Former Prisoner Can Sue Officials Who Illegally Detained Him for 2 Months, 5th Circuit Says
The case is just one example of miscalculations that routinely keep Louisiana prisoners behind bars after they complete their sentences.
14th Amendment
My New Lawfare Article on Trump and the Use of Section 3 Disqualification as a Tool to Protect Democracy Against Itself
Section 3 disqualification is justifiable as a democracy-limiting tool to protect democracy. But there are slippery-slope issues that deserve serious consideration.
District Court in Florida Concludes Voters Lack Standing to Challenge Trump's Eligibility
A lawsuit to keep Donald Trump off the Florida primary ballot fails.
Federal Appeals Court Rules Detroit's Asset Forfeiture Violates Due Process Rights of Drivers
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."
Why Efforts to Invoke Section 3 of the 14th Amendment to Keep Donald Trump Off the Ballot May Fail
Election law expert Derek Muller reminds us that we have seen these sorts of claims before.
David Sosa Says Mistakenly Arresting Him Twice Based on His Name Violated His Rights. Other David Sosas Agree.
The 11th Circuit rejected Sosa's constitutional claims, and he is asking the Supreme Court to intervene.
Police Seized Innocent People's Property and Kept It for Years. What Will the Supreme Court Do?
Civil forfeiture is a highly unaccountable practice. The justices have the opportunity to make it a bit less so.
Sixth Circuit Stays Preliminary Injunction Against Tennessee Law Limiting Gender-Affirming Treatments for Minors
A divided panel concludes the plaintiffs are unlikely to prevail on the merits and pledges to expedite the appeal.
Neither the Constitution Nor Common Sense Supports the Argument the Debt Ceiling Is Unconstitutional
Professor Prakash dispatches the arguments for unilateral Presidential authority to disregard the debt ceiling.
The Eternal Recurrence of Debt Ceiling Debates
The current debate is a replay of debates we have had before (and will likely have again).
Biden, Yellen Won't Rule Out Declaring Debt Ceiling Unconstitutional
Plus: Kansas voting restrictions struck down, the legacy of the "vast wasteland" speech, and more…
Supreme Court Decides to Hear Important Asset Forfeiture Procedural Property Rights Case
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.
Washington State's Democrats Float a Proposal To Make Voting Mandatory
The proposal is "about behavior modification," argued state Sen. Patty Kuderer, likening the government's role in promoting voting to that of a parent.
Louisiana Keeps Over a Quarter of Inmates Detained Past Their Release Dates, DOJ Investigation Finds
"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 Originalist Debate About Affirmative Action
The Supreme Court grapples with the original meaning of the 14th Amendment in Students for Fair Admissions v. University of North Carolina.
Doctors Say a California Law Targeting Clinicians Who Share COVID-19 'Misinformation' Is Unconstitutional
The law authorizes regulators to discipline physicians who deviate from the "contemporary scientific consensus."
No, State Legislators Can't Ban Interstate Abortion Travel
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.
Lindsey Graham's Proposed Federal Abortion Ban is an Unconstitutional Assault on Federalism - But it Might Fly Under Current Supreme Court Precedent
The problem is the Court's ultra-broad interpretation of Congress' power to regulate interstate commerce. But the justices might cut that back.
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.
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.
