Ohio Court Strikes Down a Scholarship Program That Supports More Than 100,000 Families
The court called school choice a "misnomer." The Ohio Supreme Court may get the last word.
Courts
Jury Nullification Is Not a Crime
Plus: Two notable cases this week at the Supreme Court.
The 3rd Circuit Upholds the Gun Rights of a Man Who Committed a Nonviolent Misdemeanor 2 Decades Ago
The appeals court said it was unconstitutional to permanently disarm Edward Williams based on a 2005 DUI conviction.
Trump Keeps Coming Up With Legally Dubious Tariff Justifications
Trump launched his third round of broad tariffs after his first two attempts ran into legal trouble.
A New Supreme Court Case Tests the Limits of Judicial Deference to Federal Agencies
What’s at stake in Beaird v. United States.
Inside the Trump Administration's War on The Hague
In the name of national sovereignty, the U.S. government is trying to ban foreign governments—and American citizens—from voluntarily working with a war crimes tribunal.
New York's Controversial Anti-Swastika Law Turns Prosecutors Into Speech Police
Graffiti vandals are now being investigated for hate crimes.
Alito's 'Practical Originalism' Doesn't Sound Very Originalist
The conservative justice seems to favor the kind of results-oriented judging that originalists are supposed to oppose.
Federal Court Slaps Down Utah's VPN Restrictions
A judge blocked a rule that would have required adult sites to block VPNs or age-check the world.
Police Allegedly Destroyed $37,000 of Legal Hemp. Georgia's Supreme Court Just Upended 60 Years of Precedent.
The ruling has major implications for property owners when the government ruins their possessions in the exercise of "police power."
Mamdani Promised To Freeze the Rent. Now His Rent Freeze Is in Court.
A lawsuit alleges New York City's Rent Guidelines Board broke the law by arbitrarily predetermining the outcome.
A Court Rules That San Francisco's Empty Home Tax Is Illegal
San Francisco's tax on vacant homes is bad policy. Now it's also bad law.
Letitia James Has Already Suggested the Cornell 7 Are Guilty
New York Gov. Kathy Hochul appointed a special prosecutor who has already implied that she sides with Jane Doe.
Miami Beach Can't Dodge First Amendment Lawsuit After Police Questioned Woman Over Anti-Israel Facebook Post
Miami Beach detectives questioned Raquel Pacheco at her house over her pro-Palestine Facebook comments. A judge ruled several key claims in her First Amendment lawsuit against the city can proceed.
Department of Homeland Security
Homeland Security Admits To Watchlisting Americans Based on 'Potential Inaccuracies'
The feds’ response to a lawsuit over their voter fraud investigation program is an admission that their approach didn’t work. But some questions are still unanswered.
The Protect College Sports Act Passed the Senate. It Faces a Tougher Road in the House—and in the Courts.
Lawyers—not athletes, schools, or college sports—are the real winners of the Protect College Sports Act.
You Can 'Recruit' a Minor for an Abortion in Tennessee
A federal appeals court has permanently blocked the recruitment provision of Tennessee's "abortion trafficking" law.
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.
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.
