The new federal ban on animal cruelty converts the Commerce Clause into a general police power.
A recently-filed cert petition gives the Court a good opportunity to rule on the constitutional role of presidential electors
Where does Congress get the authority to redundantly criminalize abuse of mammals, birds, amphibians, and reptiles?
Plus: FBI rebuked by FISA court, how Harris could come back, and more…
My New "Atlantic" Article Making the Case for Abolishing Constitutional Double Standards in Immigration Law
The article explains why we should do away with legal doctrines that largely exempt immigration restrictions from constitutional constraints that apply to virtually every other exercise of government power.
Can a Federal Judge Sentence You for a Crime Your Jury Says You Didn't Commit? The Answer May Terrify You
Congress takes up the issue of "acquitted conduct."
Going beyond criticism, the resolution would punish the NRA and its supporters by cutting off contractors with ties to the group.
Conservative Justices Are Political Hacks, Five Senators Argue While Urging SCOTUS to Drop a Second Amendment Case
The five Democrats warn that the Court may have to be "restructured" if it keeps making decisions they don't like.
SCOTUS Should Drop This Second Amendment Case, a New York Times Columnist Argues, Because Mass Shootings
The justices would be abdicating their duty to uphold the Constitution if they let such political considerations decide legal issues.
Every Democrat in the Senate Supports a Constitutional Amendment That Would Radically Curtail Freedom of Speech
The Democracy for All Amendment aims to mute some voices so that others can be heard.
Plus: Behind the bipartisan war on internet speech, New York "decriminalizes" pot (but you'll still get fined), and more...
The late Supreme Court justice was an inconsistent defender of civil liberties.
Aggressive asset forfeiture collides with First Amendment rights.
Severability doctrine & the ACA findings seem to support Judge O'Connor's ruling
An important element of standing has already been decided by the Court
Understanding NFIB v. Sebelius
The Trump appointee is not impressed by the logic of the "dual sovereignty" doctrine: "Really?"
Jamelle Bouie's counterintuitive recommendation would effectively eliminate constitutional limits on elected officials, including Trump and every demagogue who follows him.
An awful lot, but who's counting?
More often than you might think
Depends on who you ask.
From today's opinion by Justice Thomas, for the five more conservative members of the Court, in Franchise Tax Board v. Hyatt.
Following a Reason investigation into Chicago's punitive vehicle impound program, a new lawsuit alleges the practice violates Chicagoans constitutional rights.
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.
Q&A with the co-founder of Institute for Justice about immigration, his legal philosophy, his battles with Sheriff Joe Arpaio, and that tattoo.
Plus: Can sex workers ever trust Kamala Harris? Why do teens love Google Docs? And how is Tumblr faring without porn?
The alternatives suggested by defenders of the monument do not seem much better.
Plus: Silicon Valley is suspicious of media, Cory Booker calls for weed reform, and how to understand the "upper middle class"
Plus: A judge says Jeffrey Epstein case was mishandled, and Andrea Dworkin is making a comeback.
Bargaining over policy is supposed to be frustrating. That's a feature, not a bug, of limited government.
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.
In a 5-4 decision, the Court issued a temporary stay of a Louisiana law that could put abortion doctors out of business.
Gun buyers, gay lovers, cannabis customers, and Yelp users are just a few of the groups that benefit from this federal law.
William Barr does not like legalization but says Congress has to resolve the "untenable" conflict between state and federal law.
A ballot initiative that took effect this week bans sales to adults younger than 21.
A federal lawsuit says the state is violating the Second Amendment by refusing to recognize the restoration of firearm rights by courts in other states.