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.
Courts
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."
SCOTUS Says Trump's Transgender Military Ban Can Take Effect…for Now
The Court voted along ideological lines.
Did SCOTUS Just Rule That Pickpocketing Is a 'Violent Felony'?
Justice Sonia Sotomayor has some concerns.
Judge Rules Police Cannot Require People to Unlock Their Own iPhones With Thumb or Iris
Compelled use of facial and finger recognition features runs afoul of the Fifth Amendment.
Federal Judge: Commerce Secretary Wilbur Ross 'Violated the Public Trust' with Census Citizenship Question
The Trump administration can't ask about citizenship on the 2020 census, Judge Jesse Furman ruled.
Gorsuch and Sotomayor Join Forces in Defense of Sixth Amendment Rights
It's not the first time the two justices have teamed up on a criminal justice case.
Judge: Trump Administration's Steel Tariff Rationale 'Makes Me Scratch My Head'
The Trump administration's response to a lawsuit challenging steel tariffs is a deeply un-conservative argument for greater executive power.
Your Right to Bear Nunchucks Is Safe
A federal court has struck down a New York ban inspired by kung fu movies.
Federal Court: Secretly Recording Government Officials Is a First Amendment Right
The ruling extends to secret recordings of police officers.
8 Years in Prison for Voting Illegally Is Way Too Much
But not according Texas Attorney General Ken Paxton.
Texas is Trying to Execute a Man for a Murder He Didn't Commit
The Texas Court of Criminal Appeals denied a recommendation to relieve him of execution.
Neomi Rao Was Right About Dwarf Tossing, Dignity, and Consent. She Deserves To Be a Federal Judge.
A defense of Brett Kavanaugh's nominated replacement on the D.C. Circuit.
Over 20,000 New Jersey Drunk-Driving Cases Might Be Tossed Due to Uncalibrated Breath Tests
New Jersey State Police Sgt. Marc Dennis was charged with falsifying records.
This Ousted Judge Just Released All the Juvenile Defendants Who Promised Him They Wouldn't Kill Anybody
"He was releasing everybody. Apparently he was saying that's what the voters wanted."
