Federal Courts Are Running a Surplus Charging for Public Records
The Public Access to Court Electronic Records system rakes in about $145 million per year but only costs a fraction of that to operate.
Courts
A Tennessee 1st Amendment Auditor Is Suing After Videos of Police Led to a Predawn Arrest Raid
Joshua Gibbons says his embarrassing videos of police officers in Kingsport, Tennessee, were a motivating factor in their decision to arrest him on minor charges that were thrown out of court.
Journalists Still Barred From White House
Plus: Manhole climbers, Beshear mulling 2028 run, God bless the commenters, and more...
Judge Blocks Warrantless ICE Construction Site Raids After Agents in Alabama Arrested a U.S. Citizen 3 Times
Being on a construction site "does not open the floodgates to warrantless government intrusion," a federal judge ruled in a lawsuit filed by a construction worker who has been detained three times by ICE.
No Warrant, No Suspicion, No Problem: Flock and Border Cellphone Searches Excluded From 4th Amendment Rules
Cops keep carving out tech exceptions to the Fourth Amendment—and courts are giving them their blessing.
Montana's Anti-Deepfakes Law Just Hit a First Amendment Roadblock
A federal judge found that the state's restrictions on AI-generated political speech likely violate the First Amendment.
Lindsay Clancy's Holdout Juror Did What Jurors Are Supposed To Do
Just as a holdout may be a bulwark against wrongful conviction, a unanimous verdict is difficult to obtain by design.
Trump Re-Ups His Threat To Raze the Kennedy Center Unless He Can Slap His Name on It
After a federal judge rejected his attempts at self-glorification, Trump said the building will "end up being ripped down" if he does not get the "recognition" he wants.
Why a Trump-Appointed Judge Just Blocked the President's Mail-In Ballot Restrictions
A notable legal defeat for the Trump administration
Can the Feds Ban You From Making Liquor in Your Own Home?
A challenge to the federal prohibition on home distilling could give the Supreme Court a chance to rein in Congress’ Commerce Clause power.
Supreme Court Blocks Missouri's Messy, Trump-Backed Gerrymandering Fight
The decision ends a yearlong legal war spanning multiple lawsuits, contradictory state and federal court orders, and repeated appeals to the Supreme Court.
Court Packing Is a Bad Idea. But It's Still Constitutional.
Unwise policies are not always unlawful policies.
The Right to Trial is Vanishing. Could Bolder Juries Save It?
A new campaign by the Cato Institute aims to educate jurors on their right to vote their conscience against unjust laws and sentences.
The Lindsay Clancy Jury Was Tasked With an Impossible Question
In the court of public opinion, there is little room for ambiguity here. But those who watched the trial know that reality is far less satisfying.
DOJ Says Barring AI Training on Copyrighted Material Could 'Severely Hamper' Tech Progress
Training a model on copyrighted work is the same transformative use exception that protects The New York Times' journalism.
What Craigslist and Backpage Can Tell Us About the Meta Settlement
It doesn't matter if you're right. If you don't cave, the government might stop at nothing to destroy you.
The Freedom 250 IndyCar Race Only Looked Like MAGA Propaganda if You Already Hate Trump
Plus: Should the race happen again, or just be a one-off event? Also, NCAA eligibility is all messed up, and sports can teach us about immigration.
Lawsuit Argues That School Choice Is a First Amendment Issue
Nebraska plaintiffs say the state can’t mandate education and also control what kids are taught.
Trump's Assault on Judicial Review Undermines a Crucial Safeguard Against Tyranny
In one case after another, the president has tried to cut the courts out of the picture painted by the Framers.
Virginia Man Argues His 'FTP&ATF' License Plate Is Free Speech. The Supreme Court Might Hear His Case.
A federal appeals court ruled that Curtis Whateley's anti-police vanity plate was private speech protected by the First Amendment. Virginia says it will seek review from the Supreme Court.
Trump's Ballroom Fight Could Make Courts Rethink 'National Security' Deference
Appealing to national security is not a "get-out-of-law-free card," a federal court ruled last week.
Another Social Media 'Addiction' Trial Starts Today. Its Claims Are Weak—but Dangerous.
Meta is on trial for fomenting "FOMO," among other things. It sounds silly, but the playbook used here could work against religious groups, fast food, and much more.
D.C. Circuit Upholds Injunction Against Trump's Ballroom
The Constitution assigns control of federal property to Congress, which never approved the president's demolition and replacement of the East Wing.
Courts Say the Justice Department Is Shredding the 'Presumption of Regularity.' It Never Deserved Extra Trust.
Misconduct and misrepresentations by Justice Department lawyers have led some federal judges to question the traditional benefit of the doubt they give to the government.
A Federal Judge Rejects National Firearms Act Regulations, Saying Their Tax Rationale No Longer Applies
When Congress eliminated taxes on suppressors, short-barreled rifles, and short-barreled shotguns, it also eliminated the constitutional justification for regulating them.
Elena Kagan's Warning to Progressives
The liberal justice wants the Supreme Court’s harshest progressive critics to chill out.
A New Jersey News Outlet Asks the Courts To Stop a Judge's Censorship
The judge concluded that a high school student's privacy interests trumped freedom of the press.
A Serial Liar Likely Sent an Innocent Man to Florida's Death Row. Why Is He Still There?
Paul Skalnik was a career criminal and jailhouse snitch whose unbelievable testimony secured dozens of convictions—including that of Jim Dailey, who awaits execution.
In 39 States, People Can Be Sentenced to Life for Murders They Did Not Commit
The Sentencing Project highlights the perverse consequences of the felony murder rule, a vestige of British law that still prevails in federal courts and all but two states.
Will This Mississippi Man on Death Row Get a Chance To Prove His Innocence?
Recent court rulings in Louisiana and Texas give hope to Devin Bennett.
Supreme Court Agrees To Hear Case of Alaska Pilot Whose $95,000 Plane Was Seized Over a 6-Pack of Beer
Ken Jouppi's Eighth Amendment challenge asks the Court to decide whether a fine must be proportional to the gravity of the crime.
Is Court Packing Inevitable If Democrats Retake Congress and the White House?
Plus: a few words about The Odyssey
A Man Died of COVID at This California Detention Center. A Judge Just Ordered Sweeping Improvements There.
A federal judge ordered sweeping improvements to conditions at the Adelanto ICE Processing Center in California. Families say their loved ones died of neglect inside.
New Jersey's Bans on Commonly Owned Rifles and Magazines Are Unconstitutional, the 3rd Circuit Says
In a decision written by a Joe Biden nominee, the appeals court addresses a long-simmering issue that the Supreme Court will consider during its next term.
This Biotech Company Has Spent Nearly 3 Years in FDA Limbo
The FDA says it can't license Regenative Lab's overseas sales today because it might change its regulations tomorrow. Now, the company is suing.
4 Takeaways From the Supreme Court's 2025–2026 Term
From executive power to civil liberties, what to make of a momentous year at SCOTUS?
Police Used a Truck Inspection To Search for Drugs. The 7th Circuit Said the Fourth Amendment Forbids It.
Cops stopped a semitruck because of a drug tip, then tried to dress the illegal search up as a routine inspection.
In Europe, Just Reposting Russian Propaganda Can Land a Blogger in Jail
Don't assume this couldn't happen in America too.
Can the President Fire Anyone He Wants? Yes, Unless the Target Is Part of the Federal Reserve.
In a pair of decisions on Monday, the Supreme Court ruled that presidents have full authority to fire heads of executive branch agencies—but that the Fed is different.
Lawsuit Argues Hawaii's Harsh New Hemp Regulations Will Stifle Competition
A dispensary owner believes Hawaii’s hemp regulations are unconstitutional. He’s suing to stop their enforcement, but the law may not be on his side.
ICE Transfers Shouldn't Be Leaving Families in the Dark
Rapid transfers are cutting detainees off from their lawyers and families.
On Marijuana and Guns, Clarence Thomas Still Wants To Limit Federal Power
The conservative justice continues to wage a lonely legal crusade over the Commerce Clause.
Trump's Lawyers Insist There Is 'No Evidence' of 'Collusion or Fraud' in His 'Settlement With Myself'
The sweet deal that resolved the president's fatally flawed lawsuit against the IRS was business as usual at the DOJ, his attorneys told a federal judge.
Maryland Court Rules Against Unconstitutional Stop-and-Frisk in Victory for State's Gun Owners
In a unanimous opinion, the court ruled that it is unconstitutional for officers to stop and frisk someone based solely on suspicion that the person is carrying a gun.
2 Texas Grandmothers Who Overcame Addiction Wanted To Become Social Workers. The State Wouldn't Let Them.
Now Katherin Youniacutt and Tammy Thompson are taking their fight to become licensed master social workers to the Texas Supreme Court.
Gordon Wood's Enduring Defense of the American Revolution
Plus: When tattoos meet copyright law
This Attempt by the Trump Administration To Cripple Legal Immigration Is Illegal, Judge Rules
The government had imposed an indefinite pause on adjudicating asylum petitions and applications for green cards, work permits, and citizenship for legal immigrants from certain countries.
