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.
14th Amendment
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.
Liberal Pundit Says America Should 'Ignore' the 'Antidemocratic' Supreme Court. Should America Start By Ignoring Roe v. Wade?
A writer at Slate makes a left-wing case for judicial abstinence.
Challenge to California Prostitution Law Banned by Crowdfunding Site GoFundMe
The situation is common for projects even tangentially connected to sex work or adult entertainment. Guess who's to blame?
A Worthless Piece of Paper
If our rights come from the government, not within, then they are not rights, but permission slips.
When Judicial Activists Switched Sides
Deference to elected majorities was a Progressive ideal long before modern conservatives picked up the baton.
A Constitutional Case for Gay Marriage
The Equal Protection Clause demands equal treatment for same-sex couples.
