By Openly Retaliating Against Disfavored Law Firms, Trump Attacks Free Speech and the Right to Counsel
Two of his targets are seeking permanent injunctions against the president's blatantly unconstitutional executive orders.
Fifth Amendment
Trump Says Alleged Gang Members Don't Need Hearings Because the Government Is Infallible
The Supreme Court unanimously rejected that claim, upholding the right to due process in deportation cases.
ACLU Files Habeas Class Action to Block Alien Enemies Act Deportations
This case has crucial implications for the ability of migrants to effectively challenge illegal AEA deportations.
Supreme Court Rejects Trump's Claim That He Can Summarily Deport Anyone He Describes As an 'Alien Enemy'
Although the Court lifted an order that temporarily blocked removal of suspected gang members, it unambiguously affirmed their right to judicial review.
The FBI Seized This Woman's Life Savings—Without Telling Her Why
Linda Martin's lawsuit alleges that the agency violated her right to due process when it took her $40,200 and sent her a notice failing to articulate the reason.
How Trump's Alien Enemies Act Deportations Violate the Due Process Clause of the Fifth Amendment
The people deported are incarcerated in Salvadoran prisons without any due process whatsoever.
Congress, the Fifth Amendment, and Personal Jurisdiction
A recently filed amicus brief in Fuld v. PLO.
Defaming Businesses Doesn't Protect Consumers
If the Consumer Product Safety Commission doesn't have enough data to enact a rule, it shouldn't be making informal recommendations either.
He Lost the Title to His Home Over a Small Property Tax Debt. Years Later, He's Finally Getting It Back.
A local government gave ownership of Kevin Fair's Nebraska house—and all of its value—to a private investor, in a practice known as home equity theft.
Supreme Court Can Protect Property Owners From Eminent Domain Abuse
A Utica, New York, land grab offers the justices an opportunity to revisit a widely criticized precedent.
The Government Took a Developer's Land and Gave It to a Competitor. In New York, That's Business As Usual.
The case gives the Supreme Court an opportunity to revisit a widely reviled decision that invited such eminent domain abuses.
A SWAT Team Destroyed an Innocent Woman's House. The Supreme Court Won't Hear Her Case.
Whether or not the government is required under the 5th Amendment to pay such victims will remain an open question.
Police Want the Password to Your Phone
Without a warrant and specific proof of incriminating evidence, police should never be allowed past your phone’s lock screen.
Governments Are Still Stealing People's Home Equity Over Modest Tax Debts
A handful of states use loopholes to get around a Supreme Court ruling that declared the practice unconstitutional.
Will SCOTUS Take on New York's Latest Eminent Domain Scam?
Two brothers are asking the Supreme Court to stop their town from using eminent domain to steal their land for an empty field.
A Movie Mirrors the Stranger-Than-Fiction Reality of Civil Asset Forfeiture
The outrageous seizure at the center of Rebel Ridge resembles real-life cash grabs.
This Nebraska Man Almost Lost His Home and All of Its Equity Over a Small Tax Debt. He Just Won in Court.
Kevin Fair fell behind on his property taxes in 2014. The local government eventually gave a private investor the deed to his home.
Albuquerque's Police Chief Says Cops Have a 5th Amendment Right To Leave Their Body Cameras Off
Harold Medina made that argument during an internal investigation of a car crash he caused last February.
Baltimore's Tax Sales Are Robbing People of Their Equity
The Edmondson Community Organization accrued a modest property tax debt. The group paid dearly for that.
A Lawsuit by Christian Zionists Says Biden's West Bank Sanctions Violate the First Amendment
By targeting "persons undermining peace, security, and stability," the plaintiffs argue, the president is threatening to punish people for opposing a two-state solution.
VinFast Delays Production After North Carolina Seizes Property for Factory Site
North Carolina taxpayers have already spent over $96 million on the site, while state officials have seized multiple private properties.
She Underpaid a Property Tax Bill. So the Government Seized Her Home, Sold It—and Kept the $102,636 Profit.
Chelsea Koetter is asking the Michigan Supreme Court to render the state's debt collection scheme unconstitutional.
The Supreme Court Again Strengthens the Right to a Jury Trial in Criminal Sentencing
Paul Erlinger was sentenced to 15 years in prison based largely on a determination made by a judge—not a jury.
Can This Woman Sue the Rogue Prosecutor Who Allegedly Helped Upend Her Life?
Prosecutor Ralph Petty was also employed as a law clerk—by the same judges he argued before.
A SWAT Team Blew Up This Innocent Couple's Home and Left Them With the Bill. Was That Constitutional?
Mollie and Michael Slaybaugh are reportedly out over $70,000. The government says it is immune.
Missouri Bill Would Ban Eminent Domain, but Only for Wind and Solar Projects
The Show Me State has plenty of room to rein in laws on taking private property, but instead, lawmakers are focusing only on one very narrow use case.
After Iowa Police Ignored Her Pleas for Help, Her Estranged Husband Killed Her
Angela Prichard was murdered after Bellevue police officers repeatedly refused to enforce a restraining order against her abusive husband.
Appeals Court Rules That Cops Can Physically Make You Unlock Your Phone
The 9th Circuit determined that forcibly mashing a suspect's thumb into his phone to unlock it was akin to fingerprinting him at the police station.
Social Media Platforms Have Property Rights Too
The push to regulate social media content infringes on rights guaranteed by the Fifth Amendment.
Historic Preservation Board Stops Family Removing KKK Supporter's Initial From Front of their House
Kristy Kay Money and Rolf Jacob Sraubhaar are now suing the city of San Marcos, Texas, saying they're being forced to keep a Klan-linked symbol on the front of their house is a physical taking.
4 Reasons Trump Says a Judge Should Dismiss Charges in the Classified Documents Case
His lawyers assert presidential immunity and discretion, criticize an "unconstitutionally vague" statute, and question the special counsel's legal status.
This Innocent Woman Is on the Hook for Thousands After a SWAT Team Destroyed Her Home
An error-prone investigation in search of a fugitive led police to Amy Hadley's house.
Another Takings Case in Which Law Enforcement Severely Damaged an Innocent Person's Property
In this case, an LA SWAT team destroyed an innocent store owner's shop in the process of trying to catch a suspect.
A SWAT Team Destroyed an Innocent Man's Shop. Then the City Left Him With the Bill.
Carlos Pena's livelihood has been crippled. It remains to be seen if he'll have any right to compensation.
Are Abortion Bans Takings?
Legal scholar Julie Suk argues the answer is "yes." The idea has a solid basis in natural rights theory, but is at odds with longstanding legal doctrine. It also has potentially very broad libertarian implications.
The County Sold Her Home Over Unpaid Taxes and Kept the Profit. SCOTUS Wasn't Having It.
"The taxpayer must render unto Caesar what is Caesar's, but no more," wrote Chief Justice John Roberts.
The Government Stole Her Home Equity Over an Unpaid Tax Bill. Will the Supreme Court Vindicate Her?
A win for Geraldine Tyler, who is now 94 years old, would be a win for property rights.
A Texas-Backed Lawsuit Argues That the ATF's Pistol Brace Rule Is Arbitrary and Unconstitutional
Although the law did not change, regulators suddenly decided to criminalize unregistered possession of braced pistols.
Federal Appeals Court Rejects Rent Control Challenge, Says Government Has Wide Powers To Regulate Land Use
The 2nd Circuit reasoned that the government hasn't necessarily taken a landlord's property when it forces him or her to operate at a loss while renting to a tenant he or she never agreed to host.
They Fell Behind on Their Property Taxes. So the Government Sold Their Homes—and Kept the Profits.
The Supreme Court has agreed to hear 94-year-old Geraldine Tyler's case challenging home equity theft.
Sentencing Commission Proposes Restricting Judges' Use of Acquitted Conduct
It may sound bizarre, but yes, you can be punished at sentencing for an offense you were acquitted of by a jury.
Sixth Circuit Holds Deposition Testimony Does Not Waive Fifth Amendment Right Against Self-Incrimination
A divided panel concludes that government officials forced to testify at Flint Water Crisis civil trial did not waive their constitutional right against self-incrimination just because they had answered questions in depositions.
Sixth Circuit Rules Government Cannot Seize $300,000 in Home Equity to Pay $22,000 Tax Debt
Doing so qualifies as a taking requiring "just compensation" under the Takings Clause of the Fifth Amendment.
Donald Trump Pleads the 5th After Years of Saying Only Guilty People Do That
The former president may be a hypocrite, but at least he knows his own rights.
SCOTUS Says You Can't Sue the Cops for Violating Your Miranda Rights
A 6–3 ruling undermines attempts to hold police accountable for misconduct.
