Supreme Court Sets the Stage for a More Important Immigrant Detention Fight
Indefinite detention carried the day in Jennings v. Rodriguez, but the ruling affirms an important principle that may eventually kill the practice.
Constitution
Thoughts on the New Constitutional Case Against Obamacare
20 states are right to claim that the mandate is now unconstitutional, but wrong to argue that this requires invalidating the entire Affordable Care Act.
Supreme Court's Silence Clouds Gun Control Debate
The justices have passed up one opportunity after another to clarify the boundaries of the constitutional right to arms.
More Perfect Season 2: Advocacy Masquerading as Explanation
Libertarians should listen to the second season of NPR's legal podcast. But maybe get a pillow to scream into first.
Ban on Guns Near Parks Violates the Second Amendment, Illinois Supreme Court Says
The state's 1,000-foot rule made accidental felons out of people carrying firearms for self-defense.
Felons Who Want Their Voting Rights Back Are Getting Unconstitutionally Screwed, Says Judge
The state uses a panel of partisan officials with absolute discretion to determine who gets to vote again
When the Constitution Was 'At War With Itself,' Frederick Douglass Fought on the Side of Freedom
A new appreciation of the great abolitionist on the 200th anniversary of his birth.
Consumer Financial Protection Bureau
CFPB Is Constitutional, Court Rules, in Victory for Unaccountable Bureaucrats Everywhere
The D.C. Circuit says the structure of the Consumer Financial Protection Bureau is OK.
Why Are Previously-Convicted Felons Denied the Right to Vote?
Florida voters are set to consider deleting a provision in the Florida Constitution depriving convicted felons of the right to vote. It's about time.
Yes, the Positive Law Model of the Fourth Amendment is Originalist
Orin asked me to correct the record; I'm correcting it.
University of Chicago Law Review Special Issue on Justice Scalia
Featuring the Solicitor General of the United States, Judge Amy Barrett, many others, and ... me.
Book recommendations from me and my colleagues
Time travel and originalism (not in the same book!)
Trump's Executive Order on Sanctuary Cities Flunks the Constitutional Test
Why the Trump administration lost in federal court.
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.
Prohibited Pony Protest at Clinton Event Spurs Vermin Supreme Speech Suit
"No pony has ever attacked an American politician," the lawsuit notes.
The Senate Democrats' Pathetic Attack on Justice Don Willett
The 5th Circuit nominee faces the Senate Judiciary Committee.
No, The Electoral College Isn't Rigged to Favor Rural Trumpism
It's time to put the myth of electoral bias out of its misery.
Does the Commerce Clause Empower Congress to Regulate Every Living Thing?
A potential Supreme Court case challenges federal protection of an intrastate species with no commercial value.
Constitutional Conservatives for Defrocked Judges
Ted Cruz joins Rand Paul and Mike Lee in enthusiastically endorsing lawless jurist Roy Moore.
Federal Court Ponders Constitutionality of Prostitution Ban
A right to engage in prostitution seems like "a natural extension of Supreme Court precedent," says judge.
Trump Calls the Congressional GOP's Bluff
From Iran to Obamacare to DACA, the president is acting on what Republicans have long promised, in a way that rightly devolves power to the legislative branch.
'Administrative State Is THE Leading Threat to Civil Liberties of Our Era.'
Columbia's Philip Hamburger says this "monarchical" system of government grew in power just as blacks and women saw an expansion of their voting rights.
Supreme Court Considers: Can Cops Arrest You for Going to a Party Where You Don't Know the Host?
The case has already produced some fun SCOTUS banter. It could have major consequences for due process and police accountability.
Do Abortion Rules Violate Satanists' Religious Freedom? Missouri Supreme Court to Decide
The rules' purpose is to "indoctrinate pregnant women into the belief held by some...Christians that a separate and unique human being begins at conception" said appeals court.
Left Loses its Mind Over Jeff Sessions Memo That Brazenly Restates Existing Law
This country has a long history of protections for freedom of conscience.
D.C. Circuit Won't Reconsider Decision Upholding the Right to Be Armed in Public
The vote confirms a split that invites the Supreme Court to settle the issue.
To Commemorate Constitution Day, Princeton Professor Says 'F%*# Free Speech'
The academy, the director of the African Studies program contends, has never considered speech a central value.
More Than a Third of Americans Have No Idea What the First Amendment Says
And 20 percent don't know atheists have the same rights as everyone else.
Mississippi's Jump-Out Boys
The police punish people for living in a bad neighborhood.
Rand Paul: 'I Think President Trump's Instincts Are Still Leaning Against Major Involvement in Foreign War With Great Land Forces'
Kentucky senator talks about his vote on intervention-authorizations, says John McCain "has never met a war he wasn't interested in getting the U.S. involved in," and worries about "these generals whispering in" Trump's "ears every day."
Justin Amash and Rand Paul Talk Congressional Pushback on SiriusXM Insight from 2-4 p.m. ET
Matt Welch interviews the libertarian-leaning legislators, as well as Emily Yoffe and Eli Lake, on Channel 121
'I'm Appalled,' Says Source of Phony Number Used to Justify Harsh Sex Offender Laws
Claims of "frightening and high" recidivism rates, endorsed by the Supreme Court, have no basis in fact.
Watch Rand Paul Urge Congress to Stop Letting the President 'Do Whatever He Wants' in War
"The neoconservatives and the neoliberals believe the president has unlimited authority," senator complains during unsuccessful attempt to repeal the post-9/11 authorizations for the use of military force.
Juror Rights Pamphleteer Says Prosecutors Twisted the Law to Silence Him
Michigan activist Keith Wood argues that his jury tampering conviction violated the First Amendment.
Actors Guild Fights to Make Outing Entertainers' Ages a Crime
SAG-AFTRA and the State of California claim websites like IMDb have a proactive duty to help actors hide their ages from casting directors.
For Sex Offenders, Registration Is Punishment
A federal judge rules that Colorado's online database violates the Eighth Amendment.
James Madison Would Love Sanctuary Cities
Federalism is alive and kicking in the age of Trump.
Trump Pardons America's Worst Lawman, Sheriff Joe Arpaio
The notorious former Maricopa County, Arizona, sheriff was held in contempt by a federal judge.
From Bork to Willett: Is the Conservative Legal Movement Going Libertarian?
Libertarian legal ideas are gaining ground.
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
