What Kristi Noem Gets Wrong About Habeas Corpus
The legal principle safeguards civil liberties, protecting even unpopular people from the government.
Constitution
Trump Says Birthright Citizenship Is Only 'About the Babies of Slaves.' Historical Evidence Says Otherwise.
The 1866 debate over birthright citizenship included a debate over immigration.
Federal Court Scraps Rule That Gagged Tennessee Civil Rights Attorney From Criticizing a Private Prison
For nearly three years, Daniel Horwitz faced contempt of court for talking about a private prison that was one of his most frequent courtroom opponents.
Trump's Case Against Birthright Citizenship Is a Constitutional Loser
The text and history of the Fourteenth Amendment run counter to Trump’s executive order.
The Court-Ordered Takeover of Rikers Shows the Crisis in American Prisons and Jails
A federal judge finally acknowledged that New York City won't fix the constitutional crisis at Rikers on its own, but the problem goes far beyond New York City.
Judge Orders Tufts Grad Student Rumeysa Ozturk Be Released on Bail From Immigration Detention
Ozturk's continued detention "potentially chills the speech of the millions and millions of people in this country who are not citizens," said U.S. District Judge William K. Sessions III.
Can the President Refuse To Spend Money Authorized by Congress?
Impoundment, line-item vetoes, and the tricky problem of cutting spending through the executive branch
Federal Judge Rules Trump's Alien Enemies Act Proclamation Is Unlawful
The Trump-appointed judge found that the administration's use of the Alien Enemies Act "exceeds the scope of the statute and is contrary to the plain, ordinary meaning of the statute's terms."
Justice Department Memo Claims Alien Enemies Act Allows Warrantless Home Searches and No Judicial Review
The memo says "Alien Enemies" aren't subject "to a judicial review of the removal in any court of the United States."
Is This Constitutional? Here's How Due Process Works
It appears many people are now eager to dispense with due process.
The Trump Administration Continues To Attack Due Process
"We have thousands of people that are ready to go out, and you can't have a trial for all of these people," Trump said.
Why Due Process Matters
Plus: A listener asks who was the better president: Trump or Obama?
6 Cases That Paved the Road to Mass Incarceration
In Justice Abandoned, a law professor argues that the Court got these key decisions wrong.
What Happens When Presidents Defy Court Orders?
“The Executive will lose much from a public perception of its lawlessness and all of its attendant contagions.”
Federal Appeals Court Rejects Trump Administration's Attempt To Block Return of Kilmar Abrego Garcia
"This should be shocking not only to judges, but to the intuitive sense of liberty that Americans far removed from courthouses still hold dear," Judge J. Harvie Wilkinson warned.
The Man Who Fought Chicago for His Cadillac—and Never Got It Back
Spencer Byrd's case helped spark reforms and a federal lawsuit, but he died before seeing justice.
Stephen Miller Egregiously Misrepresented a Supreme Court Order While Trump Nodded Along
No, the Supreme Court did not give Trump free rein in the case of a wrongly deported man.
ICE Retracts Threat To Stop Illegal 'Ideas' at the Border
The pro-censorship post was quite the Freudian slip from the Trump administration.
Supreme Court Unanimously Orders Trump To 'Facilitate' the Return of Wrongly Deported Man
Trump lost on his most aggressive claims of executive power for the second time in a week.
John Roberts Only Postponed the Bigger Fight Over Trump's Deportations
The Supreme Court did not answer two of the biggest legal questions raised by Trump’s invocation of the Alien Enemies Act.
Border Cops Try To Make an End Run Around Attorney-Client Privilege
Detroit lawyer Amir Makled has confidential client data on his phone. That didn’t stop U.S. Customs and Border Protection from trying to search it.
The FBI Wrongly Raided a Georgia Family's Home. Now Their Case Is Going to the Supreme Court.
A federal court ruled Trina Martin could not sue the government after agents burst into her home and held an innocent man at gunpoint.
Trump's Tariffs Violate the Constitutional Separation of Powers
The Supreme Court has ample precedent to rule against Trump’s trade war.
Trump's Use of the Alien Enemies Act Violates Madison's View of Presidential Power
Alleged criminal aliens may face legal punishment. But only after receiving due process of law.
What Trump Should Learn From the Impeachment of Justice Samuel Chase
Trump wants to purge the federal bench of judges who disagree with him. Thomas Jefferson did too, and it didn't work out.
Trump's Attack on the Courts Channels the Worst of Theodore Roosevelt
An unconstitutional act is still unconstitutional even if lots of people support it.
The Atlantic Should Not Find Out About a War Before Congress Does
The White House accidentally leaked military plans in Yemen to a journalist—and demonstrated how unconstitutional U.S. war making has become.
Federal Judge Blocks Texas A&M From Banning Drag Shows
The judge ruled that Donald Trump and Texas Gov. Greg Abbott's executive orders targeting "gender ideology" can't change the fact that drag performance is expressive conduct under the First Amendment.
The FBI Seized This Woman's Life Savings—Without Telling Her Why
Linda Martin's lawsuit alleges that the agency violated her right to due process when it took her $40,200 and sent her a notice failing to articulate the reason.
Miami Beach Mayor Withdraws Bill To Evict Theater for Screening No Other Land
The attempt to retaliate against a cinema for screening a documentary on the Israel-Palestine conflict drew national condemnation from civil rights groups and filmmakers.
Back to Work
Plus: Who's in charge of DOGE, protests over Israel's renewed assault on Gaza, and a tribute to the life of Manuel Klausner.
No Other Land Won an Oscar. Miami Beach's Mayor Is Trying To Evict a Movie Theater for Screening It
Miami Beach Mayor Steven Meiner says "disseminating antisemitism" in a taxpayer-owned building is "unjust to the values of our city and residents and should not be tolerated."
Preserve the Mercy of Pardon Power, Even If Presidents Misuse It
While overturning sentences through courts can take years, a grant of clemency is instantaneous.
The FCC and Its Private Taxman Go to Court
FCC v. Consumers’ Research could dismantle a massive slush fund run by unelected regulators and industry insiders.
FIRE Files First Amendment Lawsuit Challenging Texas A&M Drag Show Ban
Texas A&M's Board of Regents voted to ban drag shows on the grounds that they objectify women and violate state and federal policies against promoting "gender ideology."
DOGE Goes Deep State
A smaller government with a more powerful set of unaccountable executive officials is unlikely to be much of a win for liberty.
Trump Tests the Limits of Executive Orders
Making policy and passing laws is supposed to be difficult and should be left to the messy channels established by the Constitution.
Tennessee Supreme Court Rules State Can Revoke Personalized '69' License Plate Because It's Government Speech
Most courts have ruled that vanity license plates are private speech and protected from viewpoint discrimination under the First Amendment.
No One Cares When Presidential Advisers Want Bigger Government
Elon Musk's vague White House role is only controversial because he's trying to slash bureaucracy.
Is the Jones Act Unconstitutional?
The law is wasteful and protectionist. Now, a new lawsuit argues that it is unconstitutional too.
The Sunny Side of Donald Trump's Power Grabs
The president is positioning himself to have much greater control over a smaller, enfeebled federal bureaucracy.
Randy Barnett: How Legal Is Trump's Agenda?
Georgetown constitutional law professor Randy Barnett discusses the legality of DOGE, Trump's executive orders, and birthright citizenship.
What Is the SEC Hiding?
To settle with the Securities and Exchange Commission, you must swear silence.
The Government Says Money Isn't Property—So It Can Take Yours
In a jaw-dropping argument, the Department of Justice claims seizing $50,000 from a small business doesn’t violate property rights because money isn’t property.
Trump's Citizenship Decree Signals His Willingness To Flout the Constitution
The executive order contradicts the 14th Amendment and 127 years of judicial precedent.
