Sure Merrick Garland is Qualified But That's Not Enough
Randy Barnett of Georgetown University Law Center says we need to look beyond qualifications to judicial philosophy.
Constitution
Randy Barnett: How To Secure Our Liberty Through "Our Republican Constitution"
The intellectual leader of the libertarian legal movement talks about Donald Trump, Ted Cruz, third parties, Merrick Garland, and how to roll back the state.
Donald Trump: Security, Health Care, and Education Top Three Roles for Federal Government
Your Republican frontrunner
Abortion Doctors in Alabama Don't Need Hospital Admitting Privileges
"Thousands of women per year" would be "unduly burdened" by the requirement, says a federal judge.
The Fourth Branch of Government is Out of Control
Regulators and other bureaucrats form a fourth branch of government with elements of the other three, but little public influence.
SCOTUS Turns Away Oklahoma and Nebraska's Challenge to Legal Pot in Colorado
Perturbed by smuggling, the two states had demanded an end to their neighbor's licensing and regulation of marijuana merchants.
Cruz's Constitutionalism Trumps Trump's Trumpism
Why the Texas senator is the least scary of the remaining major-party candidates
Obama Administration to Expand Unconstitutional Warrantless NSA Spying on Americans
The new surveillance rules have nothing to do with stopping terrorism.
Trump Is Right About Cruz's Presidential Eligibility
The meaning of "natural born citizen" remains unsettled.
Bans on Bondage and Spanking During Sex Could Be OK, Says Federal Court
Think states can't criminalize consensual BDSM activity? Think again.
Hints That SCOTUS May Overturn the Texas Abortion Law
Anthony Kennedy, the swing vote, suggests an "undue burden" on abortion rights can hinge on the strength of the state's justification.
If Trump Wins, Libertarian Legal Scholar Randy Barnett Wants a New Party
Says it will be time for an "American Constitution Party." Isn't it *always* time for an American Constitution Party?
Americans Have Always Been Obsessed With National Security
Since the beginning of the republic, nationalists have warned that because America is exceptional, it faces constant danger.
Scalia on Drugs
Cases involving drug prohibition reveal the late justice's fickle fidelity to the Fourth Amendment and federalism.
Scalia's Mixed Drug War Record
Drug cases show the late justice's fickle fidelity to the Fourth Amendment and federalism.
Justice Scalia Liked the Court. He Loved the Constitution.
Law students jokingly called him the pope of originalism, a phrase he loved.
Scalia's Liberal Tendencies
The late Supreme Court justice was inaccurately described as "authoritarian."
Lawsuit Says 'Scarlet Letter' Passports for Sex Offenders Are Unconstitutional
A new law imposes an international stigma on people who pose no threat to public safety.
Meet Clint Bolick, Libertarian Lawyer Turned Arizona Supreme Court Justice
The newly appointed justice talks law, politics, immigration, and why he got "visibly tattooed."
Why Rand Paul's Exit Is Bad News for the Future of the Supreme Court
Paul challenged the reigning legal orthodoxies on both the left and the right.
Revisiting the U.S. Constitution
Why should libertarians celebrate the blueprint that made powerful government possible?
'Stalemate' Over Porn Condom Law in Los Angeles
But with the L.A. law unenforceable, anti-porn activists are pushing work-safety inspectors to punish film companies and gearing up for a state ballot fight.
Trump Is Right About Cruz's Presidential Eligibility
After many years of debate, the meaning of "natural born citizen" remains unsettled.
Lawsuit Filed Over Obama's Executive Actions on Guns
Freedom Watch's Larry Klayman claims Obama's proposed changes to gun dealer and mental health definitions violate Second Amendment rights and administrative procedure laws.
Does Sarah Palin's Endorsement of Donald Trump Mean the Tea Party Is (or Should Be) Dead?
Not so fast, say Thomas Massie, Justin Amash, and Matt Kibbe
When Should the Supreme Court Overturn One of Its Own Precedents?
SCOTUS weighs stare decisis in Friedrichs v. California Teachers Association.
How Do You Like Greg Abbott's New, Improved Constitution?
The Texas governor suggests nine amendments "to restore the rule of law."
Libertarian Lawyer Clint Bolick Appointed to Arizona Supreme Court
Gov. Doug Ducey makes his first appointment to the state's highest court.
5 Major Abortion Conflicts Brewing for 2016
The upcoming year promises to be a big one for reproductive-liberty issues. Here are five major conflicts to keep an eye on.
What Would 9/11 Have Been Like Without the Constitution? Look at France
Socialist government likely to amend French constitution to extend state of emergency, strip citizenship of convicted dual nationals
Solicitor General Says SCOTUS Shouldn't Hear Challenge to Marijuana Legalization
The Obama administration says Nebraska and Oklahoma have not described a genuine controversy with Colorado.
Yale Students Totally Cool With Repealing the First Amendment
Watch students at Yale University sign a petition to repeal the First Amendment.
Wisconsin Law Requiring Hospital Privileges for Abortion Doctors Ruled Unconstitutional
Admitting privileges rule can't "be taken seriously as a measure to improve women's health," says federal appeals court.
Belief in a Sky God Does Not Qualify Ted Cruz to Hold the Office of President
Constitution: No religious test shall ever be required as a qualification to any office or public trust under the United States
Today at SCOTUS: The Sixth Amendment, Asset Forfeiture, and the Right to Counsel
The Supreme Court hears oral arguments in Luis v. United States.
Las Vegas Cops Pay Out After Unconstitutional Prostitution Stop
City pays more than $80,000 to woman detained and searched in The Cosmopolitan casino.
At SCOTUS, Today's Dissent Can Become Tomorrow's Majority Opinion
Examining the role of dissenting opinions in U.S. legal history.
How Should Libertarians Think About Intellectual Property?
Brink Lindsey, Sasha Moss, Wayne Brough, Eli Dourado, and Nick Gillespie talk patents and copyrights in the digital age.
Post-Newtown "Assault Weapon" Laws in Connecticut, New York Upheld
Second Circuit finds "intermediate scrutiny" of laws impacting Second Amendment allows full ban of certain weapons to pass constitutional muster.
Huckabee: Refusing Gay Marriage Licenses Is Like Allowing Pot Sales
Why legalized marijuana is not "the same as Kim Davis"
Yes, the Second Amendment Protects Individual Rights
What The New Yorker gets wrong about guns and the Constitution.
New York Times Prefers John Roberts Over His Libertarian Critics
Liberal pundit alarmed by competing versions of legal conservatism.
Driver Arrested for Profanely Protesting Speeding Ticket Can Sue Prosecutor
A federal judge says ADA Robert Zangala should have known "fuck your shitty town bitches" was protected speech.
A Guide to Supreme Court Vacancies for GOP Candidates
"Reject clichéd calls for 'judicial restraint'"
Rand Paul Is Wrong About Kim Davis
By refusing to issue marriage licenses to gay couples, the Kentucky county clerk is not "exercising [her] religious liberty."
