The Math Does Not Favor Avoiding Senate Scrutiny of Trump's Bizarre Cabinet Picks
Several Republican senators have said they are not inclined to abdicate their "advice and consent" role in presidential appointments.
Constitution
Justice Department Finds 'Dehumanizing' Filth and Violence at Atlanta Jail Where Man Died Covered in Bugs
Justice Department investigators found squalid living conditions, unchecked violence, and illegal mistreatment of minors and mentally ill inmates.
Abolish the IRS—and the Income Tax Too
Americans spent an estimated $133 billion and 6.5 billion hours filing their tax returns in 2024.
In Praise of Ignoring Facts: A Review of Jack Balkin's "Memory and Authority"
Why constitutional theory needs more theory.
Want To Lower the Political Temperature? Make the Presidency Less Important
Congress needs to reassert its powers and bring the imperial presidency back down to earth.
Weed Shops Deserve Due Process, Says Judge
Plus: Andrew Cuomo's potential prosecution, Texas death blamed on abortion ban, and more...
Trump Is Not Thoughtful Enough To Be a Fascist
The Republican presidential candidate’s views do not reflect any unifying principle other than self-interest.
Last Night's Presidential Debate Was Refreshingly Strange and Earnest
Chase Oliver, Jill Stein, and Randal Terry fiercely debated whether the government should get much smaller, much larger, or much holier.
The Presidential We
How U.S. presidents habitually use—and abuse—pronouns to deceive.
Nashville Attorney Sues Federal Judges Over Gag Order Barring Him From Talking About a Notorious Prison
Daniel Horwitz often represents people illegally silenced by the government. This time he says a court violated his First Amendment rights when it gagged him from publicly speaking about a troubled state prison.
Review: A Radical Libertarian Lawyer Charts His Evolution
Randy Barnett developed an influential form of constitutional originalism.
This Nebraska Man Almost Lost His Home and All of Its Equity Over a Small Tax Debt. He Just Won in Court.
Kevin Fair fell behind on his property taxes in 2014. The local government eventually gave a private investor the deed to his home.
When Attacks on Anarchists Accidentally Improved Free Speech Law
After the crackdown on anarchists died down, it became more difficult to imagine anyone could go to jail in America solely for political heresy.
Lawsuit Claims Indiana Unconstitutionally Seizes Millions in Cash From FedEx Packages Every Year
The Institute for Justice says Indianapolis police and prosecutors are exploiting one of the biggest FedEx hubs in the U.S. to seize cash for alleged crimes they never explain.
The FBI Raided This Innocent Woman's House. Will She Ever Get Justice?
Thus far, the courts have barred Curtrina Martin from asking a jury for damages. She is appealing to the Supreme Court.
Tim Walz Is Against Unaccountable Wars—but He Voted To Fund Them Anyways
While the former congressman cares a lot about war powers, he has often flip-flopped on actually enforcing Congress’ red lines.
New Bill Would Revive the Right To Sue Federal Cops for Constitutional Violations
The Supreme Court created, then gutted, a right to sue federal agents for civil rights violations.
Randy Barnett: Originalism, Obamacare, and the Libertarian Movement
Libertarian legal giant Randy Barnett on his epic Supreme Court battles, the Federalist Society, and watching movies with Murray Rothbard.
The Federal Trade Commission Needs To Stay in its Lane
Recent actions by the FTC show that its officers should review the Constitution.
The Best of Reason: Congress 'Can Regulate Virtually Anything'
How legislators learned to stop worrying about the constitutionality of federal drug and gun laws by abusing the Commerce Clause.
Podcast Interview With Jay Nordlinger of National Review
Nordlinger's questions and my answers covered a wide range of topics on law, public policy, and more.
Federal Appeals Court Upholds Mississippi's Jim Crow–Era Felon Voting Ban
"In short, 'cruel and unusual' is not the same as 'harmful and unfair,'" the court wrote.
Congress 'Can Regulate Virtually Anything'
How legislators learned to stop worrying about the constitutionality of federal drug and gun laws by abusing the Commerce Clause
9th Circuit Rejects Qualified Immunity for Honolulu Cops Who Handcuffed 10-Year-Old Girl
Officers should have known that handcuffing a compliant 10-year-old is unnecessary, the court ruled.
Why Are Liberals Suddenly Denouncing the Right to a Jury Trial?
Justice Sonia Sotomayor called the Supreme Court ruling in SEC v. Jarkesy "a power grab." She's right, but in the wrong way.
The Supreme Court Isn't as Radical as You Think
There is a great deal of panic surrounding the "extreme" nature of the current Court. But that is often not based in reality.
The Supreme Court May Be on the Brink of Radically Restricting Bureaucrats' Power
Chevron deference, a doctrine created by the Court in 1984, gives federal agencies wide latitude in interpreting the meaning of various laws. But the justices may overturn that.
A Florida Man Was Arrested for Filming Marion County Sheriff's Deputies. Now He's Suing.
Numerous federal appeals courts have ruled that filming police is protected under the First Amendment, but police continue to illegally arrest people for it.
Justice Department Says Phoenix Police Violated Rights of Children, Minorities, Protesters, Homeless People
Phoenix police are trained that "deescalation" means overwhelming and immediate force, whether or not it's necessary.
The NRA's Unanimous Supreme Court Victory Is Good for Free Speech—No Matter How You Feel About Guns
The ACLU, another polarizing organization, was willing to defend the NRA in court. That should tell you that some things aren't partisan.
'An Embarrassing Mistake': Neil Gorsuch Rails Into Florida's Use of 6-Person Juries
The Sixth Amendment was originally seen as vital to preserving liberty. Yet it has been consistently watered down.
A Cop's Corruption Allegedly Cost an Innocent Man 2 Years of His Life. Should She Get Qualified Immunity?
Judge Carlton Reeves ripped apart the legal doctrine in his latest decision on the matter.
Can This Woman Sue the Rogue Prosecutor Who Allegedly Helped Upend Her Life?
Prosecutor Ralph Petty was also employed as a law clerk—by the same judges he argued before.
Dobbs and the Originalists
Why originalist criticisms of Dobbs often misfire, and why criticisms *of* Dobbs's originalism often misfire too.
An American Gangster at 100: J. Edgar Hoover's Authoritarian Legacy
Hoover’s reign at the FBI compromised American civil liberties and turned the FBI into America's secret police.
Supreme Court Rules No Due Process Right to Preliminary Hearings in Civil Asset Forfeiture Cases
The cars of two Alabama women were seized for more than a year before courts found they were innocent owners. The Supreme Court says they had no constitutional right to a preliminary hearing.
This Student Was Allegedly Suspended for Saying 'Illegal Aliens.' Did That Violate the First Amendment?
Christian McGhee is suing, arguing a North Carolina assistant principal infringed on his free speech rights.
El Salvador's New Congress Strengthens Bukele's Grip on Power
With 54 out of 60 seats in Congress, President Nayib Bukele’s party holds significant influence over legislative decisions.
The Alarming Implications of Trump's Immunity Claim
The Supreme Court will decide whether former presidents can avoid criminal prosecution by avoiding impeachment and removal.
Does the Constitution Protect the Right To Get High?
Columbia law professor David Pozen recalls the controversy provoked by early anti-drug laws and the hope inspired by subsequent legal assaults on prohibition.
This Tax Week, Remember That the Federal Income Tax Is Relatively New
There are many pervasive myths about the U.S. tax code. Here are a few.
Social Media Platforms Have Property Rights Too
The push to regulate social media content infringes on rights guaranteed by the Fifth Amendment.
Are U.S. Strikes on Houthis Constitutional?
Joe Biden is the latest of a string of presidents to deny Congress its rightful role in war making.
Federal Appeals Court Says Texas Inmate's Decade-Long Lawsuit Over Sleep Deprivation Can Keep Going
Michael Garrett and other Texas inmates get less than four hours of sleep a night. He argues it's cruel and unusual punishment.
Study Estimates Nearly 96% of Private Property Is Open to Warrantless Searches
The Institute for Justice says its data show that a century-old Supreme Court doctrine created a huge exception to the Fourth Amendment.
