Trump's $100,000 H-1B Visa Fee Is an Unconstitutional Tax, a Federal Judge Rules
U.S. District Judge Leo Sorokin struck down the fee, saying it exceeds the president's statutory authority and violates the separation of powers.
Federal Courts
In Lawsuit Over Construction Raids, DHS Official Testifies ICE Agents Can't Trust REAL IDs
A Homeland Security official's testimony that ICE agents couldn't rely on REAL IDs as proof of citizenship led a federal judge to reply, "Help me understand how that makes sense."
Instacart Is Suing New York City Over Its $22.13 Minimum Wage for Delivery Drivers
The economic fallout of the law has been significant. Is it even legal?
This Attempt by the Trump Administration To Cripple Legal Immigration Is Illegal, Judge Rules
The government had imposed an indefinite pause on adjudicating asylum petitions and applications for green cards, work permits, and citizenship for legal immigrants from certain countries.
Even If Trump's Ballroom Project Is Illegal, a DOJ Lawyer Says, the Courts Cannot Stop It
The D.C. Circuit is reviewing an injunction issued by a judge who said "no statute comes close to giving the President the authority he claims to have."
The Trump Administration Is Still Fighting To Keep Billions in Illegal Tariff Revenue
The administration has paid $20 billion in refunds. Now, it is asking a federal appeals court to limit which businesses will get the rest.
Todd Blanche Hates 'Weaponization' of Government Unless It Benefits His Boss
Blanche is happy to pervert justice in service of the president's personal agenda. No wonder Trump wants to keep him as attorney general.
Lawsuit Says a Memphis Police Task Force Waged a Harassment Campaign Against People Who Filmed Them
The American Civil Liberties Union is asking a judge to block the Memphis Safe Task Force from retaliating against anyone who exercises their First Amendment right to record the police.
Trump's Immunity Deal Stinks Even More Than His Blatantly Corrupt 'Anti-Weaponization Fund'
An addendum to the president's "settlement" of his lawsuit against the IRS shields him and his family from liability for any federal offenses they committed prior to May 19.
Trump's Self-Promotion Is Always Shameless and Sometimes Illegal
The president tramples the rule of law in his rush to glorify himself.
Trump Is Reportedly Reconsidering His Politically and Legally Contentious 'Anti-Weaponization Fund'
The Justice Department signals a retreat from defending the blatantly corrupt scheme, which provoked vigorous objections from Republican lawmakers.
Trump Broke the Law When He Slapped His Name on the Kennedy Center, a Federal Judge Says
The decision is a modest but welcome victory for the rule of law.
Trump's Corrupt 'Settlement' With the IRS Hits Two Judicial Roadblocks
One order temporarily blocks money for the president's "Anti-Weaponization Fund." The other asks whether the agreement is a fraudulent "product of collusion."
Rejected Search Warrant Applications Raise Further Questions About the Federal Case Against Don Lemon
After a magistrate judge said a DHS investigator had failed to establish probable cause, the government decided it did not need the YouTube and iPhone records after all.
High Liquor Taxes and a Home Distillation Ban Guarantee a Thriving Booze Black Market
The courts have an opportunity to legalize small-scale distillation, but taxes remain a problem.
A SWAT Team Destroyed an Innocent Woman's Home. She's Been Waiting 6 Years for Justice.
Vicki Baker is more fortunate than several other similarly situated victims. But it took a very long time to get there.
Trump's 'Anti-Weaponization Fund' Is Built on a Contradiction
The president has fought to make sure alleged victims of government misconduct cannot get compensation. What changed?
The $1.776 Billion in Trump's 'Anti-Weaponization Fund' Fits a Pattern of Fanciful Figures
In one lawsuit after another, the president has claimed damages in amounts completely disconnected from reality.
A Tennessee Man Jailed for 37 Days Because of an Anti-Trump Meme Will Get $835,000 for His Trouble
Perry County Sheriff Nick Weems preposterously claimed that Larry Bushart had threatened "mass violence" at a school.
A State Assault Case Against an ICE Agent Could Illustrate the Limits of Supremacy Clause Immunity
That defense applies only when an officer "reasonably" believed he was acting within his federal authority.
Filming Cops Is a First Amendment Right. The Feds Keep Harassing People for It Anyway.
Most federal appeals courts have recognized the right to record police. DHS employees nevertheless seem to view it as a crime.
Virginia's New 'Assault Firearm' Ban Is Plainly Unconstitutional, a Federal Lawsuit Argues
Three Second Amendment groups say the law violates the right to own arms in common use for self-defense and other lawful purposes.
Judge Stops U.S. Treasury From Sanctioning Someone's Speech
The Trump administration accused Francesca Albanese of “lawfare that targets U.S. and Israeli persons.” But a court said that’s not ground to seize her property.
Cops Get Qualified Immunity After Michigan Man Spends 13 Hours in Vomit and Dies in Jail
A court granted qualified immunity to all 11 deputies accused of violating John Griswold’s 14th Amendment rights.
A Circuit Split Gives SCOTUS an Opportunity To Overturn a Federal Law That Makes Home Distilling a Felony
The 6th Circuit upheld that 158-year-old law, while the 5th Circuit concluded it could not be justified as a revenue measure.
The Trump Administration Is a Powerful but Unreliable Ally of Second Amendment Advocates
Even as the Justice Department files lawsuits aimed at vindicating gun rights, it undermines them in other cases.
How the ACLU Started Defending the Second Amendment
The civil liberties group, which long maintained that there is no constitutional right to arms, sang a different tune at the Supreme Court this year.
D.C. Circuit Seems Disinclined To Let Pete Hegseth Punish a Senator for His Speech
The defense secretary argues that military retirees like Sen. Mark Kelly are not allowed to say things he unilaterally deems "prejudicial to good order and discipline."
Federal Court: Trump's Newest Tariffs Are Also Illegal
Trump's use of Section 122 ignored the plain language of the law and invoked a broad executive power where Congress clearly provided a narrow one.
DOJ Challenges Denver's 'Assault Weapon' Ban and Colorado's Magazine Limit
Assistant Attorney General Harmeet Dhillon argues that both laws violate the Second Amendment by banning arms in common use for lawful purposes.
Whatever Evidence the DOJ Has Against James Comey, It Cannot Transform '86 47' Into a Death Threat
Acting Attorney General Todd Blanche implausibly claims prosecutors can prove Comey "knowingly and willfully" threatened to murder the president.
Why the Courts Will 86 the Flagrantly Unconstitutional Charges Against James Comey
The case defies more than half a century of rulings on the “true threat” exception to the First Amendment.
Defending the White House Ballroom, the DOJ Files a Trump Tantrum Masquerading As a Motion
The brief, which asks a federal judge to reconsider an injunction blocking the project, reads like it was transcribed from the president's Truth Social account.
Allowing Censorship of Military Retirees Like Sen. Mark Kelly Would Set a Chilling and Dangerous Precedent
To justify punishing a legislator for his speech, a FIRE brief notes, Defense Secretary Pete Hegseth relies on a Supreme Court precedent that is clearly inapposite.
Separation of Church and State
Federal Appeals Court Says Texas' Ten Commandments Law Isn't Indoctrination
The 5th Circuit upheld a controversial law requiring Texas schools to display the Ten Commandments.
Judge Says DOJ and DHS Likely Coerced Tech Firms To Censor ICE-Tracking Platforms
The platform creators filed a lawsuit claiming their First Amendment rights were violated after the Trump administration convinced Apple and Facebook to remove their content.
Pete Hegseth Wants the D.C. Circuit To Let Him Punish a Senator for Criticizing Him
The defense secretary's asserted authority to control the speech of retired military officers "would chill public participation by veterans," a brief supporting Mark Kelly warns.
San Jose's 'Creepy' and 'Deeply Intrusive' ALPR Camera System Is Unconstitutional, a New Lawsuit Says
The city has created a network of nearly 500 cameras that routinely monitor innocent people as they go about their daily lives.
The FTC's Probe of Media Matters for America Is a Blatant Assault on Freedom of Speech
In the guise of investigating "potentially unlawful advertiser boycotts," the commission is punishing the organization for its views.
A Federal Judge Dismisses Trump's Defamation Lawsuit Against The Wall Street Journal
Trump's failure to properly allege "actual malice" is consistent with his long history of filing shaky legal claims against people who say things he does not like.
In New Tariff Cases, Trump Asserts 'Unreviewable' Power To Invent a Balance-of-Payments Deficit
The Court of International Trade is weighing the legality of the import taxes that the president wants to impose under Section 122 of the Trade Act of 1974.
Innocent Property Owners Deserve 'Just Compensation' When Cops Wreck Their Homes or Businesses
Two petitions ask the Supreme Court to uphold the remedy required by the Fifth Amendment.
With His Grandiose White House Ballroom Plan, Trump Again Asserts the Power To Do As He Pleases
"No statute comes close to giving the President the authority he claims to have," U.S. District Judge Richard Leon concluded when he enjoined the project.
Nationwide Injunctions, a Crucial Check on Presidential Power, Are Not Dead Yet
Both Donald Trump and Joe Biden asked the Supreme Court to abolish nationwide injunctions, which allow federal judges to stop a federal policy from going into effect.
A Jury Approves Damages After 2 Texas Cops Snatched a Supposedly 'Abandoned' Girl From Her Home
The jurors concluded that the officers violated the Fourth and 14th amendments when they seized a 14-year-old without evidence that she was in danger.
Minnesota Bills Would Create State Right To Sue Government Officials for Constitutional Violations
Two different pieces of legislation aim to create state workarounds to the procedural quagmire of federal civil rights litigation.
A Lawsuit Settlement Highlights Trump's Hypocrisy on Government Meddling With Social Media
Despite its rejection of the Biden administration's interference, the Trump administration is still asserting authority over online speech.
