From Bork to Willett: Is the Conservative Legal Movement Going Libertarian?
Libertarian legal ideas are gaining ground.
Constitution
Ruling Against Facebook Ban Suggests Trump's Twitter Blocks Are Unconstitutional
A federal judge says personal pages used for public purposes implicate the First Amendment.
Republican-Appointed Judge Backs Gun Control Law, Says 'Firearms Regulation Requires Ample Deference' from Courts
Is gun control a political thicket that unelected judges should not enter?
Pennsylvania Supreme Court Recognizes Sex Offender Registration As Punitive
The court says retroactive application of the requirements violates the constitutional ban on ex post facto laws.
Federal Judge Stays California Confiscation of Magazines Holding More than 10 Rounds
This confiscation, even beyond Second Amendment concerns, amounts to an unconstitutional taking of personal property.
Trump's Travel Ban Is Legal but Dumb
Irrational, half-baked anti-terrorist policies are not necessarily unconstitutional.
Politicians Choosing Their Voters vs. Voters Choosing Their Politicians
The Supreme Court to decide if gerrymandering is unconstitutional
Trump's Pick for 'Regulatory Czar' Ain't Bad
Neomi Rao wants to keep an eye on the regulators.
Is There a First Amendment Right to Follow the President on Twitter?
Blocked Trump critics argue that his personal account is a "designated public forum" from which they cannot legally be excluded because of their views.
4th Circuit Exaggerates the Ambiguous Evidence Against Trump's Travel Ban
Which is more important to the president: hurting Muslims or looking tough on terrorism?
Trump's Diminishment of the Presidency Is Healthy, Not Scary
The checks and challenges invited by the president's "serial recklessness" should be welcomed.
How To Impeach the President (Or Not)
It's more complicated than you think and one method involves a constitutional amendment invoked when presidents get colonscopies.
The Birth of the Living Constitution
Should we interpret the Constitution as a living document?
Carrying a Gun Does Not Justify Detention, Indiana Supreme Court Says
Since possessing a firearm in public may be perfectly legal, more is required for a police stop.
You Want Checks and Balances? Stop Ignoring the Constitution When You're in Power
Once the trust in checks and balances is eroded, it's difficult to regain.
After Comey Firing, Congress Gives Up on Checks and Balances
It's time to bring back meaningful Congressional oversight of the executive branch.
Trump's Medical Marijuana Threat Contradicts the Law and His Own Position
A signing statement suggests the president may ignore a congressional rider protecting patients' access to cannabis.
No, Trump Won't Change the First Amendment, But It Matters That People Want To
Government censorship always wears the mask of 'public interest,' and this will be no different.
Howard Dean's New Excuse for Censoring Ann Coulter: She Incites Violence
A First Amendment lawsuit explains why Dean is wrong to think Berkeley's cancellation of Coulter's speech was constitutionally unproblematic.
Howard Dean Says Ann Coulter Can Be Censored Because Them's Fightin' Words
The former DNC chairman's First Amendment analysis is spectacularly wrong.
Gorsuch Is More Liberal Than Garland
For civil libertarians, the newest Supreme Court justice is better than the nominee who never got a hearing.
Will a Constitutionally Questionable Doctrine Save Trump's Travel Ban?
The justices could choose to look the other way because of the plenary power doctrine.
Federal Judge Says Molestation Law Criminalizing Diaper Changes Violates Due Process
Arizona is the only state that does not require proof of sexual intent to convict someone of molesting children.
Democrats Falsely Claim Gorsuch Resists Endorsing Landmark Desegregation Ruling
The SCOTUS nominee called Brown v. Board of Education "one of the shining moments in constitutional history."
SCOTUS Agrees That a Ban on Credit Card Surcharges Regulates Speech
New York merchants are challenging a state law that dictates the way they describe prices.
Chuck Schumer's Indecent Attacks on Neil Gorsuch
The Senate minority leader can reject a Supreme Court nominee for any reason he wants, or even none at all.
The Dubious Premise of the TRO Against Trump's Revised Travel Ban
Trump's main goal is looking tough, not discomfiting Muslims.
Another Blow Against the Petty Tyranny of Blue Laws
Minnesota becomes the 39th state to allow Sunday liquor sales.
The Lingering Impact of Justice Kennedy's Trumpesque Claim About Sex Offenders
Courts assume a "frightening and high risk of recidivism," based on an unsupported claim in Psychology Today.
America 'Not the World's Lawgiver,' Justice Thomas Protests in 'Dracula' Sex-Trafficking Case
Can U.S. courts compel non-citizens to pay restitution to other non-citizens for crimes that took place abroad? Apparently so.
Trump's New, Less Objectionable Travel Ban Expected Today
The order reportedly exempts visa holders and Iraqis as well as legal permanent residents.
Ferguson Protesters Who Challenged Law Prohibiting 'Interfering With Police' Lose in Court
Circuit court judge rules St. Louis County ordinance to be "not unconstitutionally vague or overbroad."
Illinois Appeals Court Says Banning Sex Offenders From Parks Is Unconstitutional
The court says the law "bears no reasonable relationship to protecting the public."
4th Circuit Upholds Maryland's 'Assault Weapon' Ban
The appeals court says the prohibited guns and magazines are outside the scope of the Second Amendment.
NRA-Backed Law Violates the First Amendment in the Name of Protecting the Second
The right to armed self-defense is not a license to muzzle nosy doctors.
3 Changes We Are Likely to See in Trump's Revised Travel Ban
What will the president do to address the 9th Circuit's due process concerns?
White House Adviser Revises History in Defense of Trump's Travel Ban
Stephen Miller falsely claims "legal permanent residents were not subject to the travel restrictions."
Shouldn't the DOJ Know About Terrorists From Countries Covered by Trump's Travel Ban?
The government's failure to cite relevant examples helped ensure its defeat.
Why the 9th Circuit Refused to Reinstate Trump's Travel Ban
The appeals court thinks many people affected by the executive order have plausible due process claims.
Even John Yoo Is Offended by Trump's Broad View of Executive Power
A vigorous advocate of presidential prerogatives says Trump's promises regarding NAFTA, tariffs, and a border wall exceed his authority.
Foreign Policy is Not For the Courts to Determine
The federal judge who halted President Trump's travel ban overreached.
Flustered DOJ Lawyer Says 'We're Doing the Best We Can' to Justify Trump's Travel Ban
In an appeals court hearing, the government struggles to provide evidence that the executive order addresses "a real risk."
Trump's SCOTUS Nominee Is No Rubber Stamp
Unlike the president, Neil Gorsuch understands the role of an independent judiciary.
Despite the TRO, the Legal Arguments Against Trump's Immigration Order Are Iffy
The travel ban is unfair and illogical, but that does not make it illegal.
Neil Gorsuch Sympathizes With Drug Dealers
The SCOTUS nominee plumbs the peculiarities of prohibition in cases involving imitation pot and medical marijuana.
Terrorism and Liberty in the Trump Era
Terrorism is only a real threat if it frightens us into destroying our liberties.
