No, SCOTUS Did Not 'Invent' Judicial Review in Marbury v. Madison
The Supreme Court’s power to nullify legislative and executive acts is inherent in the Constitution.
Courts
A Case That Briefly United Clarence Thomas and Sonia Sotomayor
Plus: Jimmy Cliff, RIP.
Federal Judge Dismisses Comey and James Indictments, Saying Trump's U.S. Attorney Appointment Was Illegal
The charges were dismissed without prejudice, so the Justice Department can try again.
Can the Government Mandate a Vaccine for Your Own Good? This Federal Court Says Yes.
The 9th Circuit made a ruling this year that could allow far-ranging government interference with private health decisions.
New Jersey Becomes First State To Bar 'Shaken Baby Syndrome' Testimony at Trial
Dozens of "shaken baby syndrome" convictions have been overturned over the years, but until now, no state court system has limited its use in criminal prosecutions.
The Supreme Court's Next Big Immigration Case
Plus: Ken Burns’ The American Revolution is worth your time.
Less Indictable Than a Ham Sandwich
They say a grand jury would indict a ham sandwich. But failing to get indictments has been a hallmark of the second Trump administration.
Why Does SCOTUS Hear So Few Second Amendment Cases?
The right to keep and bear arms occupies a curious place in American legal history.
Greta Rideout's Landmark Rape Case Against Her Husband: 'I Did It for My Daughter'
Author Sarah Weinman's Without Consent tells the story of the legal and political battles to outlaw spousal rape in the U.S.
This Ruling Does Not Bode Well for Trump's Attempt To Portray Journalism as Consumer Fraud
On Thursday, a federal judge dismissed a lawsuit that echoed Donald Trump's claims against the Des Moines Register and pollster Ann Selzer.
Baseball's Solution to the Dodgers Isn't a Salary Cap
Plus: Teams in city-owned stadiums keep ending up in court, and Israeli soccer fans get banned from a match in England
Trump's Tariffs and John Roberts' Credibility
Learning Resources v. Trump will test both executive power and judicial fidelity.
Illinois Is Taking the Feds to Court Over 'Trump's Invasion' of Chicago
"The Trump Administration's Department of War gave me an ultimatum: call up your troops, or we will," Gov. J.B. Pritzker said.
James Comey Says His Grudge-Driven Prosecution Is Unconstitutional Retaliation for His Criticism of Trump
The former FBI director also argues that the charges against him are legally deficient and that the prosecutor who brought them was improperly appointed.
They Face $1 Million in Fines—for Someone Else's Code Violations
Humboldt County, California's sketchy code enforcement scheme piles ruinous fines on innocent people and sets them up to lose.
Minnesota Cop Who Fabricated a Sex-Trafficking Ring Won't Be Held Accountable
The officer made up information and lied multiple times under oath but the government says she has federal immunity.
What the Japanese Internment Case Teaches About Judicial Deference to Presidential Power
Long-ago debates about executive authority are not as distant as they might initially seem.
On National Guard Deployments, Trump Tells SCOTUS His Power Is 'Unreviewable'
Will the Supreme Court grant Trump the overwhelming judicial deference he demands?
Fate of Flight Attendant Who Accused Army Vet of Trafficking His Daughter Is Now With Virginia's Supreme Court
The teen began to cry when the plane hit turbulence. He comforted his daughter—and aroused the suspicions of flight attendant Cheryl Thomas.
Empower Stays on D.C. Streets as Appeals Court Weighs Future of Rideshare Company
The D.C. Superior Court found Empower still in contempt of court despite updating its software-as-a-service agreement and will reconvene in January.
He Was Charged With a Federal Offense for Running Up a Mountain
Michelino Sunseri broke the trail running record on Grand Teton but was prosecuted for "shortcutting" on a commonly used trail.
Texas Court Blocks Execution of Robert Roberson in Landmark 'Shaken Baby' Case
Roberson has been saved again from becoming the first person to be executed based on disputed evidence of Abusive Head Trauma, formerly called "shaken baby syndrome."
Why a Trump Appointee Ruled That His National Guard Deployment in Portland Was Illegal
U.S. District Judge Karin Immergut concluded that the president's description of "War ravaged Portland" was "simply untethered to the facts."
Reagan-Appointed Judge Slams Trump's Crackdown on Pro-Palestinian Students
Judge William Young wrote a book-length order attacking “the problem this President has with the First Amendment.”
ICE Arrested a U.S. Citizen—Twice—During Alabama Construction Site Raids. Now He's Suing.
“I got arrested twice for being a Latino working in construction,” says Leo Garcia Venegas, the lead plaintiff in a new lawsuit filed by the Institute for Justice challenging warrantless ICE raids on construction sites.
Assata Shakur Stood With the Oppressors
The fugitive freedom fighter allied with a government known for imprisoning dissidents, curtailing civil liberties, and forging equality in the sense that people are more equally oppressed.
Trump's Public Comments Could Further Complicate the Shaky Case Against James Comey
By demanding that the Justice Department punish the former FBI director for wronging him, the president provided evidence to support a claim of selective or vindictive prosecution.
Immigrants Arrested During Federal Takeover of D.C. Police Are Suing ICE and Other Federal Agencies
Five plaintiffs are arguing that several mass immigration arrests in the nation’s capital were made without probable cause.
The 9th Circuit Overturns a Man's Conviction for Holding a Shotgun on the Sidewalk in Front of His House
The decision, which hinges on an exception to the Gun-Free School Zones Act, does not say whether that law is consistent with the Second Amendment.
Judge to Mangione Prosecutors: Not All Political Murder Is Legally 'Terrorism'
The latest ruling reminds us that terrorism statutes are mostly redundant.
Trump's 'Firing' of Lisa Cook Is Headed for SCOTUS
Plus: Pam Bondi flunks free speech 101.
Florida Applies for Federal Reimbursement for 'Alligator Alcatraz' Costs Despite Court Warning
Florida Gov. Ron DeSantis promised that the federal government would reimburse the state for the costs of "Alligator Alcatraz," but doing so would make the detention facility subject to environmental reviews Florida ignored.
Immigration Agents Held a U.S. Citizen—and Veteran—for 3 Days Without Checking His ID
George Retes was denied access to an attorney, wasn’t allowed to make a phone call, was not presented to a judge, and was put in an isolation cell before being released with no charges.
Florida's Ban on Openly Carrying Guns Is Unconstitutional, State Appeals Court Rules
A unanimous three-judge panel concluded that "no historical tradition supports" the 1987 law.
Kavanaugh Flouts the Fourth Amendment and Blesses Trump's Racial Profiling
The justice’s stance on immigration enforcement is undermined by the facts of the case before him.
Prison Guards Forcibly Cut a Rastafarian Inmate's Dreadlocks. SCOTUS Will Decide If They Can Be Sued Over It.
The Supreme Court will hear Landor v. Louisiana Department of Corrections and Public Safety this fall.
The New Texas Ban on Cell-Cultured Protein Is an Unconstitutional Interstate Trade Barrier, a Lawsuit Says
The ban's supporters, whose motivation is plainly protectionist, claim they are defending freedom by restricting it.
The Federal Circuit's Tariff Ruling Highlights the Audacity of Trump's Power Grab
Seven judges agreed that the president's assertion of unlimited authority to tax imports is illegal and unconstitutional.
Raw Milk Debates Are Turning Sour in Florida
Florida officials can’t agree on whether unpasteurized milk is a health threat or benefit, leaving consumers more confused than if they were left to decide for themselves.
Federal Appeals Court Says Trump's Tariffs Are Unlawful, Allows Them To Remain in Place
Trump went "beyond the authority delegated to the President," the court ruled, but it vacated an injunction that could have provided immediate tariff relief to American businesses.
Will SCOTUS Let Trump Fire Lisa Cook From the Federal Reserve?
Or will the justices say that Trump fired her for illegal reasons?
Looks Like We Found a Ham Sandwich a Grand Jury Won't Indict
A federal grand jury reportedly refused to indict Sean Dunn for hurling a hoagie at a federal law enforcement officer.
The 11th Circuit Revives a Constitutional Challenge to the Federal Law That Disarms Medical Marijuana Patients
The appeals court concluded that the government had failed to show that policy is consistent with "this Nation's historical tradition of firearm regulation."
Judge Orders Alligator Alcatraz To Wind Down Operations Within 60 Days
A federal district court judge granted environmentalist groups’ request for a preliminary injunction.
Egypt's Land Grab Threatens the World's Oldest Christian Monastery
St. Catherine’s Monastery has been continuously inhabited for over 1,500 years. An Egyptian court ruling ended the monastery's longstanding separation from the government.
Is Gay Marriage Really Under Threat at the Supreme Court?
Asking SCOTUS to hear a case is not the same thing as convincing SCOTUS to hear a case.
Do Cops Still Need a Warrant To Search Your Home in an 'Emergency'?
SCOTUS will soon decide.
