Partisan Poppycock Does Not Trump the Constitution on SCOTUS Picks
The restrictions imagined by Republicans in 2016 or by Democrats now are nothing but self-serving nonsense.
Constitution
Landlords Sue Trump Administration and CDC Over Executive Order Banning Evictions
The National Apartment Association has joined a lawsuit brought by four individual landlords arguing the CDC's nationwide eviction moratorium is both illegal and unconstitutional.
Pennsylvania Lockdown Lawsuit Victory May Cure a Plague of Pandemic Restrictions
“The Constitution sets certain lines that may not be crossed, even in an emergency.”
USA Today Op ed Making the Case for Abolishing the Constitutional Requirement that the President Must be a "Natural Born" Citizen
I coauthored it with Harvard Law School Professor Randall Kennedy.
The Cato Institute's 19th Annual Constitution Day Conference
This year's annual confab is remote, but will still feature the annual B. Kenneth Simon Lecture and release of the Cato Supreme Court Review.
When Joe Biden Tried To Paint Clarence Thomas as a Crazy Libertarian
The episode reflects poorly on Biden.
Should Congress Take Down Its Statue of Racist Chief Justice Roger Taney?
A bust of the Dred Scott author stands in the old Supreme Court chambers in the capitol.
Is Congress Entitled to the Supreme Court's Deference?
SCOTUS is the least democratic branch. Is that a bad thing?
Discussing the Supreme Court on "Supreme Myths" with Eric Segall
A surprisingly agreeable chat on originalism, the Supreme Court, Chief Justice Roberts and other things.
Robert Kraft and Florida Massage Workers Are Still Fighting Unconstitutional Surveillance Video
"Supreme Court jurisprudence...is heavily weighted against you," an appeals judge told state prosecutors last week.
House of Representatives Votes to Give D.C. Statehood
The House voted to recognize the District of Columbia as a state, but many obstacles still lie ahead.
Partisan Hypocrisy on Display in Supreme Court Ruling on Anti-Prostitution Pledge and the First Amendment
Can the government compel speech? For Supreme Court justices, that seems to depend on the content of that speech.
Designing Institutions that Promote Foot Voting and Minimize Potential Downsides
Fifth and final post in a series based on my new book "Free to Move: Foot Voting, Migration, and Political Freedom"
Clarence Thomas Upbraids SCOTUS for 'Prolonging Our Decade-Long Failure to Protect the Second Amendment'
"The fundamental protections set forth in our Constitution," Thomas writes, should be "applied equally to all citizens."
Trump's Bump Stock Ban Is Under Fire From His Own Judicial Appointees
This unilateral executive action has been scrutinized by both Supreme Court Justice Neil Gorsuch and U.S. District Judge Brantley Starr.
Roberts Accuses Kavanaugh of Judicial Activism in Coronavirus Church Closure Case
"Although California's guidelines place restrictions on places of worship," Roberts wrote, "those restrictions appear consistent with the Free Exercise Clause of the First Amendment."
Are the COVID-19 Lockdowns Constitutional?
Several courts have invalidated elements of state shelter-in-place orders. Constitutional law Professor Josh Blackman says that the longer they continue, the less legal they become.
State Supreme Courts Stand Up for Economic Liberty While SCOTUS Falls Down on the Job
"We have long interpreted the Georgia Constitution as protecting a right to work in one's chosen profession free from unreasonable government interference."
Supreme Court Can Put a Stop to Rule Compelling Anti-Prostitution Speech From Anti-HIV/AIDS Groups
The anti-prostitution pledge is unconstitutional when applied to U.S. nonprofits. But the feds say it's still OK to compel speech from these groups' foreign affiliates.
Coronavirus Cases Pit Constitutional Rights Against Public Health Authority
The federal courts start to grapple with COVID-19 shutdown orders.
Supreme Court Justices in Texas and Pennsylvania Emphasize That COVID-19 Lockdowns Require Judicial Scrutiny
Not everything that states do in the name of protecting public health is consistent with the Constitution.
When Are COVID-19 Control Measures 'Arbitrary' and 'Unreasonable'?
Courts so far have not been inclined to ask that question.
Masks Can Be a Symbol of Privacy and Personal Responsibility, Not Tyranny
Plus: Family Dollar guard murdered over mask enforcement, doctors see "multisystem inflammatory syndrome" in kids with COVID-19, and more...
When the Supreme Court Upheld a Compulsory Vaccination Law
Infectious disease, public health, and the Constitution
The Executive Order on Meat Processing Doesn't Compel Companies With Sick Workers to Stay Open
Plus: Justin Amash seeking L.P. nomination, pandemic hasn't halted FDA war on vaping, and more
The Attorney General Defends Civil Liberties Against Overreaching COVID-19 Control Measures
While denying Donald Trump's dictatorial impulses, William Barr notes that public health emergencies do not give governments unlimited powers.
The Late Murray Rothbard Takes on the Constitution
A lost volume of American history finds the light of day.
Can Trump Order Congress Home and Unilaterally Fill Vacancies Via the Recess Appointment Power?
The president contemplates a sweeping exercise of executive authority.
No, Trump Cannot Open the Country Back Up Whenever He Wants
The president again insisted that the federal government can open the country by fiat. It cannot.
Abortion Providers Plead With Supreme Court To Allow Abortion Pills in Texas
"Delaying abortions by weeks does nothing to further the State's interest in combatting COVID-19," they say.
Religious Freedom Clashes With Public Health Enforcers
Plus: Signal will leave the U.S. market if EARN IT passes, Justin Amash blasts Michigan shutdown orders, and more...
The Constitutional Case Against the Consumer Financial Protection Bureau
Will the Supreme Court question the underpinnings of the modern administrative state?
Trump Has Secret Emergency Powers?
"Presidential emergency action documents” concocted under prior administrations purport to give him such authority, according to a New York Times op-ed.
Another Trump-Appointed Judge Benchslaps the Trump Administration for Rewriting Federal Gun Laws
“The federal government forgot the Tenth Amendment and the structure of the Constitution itself.”
Will COVID-19 Kill the Constitution?
Politicians and the public are alarmingly willing to violate civil liberties in the name of fighting the epidemic.
This Business Is Suing the Government Over a Coronavirus Closure Order
"These uncompensated seizures violate the Takings Clause of the Fifth Amendment."
Tear Up Your Census Form for a Better America
The government is perfectly capable of counting heads in a less-intrusive and more-hygienic way.
Massie, and That Pesky Constitution, Hold Up COVID-19 Bailout Bill
Plus: civic dynamism on display, Justice Department embraces home detainment of federal prisoners, and more...
Justice Department Reportedly Asks Congress for Indefinite Detention Powers To Fight Coronavirus
Congress should loudly and unanimously reject this insanity.
Police Powers During a Pandemic: Constitutional, but Not Unlimited
Weighing the state and local response to COVID-19
Would Italian-Style Lockdowns to Curtail the Spread of Coronavirus Pass Legal Muster in the U.S.?
The extent of state and federal quarantine powers is surprisingly unsettled.
The Looming Supreme Court Showdown Over Sanctuary Cities
The legal battle over immigration, federalism, and executive power heats up.
Would a Presidential Pardon for Roger Stone Be Unconstitutional?
The argument requires several controversial assumptions and leaps of logic.
