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.
14th Amendment
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.
Unconstitutional State Food, Agriculture Crackdowns Spur Congress to Act
States like Massachusetts attempt to control how farms outside their borders operate.
From Bork to Willett: Is the Conservative Legal Movement Going Libertarian?
Libertarian legal ideas are gaining ground.
Janice Rogers Brown, America's Most Libertarian Federal Judge, Is Retiring
The possible replacements include Texas Supreme Court Justice Don Willett.
Gun Rights Groups in California Sue to Take Away Some Gun Rights from "Retired Peace Officers"
Exemption for former police and other types of government officials in Gun-Free School Zone Act violates equal protection of the law for other licensed gun carriers, suit argues.
3 Questions for SCOTUS Nominee Neil Gorsuch
What the Senate Judiciary Committee should ask the Supreme Court candidate.
When SCOTUS Stopped a Government-Led Attack on Freedom of the Press
Revisiting a landmark First Amendment case.
Trump Eyes Libertarian-Minded Texas Judge for Federal Court Vacancy
The Trump administration has two openings to fill on the U.S. Court of Appeals for the 5th Circuit.
Does Gorsuch Stand with Scalia on Sodomy Laws?
An issue the Supreme Court candidate should address.
Federal Judge Upholds Ban on Unlicensed African Hair-Braiding, Says Courts Must Show 'Great Deference' to Government Regulations
"This case illustrates the great deference that federal courts must show to government regulations," claims judge.
SCOTUS Could Issue Major Ruling on Affirmative Action This Week
A decision in Fisher v. University of Texas at Austin is expected soon.
Here's Why Ted Cruz Fought to Keep Sex Toys Illegal in Texas
The battle over state power, unwritten rights, and the 14th Amendment
How Antonin Scalia Shaped—and Misshaped—American Law
The late Supreme Court justice's mixed legacy on liberty and the Constitution
Today at SCOTUS: Affirmative Action on Trial
The Supreme Court hears arguments in Fisher v. University of Texas at Austin
At SCOTUS, Today's Dissent Can Become Tomorrow's Majority Opinion
Examining the role of dissenting opinions in U.S. legal history.
Birthright Citizenship Denial by Texas Officials Is Unconstitutional
And just plain mean-spiritedly stupid and wrong, too.
The GOP's Unconstitutional Attack on Birthright Citizenship
Why Donald Trump is wrong about the text and history of the 14th Amendment.
Kim Davis Has No Right to Impose Her View of Marriage on Others
The defiant clerk's defenders dangerously blur the distinction between private action and state action.
The New Republic Discovers the Libertarian Legal Movement
Libertarians are changing the face of legal conservatism.
Safeguards for Economic Liberty 'Spook the American Left'
Liberal hysterics in defense of occupational licensing and property seizures.
3 Ways Congress Can Protect Economic Liberty and Curtail Occupational Licensing Abuse
Protecting economic liberty from state infringement.
Ted Cruz Attacks SCOTUS for 'Judicial Activism,' Gets the Facts Wrong About Major SCOTUS Case
Was Lochner v. New York a "lawless" decision?
Libertarians, Conservatives, and 'Mischaracterizing' the 14th Amendment
Does the Privileges or Immunities Clause protect unenumerated rights?
Why the 14th Amendment Protects Economic Liberty
A further reply to conservative law professor Kurt Lash
Yes, the 14th Amendment Protects Economic Liberty
A reply to conservative law professor Kurt Lash.
Here's What John Roberts and Salon.com Have in Common
Conservatives and progressives share a common criticism of Justice Kennedy's gay marriage opinion.
No Solid Libertarian Argument Against Legalizing Same-Sex Marriage
The state should not be involved in marriage. But libertarians who think that this is all that need be said are wrong.
Liberal Pundit Fears 'Libertarian' Fallout from Pro-Gay Marriage Ruling by SCOTUS
The same individualistic jurisprudence that advances gay rights could also imperil "progressive" economic reforms.
How Libertarians Are Changing Conservative Views on Economic Liberty and the Constitution
The Cornell Law Review says libertarians are reshaping the conservative legal movement.
