Qualified Immunity Is a Disgrace, No Matter Where You Live
Even the most police-skeptical courts grant the doctrine in egregious circumstances.
Courts
Cop Who Allegedly Kneed a Subdued Suspect in the Eye '20 to 30 Times' Gets Qualified Immunity
"I believe there is sufficient evidence of a clearly established Fourth Amendment violation," writes the dissenting judge.
Tennessee Court Snips High School Diploma Requirement From Barber Licensing
Tennessee's requirement that barbers have at least a high school education is "unconstitutional, unlawful, and unenforceable," ruled the state's Chancery Court.
Another Rogue Cop Just Got Qualified Immunity. The Judge Who Gave It to Him Isn't Happy About It.
"The Constitution says everyone is entitled to equal protection of the law—even at the hands of law enforcement," wrote Judge Carlton W. Reeves.
White House Backtracks on Controversial Plan To Kick Foreign Students Out of U.S.
The Department of Homeland Security announced in court that it would pull the contentious directive.
John Roberts Just Annoyed Everybody. Is He the New Anthony Kennedy?
The chief justice has managed to infuriate every major political faction.
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.
A SWAT Team Blew Up This Family's House While Chasing a Shoplifter. The Supreme Court Won't Hear the Case.
And no, it wasn't the shoplifter's home.
How To Reboot the Government with Common Sense
Hold agencies and regulators accountable for outcomes, not compliance.
Armed Agents of the State Shouldn't Be Enforcing Traffic Laws
Interactions between the public and the police should be kept to a minimum.
Cops Who Shot Homeless Man 22 Times While He Lay on the Ground Are Not Protected by Qualified Immunity, Appeals Court Rules
It's a perverse kind of progress, but it's progress all the same.
These Judges Defend Qualified Immunity as 'a Deferential Rule' That Protects the Police
“Officers don’t have the time to pull out law books and analyze the fine points of judicial precedent.”
This Judge Is Wrong About Economic Liberty and the Constitution
A flawed argument for judicial passivity in cases of government regulation.
Do Tattoo Shops Have a First Amendment Right To Remain Open During a Pandemic?
The idea is not so far-fetched.
Another State Supreme Court Stands Up for Economic Liberty
Following Georgia's ruling in favor of a lactation consultant, Pennsylvania’s high court reviews another “unreasonable” occupational licensing scheme.
Coronavirus Cases Pit Constitutional Rights Against Public Health Authority
The federal courts start to grapple with COVID-19 shutdown orders.
Divided Sixth Circuit Panel Discovers Constitutional Right to a "Basic Minimum Education"
In a 2-1 decision sure to provoke substantial debate, a court concludes that states are obligated to provide citizens with a certain degree of education.
Frivolous Litigators Bite the Hands That Care for Them
Bogus lawsuits threaten medical professionals who are fighting on the front lines against COVID-19.
The Case for "Regular" Judicial Review of Coronavirus Emergency Policies
Legal scholars Lindsay Wiley and Steve Vladeck explain why courts should not give special deference to the government in cases challenging the constitutionality of anti-coronavirus policies.
California Judges Set Bail at $0 for Misdemeanors, Low-Level Felonies Amid Coronavirus Pandemic
New emergency rules attempt to slow down justice system to keep people apart.
Gorsuch Throws Shade at Trump Administration for Rewriting Federal Gun Laws Without Congressional Approval
“Why should courts, charged with the independent and neutral interpretation of the laws Congress has enacted, defer to such bureaucratic pirouetting?”
Divided Appeals Panel Slaps Federal Judge for Allowing Jury Nullification Defense
Jurors remain free to exercise judgment and mercy in a criminal justice system that often lacks both.
A Michigan Man Underpaid His Property Taxes By $8.41. The County Seized His Property, Sold It—and Kept the Profits.
A state law allows counties to effectively steal homes over unpaid taxes and keep the excess revenue for their own budgets.
Judge Says Cops Need Qualified Immunity To 'Stop Mass Shootings'
In fact, the legal doctrine lets cops to get away with outrageous conduct.
Prison Guard Who Hid While Inmate Raped a Nurse Cannot Be Sued, Federal Court Rules
The 7th Circuit said the guard is protected by qualified immunity.
New Class-Action Lawsuit Contends Video Game Fortnite Is as Addictive as Cocaine
Parents in Canada seek damages and refunds for their children's in-game purchases.
A Michigan Man Has Been Acquitted by a Jury for Criticizing a County Judge on Facebook
It took a jury 26 minutes to decide that Jonathan Vanderhagen wasn't guilty.
Cops Accused of Stealing Over $225,000 Can't Be Sued, Thanks to Qualified Immunity
A court ruled that officers did not have enough information to know whether or not stealing violates the Constitution.
A Grieving Father Is Standing Trial for Criticizing a Judge on Facebook
Jonathan Vanderhagen believes a judge doomed his son to an early death. The judge says Vanderhagen's Facebook posts were intimidating.
The FBI's Infamous List of 'Known Terrorists' Is Ruled Unconstitutional
Plus: millennials are buying homes after all, protecting Pinterest from anti-vaxxers, and more...
New Orleans Magistrates Get a Cut of Fines and Bail Money, and That's a Problem
Two federal court rulings cite a significant conflict of interest.
Court Rules Cop Who Shot Unarmed 15-Year-Old Is Protected by Qualified Immunity
The ruling once again shows the legal disgrace that is qualified immunity.
How Faint Bruises on Baby Ava Nearly Destroyed Her Family
Proposed federal legislation would move overstressed child protection systems in the wrong direction.
Court Rules Police Officer Who Shot 10-Year-Old Is Protected by Qualified Immunity
"No reasonable officer would engage in such recklessness," complains dissenting judge.
U.K. Appeals Court Overturns Ruling That Would Have Forced Mentally Disabled Woman To Get Abortion Against Her Will
Justice Natalie Lieven ruled it was in the woman's "best interests" because she has learning disabilities.
Kavanaugh Accuses Gorsuch of Judicial Activism in Criminal Justice Case
“The Court usually reads statutes with a presumption of rationality and a presumption of constitutionality.”
Neil Gorsuch and Stephen Breyer Butt Heads Over Judicial Deference to Federal Agencies
Understanding what's at stake in the important case of Kisor v. Wilkie.
What to Make of the Supreme Court's Latest Abortion Case
SCOTUS sidesteps the hard questions in Box v. Planned Parenthood of Indiana and Kentucky.
Offenders in California Get Saddled with Thousands of Dollars in Court Fees. This Bill Would Stop That.
A study shows that when these fees hit low-income offenders, they wreck their lives—and also don't even get paid.
Costume Manufacturer Alleges Competitor's Banana Suit Costume Looks a Little Too Much Like a Banana, Is Copyright Violation
Rasta Imposta has a history of defending its "unique" banana costume design with copyright litigation.
Short Circuit: A Roundup of Recent Federal Court Decisions
Cherry regulation, landfill corruption, and taking some air.
Big Pretrial Justice Reforms Included in New York's Budget
Better evidence sharing and a dramatic drop in cash bail demands will help defendants challenge charges.
Preet Bharara's Boy Scout Manual of 'Doing Justice'
The former U.S. attorney for the Southern District of New York unconvincingly channels Atticus Finch in his legal memoir.
Maybe Now We Can Finally Read This Star Trek/Dr. Seuss Mash-Up
Federal judge's ruling in a fair-use lawsuit "is a big win for the First Amendment."
