is wrong about economic liberty and the Constitution.
Students sued to protect their First and 14th Amendment rights.
Questions about the scope of federal power will remain.
The abortion precedent has faced withering criticism, including damning appraisals by pro-choice legal scholars, for half a century.
The justice overlooks the long American tradition of pharmacological freedom and the dubious constitutional basis for federal bans.
Plus: How abortion used to be less partisan, NFT sales have plummeted, and more...
Plus: The roots of the housing crisis, the U.S. Supreme Court reconsiders Miranda warnings, a judge halts Kentucky's abortion law, and more...
The North Carolina congressman's opponents argue that the 14th Amendment disqualifies him from seeking reelection.
“All of those…just come out of Lochner.”
Imposing a wealth tax may not even be among the enumerated powers of Congress.
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.
The lawsuit argues the mandate leads to discrimination based on content of speech and type of speaker.
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.
Justice Barrett should revisit her views on this wrongly maligned case.
Impeachment, not the 14th Amendment, is the mechanism for disqualifying Trump from future federal office.
It's time to breathe some life back into the Privileges or Immunities Clause.
The Supreme Court nominee weighs in on a famous case.
Perhaps Pennsylvania Supreme Court Justice David Wecht ought to read more history, starting with the speeches of the late Rep. John Bingham.
Two courts say COVID-19 lockdowns in Michigan and Pennsylvania were unconstitutional.
Reviewing the record of the SCOTUS shortlister.
“The Constitution sets certain lines that may not be crossed, even in an emergency.”
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
A federal lawsuit argues that the distinction drawn by Massachusetts is unconstitutional.
A flawed argument for judicial passivity in cases of government regulation.
It's crucial to get the constitutional text and history straight.
Understanding what’s at stake in Ramos v. Louisiana.
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