Constitution
Law Profs Tout Qualified Immunity for Unconstitutional Gun Restrictions
Promoting impunity for violating rights as a policy tool? What could go wrong?
Police Seized Innocent People's Property and Kept It for Years. What Will the Supreme Court Do?
Civil forfeiture is a highly unaccountable practice. The justices have the opportunity to make it a bit less so.
A 2007 Debate Provoked by Richard Posner Illuminates the Current Clash Over Judicial Power in Israel
The appeals court judge argued that the Israeli Supreme Court had usurped the role of legislators.
AALS Online Symposium on New Books in Constitutional Law
Presenters include Kermit Roosevelt (UPenn), Samantha Barbas (U. of Buffalo), Michael Mannheimer (Northern Kentucky Univ.), and myself.
Colorado Can't Force a Graphic Designer To Create Same-Sex Wedding Websites, Supreme Court Rules
The decision reverses a terrible previous decision by the 10th Circuit Court of Appeals.
Supreme Court Confirms That State Legislatures Can't Ignore the Constitution When Writing Election Rules
Chief Justice John Roberts decisively rejected the independent state legislature theory.
Did Trump Break a Law That Shouldn't Exist?
Plus: A rundown of recent nonsensical proposals for constitutional amendments
Gavin Newsom Wants To 'Permanently Enshrine' Gun Control in the U.S. Constitution
California’s governor insists his “28th Amendment” would leave the right to arms “intact.”
Hunter Biden, Second Amendment Warrior?
Plus: Flaws in studies linking teen social media use to depression, debt ceiling deal passes Senate, and more...
Montana Sets Itself Up for First Amendment Lawsuits With TikTok Ban
Plus: Americans are increasingly changing religions, court pauses rejection of "free" preventative care mandate, and more...
Ron DeSantis Confirms (Again) That His Attack on Disney Was Political Retribution
He either doesn't understand or won't admit why this violates the First Amendment.
Interesting New Book on Unenumerated Rights in State Constitutions
Baby Ninth Amendments, by Anthony Sanders
Federal Zoning Bill Would Preempt Local Parking Mandates
The legislation would give property owners "sole discretion" in deciding how many parking spaces they want to build.
Newly Released Government Records Reveal Horrible Neglect of Terminally Ill Woman in Federal Prison
The records confirm medical neglect in a federal women's prison that Reason first reported on in 2020.
No Constitutional Right To Honk Your Car Horn, Court Says
Plus: DeSantis does better than Trump in swing-state poll, majority say abortion pill should remain available, and more...
Is Proportional Representation On the Way?
If Congress wants to stave off such far-reaching demands, it should start behaving in ways that inspire more public confidence.
Federal Courts Clash Over Financial Watchdog's Constitutionality
The CFPB funding scheme is constitutional, the 2nd Circuit says.
This College President Knows the First Amendment Protects the Drag Show He Canceled. He Just Doesn't Care.
"I will not appear to condone the diminishment of any group at the expense of impertinent gestures toward another group for any reason, even when the law of the land appears to require it," he wrote.
James Madison's Decentralized Republic
The Constitution was intended to preserve state sovereignty, not create an all-powerful central government.
The Supreme Court Tackles the First Amendment Right To Encourage Illegal Immigration
Understanding what’s at stake in United States v. Hansen
Rampant Plea Bargaining Is a Raw Deal for Defendants
A new report details how plea bargaining can hurt defendants and warps the justice system.
Congress Should Not Give Any Government Agency Financial Free Rein
Lawmakers should proactively retake the power of the purse from the Consumer Financial Protection Bureau, regardless of how the Supreme Court rules.
Free Immigration Is a Core American Value
Just consider the policies that the Founding Fathers embraced.
Yes, You Have a First Amendment Right To Livestream Cops
Plus: Some State of the Union fact checking, a livestream discussion about gun rights and violence, and more...
An Iowa Town Charged a Man With Disorderly Conduct Because He Called a Cop a 'Domestic Abuser'
Now a judge has cleared him of wrongdoing and struck down the rule used to justify the arrest.
Louisiana Keeps Over a Quarter of Inmates Detained Past Their Release Dates, DOJ Investigation Finds
"There is an obligation both to incarcerated persons and the taxpayers not to keep someone incarcerated for longer than they should be," a Louisiana district attorney said. "Timely release is not only a legal obligation, but arguably of equal importance, a moral obligation."
The Alamo Is Trying To Eminent Domain This Man's Bar to Make Way for Museum Honoring Alamo Defenders
"I think, in principle, it's ridiculous to have to deal with this eminent domain bullshit on the grounds of the Alamo," says owner Vince Cantu.
Judge Rules DeSantis Violated First Amendment by Ousting Reform Prosecutor but Declines To Reinstate Him
"In short, the controlling motivations for the suspension were the interest in bringing down a reform prosecutor," the judge wrote.
Justin Amash: Kevin McCarthy Is a 'Compulsive Liar' Who 'Cares Only About Power'
The former Libertarian congressman was in the Capitol Wednesday drumming up a Hail Mary quest to become speaker of the House.
Twitter Files Reveal Politicians, Officials Evading the Constitution's Restrictions
People in power lean on private businesses to impose authoritarian policies forbidden to the government.
Ketanji Brown Jackson and the Future of Progressive Originalism
The liberal justice seems ready to fight legal conservatives on their own ground.
This Mom Was Jailed for Leaving Her Teen Home Alone. Now, She's Suing.
An appeals court rejected a qualified immunity defense.
California City Pays $300,000 to Marine Veteran Tackled for Filming a Cop From His Porch
The city of Vallejo, California, has paid millions in recent years to settle excessive force lawsuits against its heavy-handed police force.
Is the "Speak Out Act" Constitutional?
What power lets Congress exempt harassment allegations from NDAs?
Is Justice Jackson the "De Facto Leader" of Progressive Originalists?
Originalist scholar Larry Solum suggests KBJ could be the Left's Antonin Scalia.
The Bad News for Trump Piles Up
Plus: Warnock wins, over-the-counter Narcan closer to reality, San Francisco backtracks on killer robots, and more...
What Twitter's Suppression of the Hunter Biden Laptop Story Tells Us About the Media
Plus: The editors consider a listener question on the involuntary hospitalization of the mentally ill.
Trump Defines Constitutional Deviancy Down
His call for the "termination" of the Constitution is the latest in a long line of dangerous efforts to legitimate the indefensible.
Eric Adams' Plan To Involuntarily Hospitalize Mentally Ill Homeless People Will Face Legal Challenges
Civil liberties groups say Adams' plan violates constitutional rights protecting people with mental illness from being confined against their will simply for existing.
The Respect for Marriage Act Shows That Congress Can Still Do Its Job
Congress should not forget that they can legislate in response to Supreme Court rulings.
How a Gorsuch LGBT Ruling May Doom Affirmative Action in College Admissions
The link between Bostock v. Clayton County and Students for Fair Admissions v. University of North Carolina
There's No Constitutional Right To Own a Pit Bull, Federal Court Says
Plus: A flawed study on marijuana risks, the collapsing publishing-house merger, and more...
It's All About the Jimmy Hats
Rethinking the constitutional defense of reproductive rights after Dobbs via the Ninth Amendment
Biden's Student Loan Forgiveness Plan Is Unconstitutional, Says Federal Judge
Plus: Users surge on decentralized social media platform Mastodon, the fall of city drugstores, and more...
Voters Approve Anti-Slavery Ballot Measures in 4 States
On Tuesday, voters in Alabama, Tennessee, Vermont, and Oregon approved ballot measures that removed exceptions to anti-slavery laws in their state's constitutions, effectively banning forced prison labor.
Florida's Constitutional Revision Commission Is Unelected, Unaccountable, and Unnecessary
This November, voters will have the chance to abolish it. They should.
