Compensation for Legal Fees Is a Critical Protection Against Civil Forfeiture Abuses
A recent federal appeals court decision underlines the importance of that safeguard.
Federal Courts
The 11th Circuit Revives a Constitutional Challenge to the Federal Law That Disarms Medical Marijuana Patients
The appeals court concluded that the government had failed to show that policy is consistent with "this Nation's historical tradition of firearm regulation."
Judge Orders Alligator Alcatraz To Wind Down Operations Within 60 Days
A federal district court judge granted environmentalist groups’ request for a preliminary injunction.
9 Years Ago, Marco Rubio Explained Why Trump's Birthright Citizenship Order Is Unconstitutional
The 2016 brief defended the understanding of the 14th Amendment that the president wants to overturn.
Court Kills California's One-Gun-a-Month Law
There’s no historical precedent for trying to ration constitutionally protected rights.
The Government Sent '20 Police Officers' With Riot Gear To Rearrest D.C. Sandwich Thrower, Says Attorney
A video by the White House corroborates that account, calling into question just how serious the president is about actually addressing crime.
After Another Delay, Trump's China Tariffs Look Even Less Like a Legitimate 'Emergency'
The words national emergency are not a magic spell that presidents can utter to unlock unlimited legislative powers for themselves.
They Fled Socialism and Came to the U.S. Legally. Now the Trump Administration Is Trying To Deport Them.
For years, the president has rightly railed against those oppressive regimes. So why is his administration targeting their victims?
A First Amendment Lawsuit Highlights the Chilling Impact of Speech-Based Deportation on Student Journalists
The Foundation for Individual Rights and Expression is seeking an injunction that would protect noncitizens at The Stanford Daily from arrest and removal because of their published work.
The Government Seized 7 Horses From a Georgia 'Urban Cowboy.' A Court Says He Can Sue.
In a rare and significant decision, a federal court ruled Brandon Fulton can sue directly under the Takings Clause—without Congress creating a specific remedy.
Federal Circuit Judges Question Trump's Discovery of Vast Tariff Powers
The president is claiming "unbounded authority" to impose import taxes based on a law that does not mention them.
The Government Fined This Farm Over $550,000—Mostly for a Paperwork Violation
Joe and Russell Marino will finally get their day in court. The ruling represents a turning of the tide when it comes to the fairness of such proceedings, where agencies have long played both prosecutor and jury.
Upholding a Vaccine Mandate, the 9th Circuit Embraces an Alarmingly Broad Definition of 'Public Health'
The appeals court held that the government may require COVID-19 shots based purely on the benefits to recipients.
Federal Court Appears Receptive to Arguments Against Unilateral Presidential Tariff Power
President Trump’s invocation of emergency powers to impose tariffs faces skeptical judges.
A Cop Lied, Fabricated a Sex-Trafficking Case, and Jailed a Teen on False Charges—and Still Can't Be Sued
The case is a baffling reminder that the more power a government official has, the harder it is for a victim to get a shot at justice.
Hiking Tariffs on Canada, Trump Demands 'Adequate Steps' To Achieve an Impossible Drug War Goal
Canada accounts for a tiny percentage of fentanyl smuggling, which cannot be stopped by trying harder.
Are Trump's Tariffs Responding to an Actual Emergency?
If so, then why postpone any enforcement until October?
Can Trump Use Emergency Powers To Tax All Imports? His Tariffs Are Back in Court on Thursday.
To win in court, the Trump administration will have to argue against a pair of legal theories that conservatives have spent years developing as a way to check executive power.
The ACLU Says a New York Official Violated the NRA's First Amendment Rights. They Still Can't Sue Her.
A federal court concluded the official was entitled to qualified immunity in a case that united two unlikely allies.
An Arkansas Town Agrees To Remove a License Plate Camera Aimed at a Couple's Home
Local officials initially were unfazed by complaints that the constant surveillance raised serious privacy concerns.
The FBI Seized Her $40,000 Without Explaining Why. She Fought Back Against That Practice—and Lost.
The twist underscores just how little accountability exists in civil forfeiture, which allows law enforcement to seize assets without charging the owner with a crime.
Californians Can Now Buy Ammunition Online Just Like Free Americans
Golden State ammunition restrictions have been voided for violating the Second Amendment.
Michigan Wineries Win $50 Million in Fight Against Local Zoning Rules
A federal judge ruled that Peninsula Township’s former restrictions on music, events, and grape sourcing violated the rights of local wineries.
Trump's Birthright Citizenship Order Is Unconstitutional, Says the First Appeals Court to Consider the Issue
The judgment is not surprising, since the president's reading of the 14th Amendment contradicts its text and history, plus 127 years of Supreme Court precedent.
Hunter Biden Walks Free While This Iowa Man Serves 4 Years for the Same 'Crime'
The contrast between the two cases illustrates the haphazard impact of an arbitrary, constitutionally dubious gun law.
Federal Judge to Trump on FTC Commissioner Firing: No, You Can't Fire Whomever You Want
The ruling upholds protections afforded to officers of the "quasi legislative or quasi judicial agencies" created by Congress.
Judicial Nominee Emil Bove Can't Recall Whether He Said the DOJ Might Say 'Fuck You' To Court Orders
The alleged incident goes to the heart of the objections raised by critics who worry about Bove's respect for the rule of law.
Why a Trump-Appointed Judge Is Torching His Own Court's Approach to Qualified Immunity
Judge James C. Ho recently described a troubling phenomenon on the 5th Circuit and the government abuse it enables.
Appeals Court Briefs Say Trump's Tariffs Are Based on a Statute That Does Not Authorize Tariffs at All
The Cato Institute and the New Civil Liberties Alliance urge the Federal Circuit to extend the logic of a decision against the president's far-reaching import taxes.
The Trump Administration Says Its Speech-Based Deportation Policy 'Does Not Exist'
The government’s lawyers also say that supposedly nonexistent policy is perfectly consistent with the First Amendment.
Gun Rights Groups Welcome the Demise of Illogical and Constitutionally Dubious Federal Firearm Taxes
The taxes on sound suppressors, short-barreled rifles, and short-barreled shotguns, originally enacted in 1934, were meant to be prohibitive, imposing bans in the guise of raising revenue.
A Broad Ruling Against Trump's Immigration Policies Illustrates Alternatives to Universal Injunctions
Class actions and Administrative Procedure Act claims can achieve much the same result as the nationwide orders that the Supreme Court rejected.
Federal Prison Guards Allegedly Beat an Inmate to a Pulp. The Supreme Court Says He Can't Sue.
The ruling tells an interesting story about how the very body that created a cause of action for victims of federal abuse has since worked to undermine that right.
Trump's 'Giant Win' Does Not Validate His Unconstitutional Birthright Citizenship Order
Tellingly, the president avoided defending his dubious interpretation of the 14th Amendment at the Supreme Court.
Trump Says the Courts Have No Business Questioning His Dubious Definition of 'Alien Enemies'
The U.S. Court of Appeals for the 5th Circuit is considering whether the president properly invoked the Alien Enemies Act to deport alleged gang members.
New Jersey Towns Face Setback in Lawsuit Against State's Affordable Housing Mandate
Despite this setback, a coalition of municipalities is challenging the state’s housing program in federal court.
The 5th Circuit Rejects Qualified Immunity for a Child-Snatching Texas Cop Who Falsely Alleged Abandonment
Alexandra Weaver argued that she could not reasonably have been expected to know her actions were unconstitutional.
Criminal Justice Reformers Should Welcome Pam Bondi's Gun Rights Restoration Initiative
Democratic critics of the new program overlook the injustice of permanently disarming Americans who pose no threat to public safety.
Federal Judge Recognizes the Right To Train AI on Copyrighted Works
The lawsuit is a win not just for Anthropic, but for all users of large language models.
Senate Parliamentarian Rejects Dangerous Provision of "Big Beautiful Bill" that Undermines Judicial Protection for Constitutional Rights
The parliamentarian ruled it cannot be enacted as part of a reconciliation bill not subject to the filibuster.
The 9th Circuit Says California's One-Per-Month Limit on Gun Purchases Is Unconstitutional
The appeals court concluded that the restriction impinges on the right to arms and is not consistent with the historical tradition of firearm regulation.
Conservative and Libertarian Public Interest Group Letter Opposing "Big Beautiful Bill" Provision that Undermines Access to Justice [Updated]
The provision requires litigants seeking preliminary injunctions against illegal government actions to post potentially enormous bonds.
A Judge's Order Freeing Mahmoud Khalil Is Yet Another Loss for the Trump Administration's Immigration Agenda
A federal judge didn't buy the Trump administration's claims about why it was keeping Khalil in an federal immigration detention center.
The 9th Circuit Rejects Trump's Audacious Claim That He Can Use the National Guard However He Likes
Although the appeals court said the president probably complied with the law he invoked to justify his California deployment, it emphasized that such decisions are subject to judicial review.
This Court Case Could Normalize Vibes-Based Regulation
A Biden-era rule mandates two-person freight crews. But the government admits it lacks evidence that is necessary—and is instead relying on "common sense."
Trump Argues That He Can Take Over a State's National Guard Whenever He Feels Like It
The government's lawyer told a 9th Circuit panel the president's deployments are "unreviewable," so he need not even pretend to comply with the statute on which he is relying.
Federal Courts Shrug at Potentially Lethal Wrong-Door Raids
Cops should not be free to forgo the modicum of care required to make sure they’re in the right place.
