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...
Courts
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."
Federal Judge Advocates Jury Nullification After Being Shocked by Overzealous Child Pornography Prosecution
It just makes sense to let jurors know about their already established power to exercise discretion over bad laws and ill-considered prosecutions.
San Diego County Officials Said They Could Take Children Away From Parents and Examine Their Genitals, a Court Disagrees
"The Mann children were subjected to invasive, potentially traumatizing procedures absent constitutionally required safeguards. "
Federal Judge Says Tennessee Shouldn't Punish Poor Drivers for Being Poor
The state can no longer suspend poor people's driver's licenses over unpaid traffic tickets, Judge Aleta Trauger ruled.
NYC Prosecutors Drop 3,000 Weed Cases
New York State as a whole seems to be moving toward legalization.
Jeff Sessions Tells Immigration Judges: Don't Let 'Sympathy' Stop You From Kicking People Out of the Country
"Your job is to apply the law-even in tough cases," the attorney general said.
John Bolton to Threaten Sanctions if International Criminal Court Investigates U.S.
"For all intents and purposes, the ICC is already dead to us," Bolton reportedly plans to say.
Arizona Supreme Court Blocks Proposed Tax Hike, Saying It's Too Confusing
The ballot initiative, which would have raised money for education by hiking taxes on the wealthy, "creates a significant danger of confusion or unfairness."
Federal Court: First Amendment Protects Feeding the Homeless—Sort Of
Referencing Shakespeare, the Bible, and American colonial times, a federal court rules in favor of a group's right to feed the homeless.
Trump's Rally Isn't the Craziest Thing Happening in West Virginia Right Now
West Virginia's entire Supreme Court was impeached last week. And things have only gotten weirder since then.
ICE Kept This Citizen and Father of 4 Locked Up for Nearly 2 Years
Levy Jaen is finally home, but only after a court affirmed what he's always known-that he's a U.S. citizen.
Judge Threatens Censorship After Newspaper Reveals Bureaucratic Errors in Parkland Lead-Up
"If I have to specifically write word for word exactly what you are and are not permitted to print…then I'll do that," the judge said.
Court Tosses Out Conviction Due to Lack of Face Tattoos in Lineup
A suspected robber's ink caused an appeals court to overturn his conviction.
West Virginia's Entire Supreme Court Just Got Impeached
The four justices allegedly spent more than $1 million in taxpayer funds on office renovations.
Arkansas Judge Sued Over Ruthless Cycle of Jailing of Those Who Can't Pay Fines for Minor Crimes
In many cases the sentence for missing a payment is harsher than the original conviction.
Federal Judges Order New Orleans Courts to Stop Shaking Down Citizens with Fees, High Bail
When half of a court's funding comes from criminal defendants, incentives get twisted.
TSA Screeners Can't Be Sued for Abuse, Federal Court Rules
The court admits the victims of TSA abuse "will have very limited legal redress."
Is Membership in a Conservation Organization Proof of Criminal Intent to Harm Cattle?
Prosecutors in southern Utah have argued that they can prove that the closing of a corral gate was the crime of attempted wanton destruction of livestock by pointing to a defendant's membership in a conservation organization. Today I argue to the Utah Court of Appeals that it should review the First Amendment implications of the prosecutors' maneuver.
