The Court Swims in Political Seas
Constitutional law is made by a politically constructed institution
Constitution
To Defeat Trump, New York Times Columnist Argues, We Must Abolish Judicial Review
Jamelle Bouie's counterintuitive recommendation would effectively eliminate constitutional limits on elected officials, including Trump and every demagogue who follows him.
How Often Has the U.S. Supreme Court Upheld a Federal Law?
An awful lot, but who's counting?
How Often Has the U.S. Supreme Court Struck Down a Federal Law? Part II
More often than you might think
How Often Has the U.S. Supreme Court Struck Down a Federal Law?
Depends on who you ask.
A New History of Judicial Review
A new history of how the U,.S. Supreme Court has defined and enforced the limits of congressional power
Supreme Court Majority Speaks Against "Ahistorical Literalism"
From today's opinion by Justice Thomas, for the five more conservative members of the Court, in Franchise Tax Board v. Hyatt.
Let Midwives and Nurse Practitioners Provide First-Trimester Abortions, Says Federal Court
"First trimester abortions, which typically require only medication, do not require the onsite presence of a licensed physician."
Chicago Impounds Innocent People's Cars and Soaks Them in Fines. Now It's Getting Sued
Following a Reason investigation into Chicago's punitive vehicle impound program, a new lawsuit alleges the practice violates Chicagoans constitutional rights.
The Jurisdictional Nexus Act
Congress should fix its FGM statute—and all the other ones too.
Beto O'Rourke: U.S. 'Has Completely Forgotten Its Constitutional Responsibility to Lawfully Declare and End These Wars'
O'Rourke has long been a critic of U.S. intervention abroad.
Police Sicced a Dog on a Surrendering Man. Will the Supreme Court Review the Doctrine That Gave Them Immunity?
The ACLU wants the Supreme Court to revisit the notorious qualified immunity doctrine.
Rand Paul and Alexandria Ocasio-Cortez Found Something They Can Agree On
Both the libertarian-leaning Republican and the democratic socialist want Trump to withdraw U.S. troops from Syria.
Border Agents Detained a 9-Year-Old U.S. Citizen for 30+ Hours
It's wrong any way you slice it.
Scalia v. Epstein - 35 Years Later
Revisiting their debate on judicial protection of economic liberty.
A Tattooed Libertarian on the Arizona Supreme Court: Clint Bolick's Long Fight for Freedom
Q&A with the co-founder of Institute for Justice about immigration, his legal philosophy, his battles with Sheriff Joe Arpaio, and that tattoo.
Rudeness Isn't Illegal Says Sixth Circuit, In Case of Flipped-Off Cop Who Issued Ticket
Plus: Can sex workers ever trust Kamala Harris? Why do teens love Google Docs? And how is Tumblr faring without porn?
The Executive Power Clause—Crux of the Constitutional Settlement
The nation's force mustered in service of the nation's will.
James Madison on Abuse and Usurpation
An essential distinction for understanding problems vexing the constitutional order
In Giant Cross Case, Justices Struggle to Clean Up a 'Dog's Breakfast' of Confusing Precedents
The alternatives suggested by defenders of the monument do not seem much better.
Can a Giant Christian Cross Be Secular?
The challenge to a World War I memorial in Maryland illustrates the confusion caused by the Supreme Court's Establishment Clause cases.
Trump's Emergency Declaration May Be Legal, but It's an Affront to the Constitution Anyway
It's an attempt to make an end-run around congressional spending authority.
The Time for an All-Male Military Draft 'Has Passed,' Says Federal Judge: Reason Roundup
Plus: Silicon Valley is suspicious of media, Cory Booker calls for weed reform, and how to understand the "upper middle class"
Federal Court Rejects 'For the Children' Ban on Bare-Breasted Women: Reason Roundup
Plus: A judge says Jeffrey Epstein case was mishandled, and Andrea Dworkin is making a comeback.
How the Feds Are Using Civil Asset Forfeiture to Threaten Free Speech
Sex, publishing, and quasi-legal theft collide in the Backpage prosecution.
Trump's Phony Yet Legal Border Emergency
Congress seems to have authorized this end run around its spending power. Can it do that?
Once a Critic of Executive Power, Trump Is Now Taking Us Closer to Rule by Decree
Bargaining over policy is supposed to be frustrating. That's a feature, not a bug, of limited government.
Constitutional Liquidation
My latest article on James Madison and constitutional practice, with some criticisms and related links
Last Year Saw 'Furthest-Reaching Attempt to Censor Online Speech' Since the 1990s, Say FOSTA Challengers
As the lawsuit against FOSTA hits appeals court, three essays about the law that everyone should read.
Kavanaugh Gives Mixed Signals in First Supreme Court Abortion Ruling
In a 5-4 decision, the Court issued a temporary stay of a Louisiana law that could put abortion doctors out of business.
4 Cases That Show the Scope of Services, Speech, and Conduct Protected by Section 230
Gun buyers, gay lovers, cannabis customers, and Yelp users are just a few of the groups that benefit from this federal law.
The Next Attorney General Says He Won't Go After State-Licensed Marijuana Suppliers
William Barr does not like legalization but says Congress has to resolve the "untenable" conflict between state and federal law.
Judge Rules Police Cannot Require People to Unlock Their Own iPhones With Thumb or Iris
Compelled use of facial and finger recognition features runs afoul of the Fifth Amendment.
Are Boycotts Protected by the First Amendment?
Only if you like the cause they serve, according to supporters of laws that target the anti-Israel BDS movement
Washington Redefines All Semi-Automatic Rifles As 'Assault Weapons'
A ballot initiative that took effect this week bans sales to adults younger than 21.
Is There a First Amendment Right To Tell Your Team They 'Fucking Suck'?
Two brothers were arrested at a Giants-49ers game after cursing out and flipping off the Giants players. Now they're suing.
California Says Residents With Vacated Out-of-State Convictions May Not Own Guns
A federal lawsuit says the state is violating the Second Amendment by refusing to recognize the restoration of firearm rights by courts in other states.
Kansas Supreme Court Says Cops Can Search Your Home Without a Warrant If They Claim It Smells Like Pot
Cops supposedly smelled 25 grams of pot inside a plastic container inside a safe inside a closet 30 feet from a guy's doorstep.
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.
Your Right to Bear Nunchucks Is Safe
A federal court has struck down a New York ban inspired by kung fu movies.
Repudiating the 'Dual Sovereignty' Exception to the Double Jeopardy Clause Could Undermine the Federal War on Weed. Oh No!
The Supreme Court seems disinclined to overturn precedents allowing serial prosecutions of the same crime.
A Powerful Dissent Charges Judges Who Casually Uphold Magazine Restrictions With Disrespecting the Second Amendment
A 3rd Circuit judge says the decision approving New Jersey's 10-round limit treats the right to arms less seriously than other constitutional rights.
Stop Ignoring Double Jeopardy
The Supreme Court should reconsider the misbegotten "dual sovereignty" doctrine.
Profitable Penalties Imperil Justice
The Supreme Court should make it clear that state forfeitures are constrained by the Excessive Fines Clause.
First Amendment Victory for Strip Club Gives New Jersey Businesses the Right to Advertise a BYOB Option
A federal judge overturns a state ban on telling customers they can bring their own beer or wine.
What Constitutional Lawyers can Learn from Spiderman
Constitutional law could be improved by taking account of the principle that "with great power, comes great responsibility."
Is Originalism a Theory? Is Living Constitutionalism?
Legal scholar Eric Segall argues originalism doesn't qualify as a constitutional theory because originalists disagree on too many things. His case is overstated. But if it's correct, the same criticism applies to living constitutionalism.
Who Is Lawfully the Attorney General Right Now?
Why first principles suggest that Matthew Whitaker's acting appointment is invalid, but precedent and practice might suggest the opposite.
