Senate Democrats Back Constitutional Amendment to Undo Citizens United
Plus: Marijuana banking, suing Facebook, and more...
Constitution
Cops Can't Take a Joke? The First Amendment Doesn't Care
Plus: Behind the bipartisan war on internet speech, New York "decriminalizes" pot (but you'll still get fined), and more...
A Federal Judge Has Put Trump's Anti-Asylum Rule on Ice
His border lawlessness keeps growing
John Paul Stevens Was a 'Liberal Champion,' Except When He Wasn't
The late Supreme Court justice was an inconsistent defender of civil liberties.
Justice John Paul Stevens, RIP
An admirable man with a distinguished career as a Supreme Court justice. But also the author of some of the more problematic opinions of his era.
House Votes To Stop Trump From Attacking Iran Without Congressional Authorization
An amendment to this year's military spending bill says the president must go to Congress before launching another war.
Backpage Prosecutors Want to Seize Assets First, Answer Questions Later
Aggressive asset forfeiture collides with First Amendment rights.
Mike Gravel and His Online Teens Want Weed in the Constitution
It's an unconventional approach befitting of an unconventional presidential candidate.
My Concluding Thoughts on Severability in Texas v. U.S.
Severability doctrine & the ACA findings seem to support Judge O'Connor's ruling
NFIB v. Sebelius Already Addressed the "Injury in Fact" Question in Texas v. U.S.
An important element of standing has already been decided by the Court
Texas v. U.S.: Why the Individual Mandate is Still Unconstitutional
Understanding NFIB v. Sebelius
Questioning the Political Question Doctrine
The Supreme Court has used this doctrine for many years, including in the recent gerrymandering decision. But it still doesn't actually make any sense.
The Rights and Wrongs of Overruling Precedent
Despite occasional rhetoric to the contrary, neither conservative nor liberal justices are shy about overruling constitutional precedent they believe to be badly misguided. And that's a good thing.
Clarence Thomas Benchslaps the Federal Government in a Property Rights Case
“Our role is to enforce the Takings Clause as written.”
Gorsuch Joins Ginsburg in Decrying a 'Colossal Exception' to the Ban on Double Jeopardy
The Trump appointee is not impressed by the logic of the "dual sovereignty" doctrine: "Really?"
The Court Swims in Political Seas
Constitutional law is made by a politically constructed institution
To Defeat Trump, New York Times Columnist Argues, We Must Abolish Judicial Review
Jamelle Bouie's counterintuitive recommendation would effectively eliminate constitutional limits on elected officials, including Trump and every demagogue who follows him.
How Often Has the U.S. Supreme Court Upheld a Federal Law?
An awful lot, but who's counting?
How Often Has the U.S. Supreme Court Struck Down a Federal Law? Part II
More often than you might think
How Often Has the U.S. Supreme Court Struck Down a Federal Law?
Depends on who you ask.
A New History of Judicial Review
A new history of how the U,.S. Supreme Court has defined and enforced the limits of congressional power
Supreme Court Majority Speaks Against "Ahistorical Literalism"
From today's opinion by Justice Thomas, for the five more conservative members of the Court, in Franchise Tax Board v. Hyatt.
Let Midwives and Nurse Practitioners Provide First-Trimester Abortions, Says Federal Court
"First trimester abortions, which typically require only medication, do not require the onsite presence of a licensed physician."
Chicago Impounds Innocent People's Cars and Soaks Them in Fines. Now It's Getting Sued
Following a Reason investigation into Chicago's punitive vehicle impound program, a new lawsuit alleges the practice violates Chicagoans constitutional rights.
The Jurisdictional Nexus Act
Congress should fix its FGM statute—and all the other ones too.
Beto O'Rourke: U.S. 'Has Completely Forgotten Its Constitutional Responsibility to Lawfully Declare and End These Wars'
O'Rourke has long been a critic of U.S. intervention abroad.
Police Sicced a Dog on a Surrendering Man. Will the Supreme Court Review the Doctrine That Gave Them Immunity?
The ACLU wants the Supreme Court to revisit the notorious qualified immunity doctrine.
Rand Paul and Alexandria Ocasio-Cortez Found Something They Can Agree On
Both the libertarian-leaning Republican and the democratic socialist want Trump to withdraw U.S. troops from Syria.
Border Agents Detained a 9-Year-Old U.S. Citizen for 30+ Hours
It's wrong any way you slice it.
Scalia v. Epstein - 35 Years Later
Revisiting their debate on judicial protection of economic liberty.
A Tattooed Libertarian on the Arizona Supreme Court: Clint Bolick's Long Fight for Freedom
Q&A with the co-founder of Institute for Justice about immigration, his legal philosophy, his battles with Sheriff Joe Arpaio, and that tattoo.
Rudeness Isn't Illegal Says Sixth Circuit, In Case of Flipped-Off Cop Who Issued Ticket
Plus: Can sex workers ever trust Kamala Harris? Why do teens love Google Docs? And how is Tumblr faring without porn?
The Executive Power Clause—Crux of the Constitutional Settlement
The nation's force mustered in service of the nation's will.
James Madison on Abuse and Usurpation
An essential distinction for understanding problems vexing the constitutional order
In Giant Cross Case, Justices Struggle to Clean Up a 'Dog's Breakfast' of Confusing Precedents
The alternatives suggested by defenders of the monument do not seem much better.
Can a Giant Christian Cross Be Secular?
The challenge to a World War I memorial in Maryland illustrates the confusion caused by the Supreme Court's Establishment Clause cases.
Trump's Emergency Declaration May Be Legal, but It's an Affront to the Constitution Anyway
It's an attempt to make an end-run around congressional spending authority.
The Time for an All-Male Military Draft 'Has Passed,' Says Federal Judge: Reason Roundup
Plus: Silicon Valley is suspicious of media, Cory Booker calls for weed reform, and how to understand the "upper middle class"
Federal Court Rejects 'For the Children' Ban on Bare-Breasted Women: Reason Roundup
Plus: A judge says Jeffrey Epstein case was mishandled, and Andrea Dworkin is making a comeback.
How the Feds Are Using Civil Asset Forfeiture to Threaten Free Speech
Sex, publishing, and quasi-legal theft collide in the Backpage prosecution.
Trump's Phony Yet Legal Border Emergency
Congress seems to have authorized this end run around its spending power. Can it do that?
Once a Critic of Executive Power, Trump Is Now Taking Us Closer to Rule by Decree
Bargaining over policy is supposed to be frustrating. That's a feature, not a bug, of limited government.
Constitutional Liquidation
My latest article on James Madison and constitutional practice, with some criticisms and related links
Last Year Saw 'Furthest-Reaching Attempt to Censor Online Speech' Since the 1990s, Say FOSTA Challengers
As the lawsuit against FOSTA hits appeals court, three essays about the law that everyone should read.
Kavanaugh Gives Mixed Signals in First Supreme Court Abortion Ruling
In a 5-4 decision, the Court issued a temporary stay of a Louisiana law that could put abortion doctors out of business.
4 Cases That Show the Scope of Services, Speech, and Conduct Protected by Section 230
Gun buyers, gay lovers, cannabis customers, and Yelp users are just a few of the groups that benefit from this federal law.
The Next Attorney General Says He Won't Go After State-Licensed Marijuana Suppliers
William Barr does not like legalization but says Congress has to resolve the "untenable" conflict between state and federal law.
Judge Rules Police Cannot Require People to Unlock Their Own iPhones With Thumb or Iris
Compelled use of facial and finger recognition features runs afoul of the Fifth Amendment.
