The Biden Administration Sues Over Missouri's Pro–Second Amendment Law
Plus: An antitrust lawsuit against Juul was dismissed, the EARN IT Act's sponsor has a new proposal, and more...
Constitution
Walter Dellinger, RIP
Dellinger was a famed constitutional law scholar at Duke University, and also held important positions in government during the Clinton Administration.
Expanding Our Understanding of the Revolution
Despite all the controversy it has courted, Woody Holton's newest book doesn't stray very far from other scholarly interpretations of the American Revolution.
Texas' 6-Week Abortion Ban Threatens Every Constitutional Right
If it is upheld, state legislators easily could use the strategy embodied in S.B. 8 to attack other rights the Supreme Court has recognized.
The Case for an "Immigration Freedom Amendment"
Conservative Boston Globe columnist Jeff Jacoby makes the case for a constitutional amendment severely limiting the government's power to exclude immigrants.
Without Promising Alternatives to the 'Viability' Rule, the Supreme Court Seems Inclined to Ditch Its Abortion Precedents
The justices may find it difficult to uphold Mississippi's abortion ban without overturning Roe v. Wade.
Can SCOTUS Draw a New Line on Abortion?
The "viability" rule is arbitrary. So are the alternatives.
A Call For Papers: The Reconstruction Amendments
Come present at the first conference held by the Constitutional Law Institute at the University of Chicago
The Texas Abortion Ban Is a Roadmap to Privatized Oppression
Even justices who take a dim view of Roe v. Wade recognize the law’s chilling implications.
Democrats' Proposed 'Billionaire Tax' Is Definitely a Wealth Tax, and It May Be Unconstitutional
Imposing a wealth tax may not even be among the enumerated powers of Congress.
Way Too Many People Want an All-Powerful President
Rather than fighting for power, Americans should ignore each other and go about their lives.
Court 'Won't Sanction One More Day' of Texas Abortion Law
Plus: Twitter's new trigger warnings, good news for food freedom, and more...
Abortion Ban Stimulates Interstate Travel, Says Texas
Plus: Government shutdown, demographic diversity in rural America, and more...
Trump's 'Eastman Memo' Proposed an Unconstitutional Power Grab by the Vice President
A conservative law professor advised Donald Trump that Mike Pence could unilaterally overturn the 2020 election.
Now That Opponents of the Texas Abortion Ban Are Using Its Provisions To Defeat It, Pro-Life Activists Are Crying Foul
In the first two lawsuits filed under S.B. 8, all of the parties seem to think enforcement of the law should be blocked.
By Openly Defying the Texas Abortion Ban, a Physician Invites a Lawsuit That Will Make Constitutional Objections Unavoidable
Alan Braid says he broke the law, which prohibits the vast majority of abortions, to make sure it would be tested in court.
Terrible Supreme Court Decisions that Should be Added to the "Anticanon" of Constitutional Law - Part I
Constitution Day is a good time to consider the issue of whether we have been overly accepting of some horrendous Supreme Court precedents. The Chinese Exclusion Case of 1889 is a great example.
George Will: Why He's Against Biden, Trump, and the 1619 Project—And Bullish on the Future
When government "gets out of the way, we're going to see again, the creativity of the American people," says the 80-year-old optimist.
Opponents of the Texas Abortion Ban Are Struggling to Find Defendants They Can Sue To Prevent Its Enforcement
Meanwhile, the threat posed by the lawsuits that S.B. 8 authorizes has dramatically curtailed access to abortion in Texas.
The Texas Abortion Ban Violates Conservative Principles
S.B. 8 relies on litigation tricks that conservatives have long condemned as a threat to the rule of law.
Audio of Radio Program on Immigration and the Constitution
Yale Law School Prof. Cristina Rodriguez and I discussed this timely subject with host Stephen Henderson.
Supreme Court Punts on Constitutionally Dubious Texas Abortion Law
Plus: Millennial myth busting, McFlurry madness, and more...
The Sweeping Texas Abortion Ban That Took Effect Today Is Plainly Inconsistent With SCOTUS Precedents
Because the Supreme Court so far has not intervened, post-heartbeat abortions are now illegal in the Lone Star State.
Illegal Immigration Isn't an 'Invasion'
Overheated rhetoric is a ploy to treat migrants like enemy combatants.
Is the CDC's Eviction Moratorium a Third Amendment Violation?
The Third Amendment Lawyers Association argues in a recent amicus brief that the federal eviction ban requires landlords to quarter soldiers.
California Law Would Limit Free Speech at Vaccination Sites
Plus: Wiretapping social media, Democrats' budget proposal, cryptocurrency regulations, the infrastructure bill, and more..
Barely Legal Teens Can Legally Buy Guns, Appeals Court Says
Fourth Circuit overturns laws barring licensed gun dealers from selling handguns to 18–20-year-olds.
The Founding Fathers Thought America Was Doomed
“The fact that it hasn't ended in the past 230 years suggests that maybe [it will] last a good deal longer,” says historian Dennis C. Rasmussen, author of Fears of a Setting Sun: The Disillusionment of America's Founders
Why Didn't COVID-19 Kill the Constitution?
We can thank judges who were prepared to enforce constitutional limits on public health powers.
Thomas and Gorsuch Say Kelo Eminent Domain Ruling 'Was Wrong the Day It Was Decided' and 'Remains Wrong Today'
The controversial 2005 case "strayed from the Constitution," say Thomas and Gorsuch.
Man Arrested for Public Signs Wins Settlement From Sheriff's Office and Spurs Reform
Holding a sign in a public park should not cause an arrest.
3 Young Minnesotans Sue the State for Their Right To Bear Arms
A new lawsuit challenges Minnesota's law requiring a person be at least 21 years old to carry a handgun.
The Trouble With 'Common Good Originalism'
A new conservative faction embraces "authoritative rule for the common good."
Conservative Attacks on 'Big Tech' Are Turning the Constitution on Its Head
No, states can't use the 10th Amendment to overturn the First Amendment.
How Detectives Caught the Golden State Killer—and Unleashed a Catastrophe for Civil Liberties
Police were finally able to catch the serial killer using DNA genealogy databases—violating many innocent people's constitutional right to privacy.
If You Want To Fix the Country, Devolve Power
Revived federalism is a start, but it doesn’t go far enough.
SCOTUS Just Agreed To Hear a Major New Second Amendment Case
The Supreme Court will hear arguments next term in New York State Rifle & Pistol Association v. Corlett.
More Than A Dozen States Are Trying To Nullify Federal Gun Control
Conservative state legislators are taking a page from the playbook of pro-immigration activists and the marijuana legalization movement.
The CDC vs. the Constitution
The Founders could not have possibly imagined the Commerce Clause covering an eviction moratorium.
Arkansas Governor Hopes Abortion Ban Will Trigger Roe v. Wade Challenge
Plus: Wisconsin may approve microschools, what will Biden Title IX guidance look like, and more...
Texas Senators Want Sports Teams To Shut Up and Play the Anthem
Texas state senators introduced a bill requiring the national anthem at all pro sports events.
Attack of the Zombie ERA
Plus: A new documentary tells Reality Winner's story, occupational licensing reform is antitrust reform, and more...
These Big Tech Bills Are Unconstitutional. State Lawmakers Don't Care.
Plus: Problems with the PRO Act, what libertarian feminism isn't, and more...
Some Jobs Are More Equal Than Others
All professions deserve the same constitutional protections that speech-heavy industries get.
