Biden's Judicial Picks Should Include Lawyers Who Battled the Government in Court
The incoming president can bring some much-needed professional diversity to the federal bench.
Courts
The Trouble With John Roberts' Brand of Legal Conservatism
Is the chief justice just a politician in robes?
Conservative Lawmakers and Legal Scholars Denounce Texas Election Suit as 'a Mockery of Federalism and Separation of Powers'
The Constitution “plainly makes the appointment of electors a state-by-state matter.”
California Judge Says Los Angeles County's Outdoor Dining Ban Isn't 'Grounded in Science, Evidence, or Logic'
A tentative decision from Los Angeles Superior Court Judge James C. Chalfant is yet another rebuke of officials trying to reimpose March-style lockdowns on a skeptical public.
House Passes Bill To Make Federal Court Records Free to the Public
The PACER database is antiquated and expensive to access, and that's just the way the federal judiciary likes it.
Trump's Judicial Humiliation Is Nearly Complete
The president and his allies keep losing election cases.
This Woman Permanently Lost Her Second Amendment Rights Because She Lied on Her Taxes
Is this the Supreme Court’s next big gun rights case?
Cops Who Beat and Killed an Innocent Man Are Not Entitled to Qualified Immunity, Appeals Court Rules. But the Cops Who Watched Are.
The legal doctrine provides rogue government agents cushy protections not available to the little guy.
If Joe Biden Is Serious About Criminal Justice Reform, He Won't Pick Merrick Garland for Attorney General
Garland’s judicial record is replete with deferential votes for police and prosecutors.
Prison Guards Who Forced Naked Inmate To Sleep in Sewage and Urine Were Given Qualified Immunity. SCOTUS Disagreed.
The legal doctrine is a free pass for rampant government abuse.
Trump's New Lawsuit Looks Like an Attempt To Cancel All Mail-in Votes in Pennsylvania
The newest lawsuit in Pennsylvania is a longshot attempt to argue that all mail-in voting is unconstitutional because it differs from traditional, in-person voting. It's likely to fail.
Amy Coney Barrett's Confirmation Hearings Were a Master Class in Political Posturing
Americans likely learned very little about her judicial philosophy.
The Courts Can't Decide How Many Ballot Drop Boxes Ohio Needs, and Now Everyone Else Is Confused Too
An appeals court upheld a rule by the Ohio Secretary of State to limit each county to just one ballot box, overturning a previous ruling that said more boxes were needed.
Emergency Coronavirus Orders Upheld in Wisconsin, Rejected in Michigan
Plus: Pandemic brings rise in electronic ankle monitoring, a court rules on stimulus checks for incarcerated people, and more...
Michigan Supreme Court Strikes Down Gov. Gretchen Whitmer's COVID-19 Executive Orders
Whitmer helped spark a national debate over the limits of executive power.
It's Official: Trump Nominates Judge Amy Coney Barrett to the Supreme Court
If confirmed, she would cement a strong 6-3 conservative majority.
Qualified Immunity Is a Disgrace, No Matter Where You Live
Even the most police-skeptical courts grant the doctrine in egregious circumstances.
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...
