Judges
Judge Dismisses RICO Charges Against All 'Cop City' Defendants
Two years after the state attorney general charged dozens of protesters with racketeering, a judge found the case unconvincing.
The Rationale for the Federal Circuit's 'Radical Left' Tariff Decision Is Fundamentally Conservative
Donald Trump's claim that the appeals court ruled against him for partisan or ideological reasons is hard to take seriously.
Judge Newman Loses Her Effort to Undo the "Temporary" Bar on Receiving Cases
The D.C. Circuit declines to reach the merits of many of the serious underlying constitutional questions.
Are Opinions Respecting En Banc Denials "Offensive to Our System of Panel Adjudication"?
The judges on the U.S. Court of Appeals for the Sixth Circuit split over whether they should write about the reasons for their splitting over en banc review.
The Criminal Justice System Was Found Guilty in the Karen Read Trial
No matter how John O'Keefe died, the government failed here on multiple levels.
Denver Case Highlights the Potentially Deadly Hazards of Police Raids Based on Secondhand Information
Michael Mendenhall wants the Supreme Court to reconsider a precedent that allows home invasions based on nothing but hearsay.
Trump's Haste Begets Lawlessness
The president treats legal constraints as inconveniences that can be overridden by executive fiat.
Since Immigration Is an 'Invasion,' a Top Trump Adviser Says, the President Might Suspend Habeas Corpus
Stephen Miller's understanding of the Constitution is dubious for several reasons.
Why the FBI Arrested Judge Hannah Dugan
The Wisconsin judge is charged with obstruction of justice and concealing an undocumented alien to prevent his arrest.
Trump's War With the Courts
Plus: A listener asks why some American libertarians seem to unquestioningly accept everything Vladimir Putin says.
Trump's Reading of the Alien Enemies Act Defies the Usual Meaning of Its Terms
To justify the immediate deportation of suspected Venezuelan gang members, the president is invoking a rarely used statute that does not seem to apply in this context.
Trump's Judge Bashing Provokes a Rebuke From Chief Justice John Roberts (Again)
"Impeachment is not an appropriate response to disagreement concerning a judicial decision," Roberts noted after Trump said federal judges who impede his agenda should be fired.
The Feds' Legal Arguments for These Deportations Are Laughably Weak
A Trump administration official admits that there is little specific evidence tying some deportees to any crime—and argues that the lack of evidence should be taken as proof of criminality.
'We Are Not Stopping'
Plus: Texas midwife arrested for violating abortion ban, JFK files, Gaza bombings, astronauts finally rescued, and more...
Republicans May Regret Undermining Judicial Independence
Threats to impeach federal judges who rule against the government are a naked attack on their constitutionally crucial function.
This Judge Tried To Get Out of Jury Duty by Saying Everyone Appearing Before Him Is Guilty
"I know they are guilty," otherwise "they would not be in front of me," said town justice Richard Snyder, who resigned in December.
Biden Shouldn't Have Commuted the Sentence of a Judge in the 'Kids for Cash' Kickback Scandal
But that shouldn't detract from the many worthy people who received commutations after spending years on home confinement.
Arizona Voters Keep Libertarian Supreme Court Justice Clint Bolick
He’ll be around to protect our freedom for a few more years.
During Trump's Second Term, the Supreme Court's Critics Will Be Grateful for Its Restraining Influence
The justices, including Trump's nominees, have shown they are willing to defy his will when they think the law requires it.
Georgia A.G. Drops Frivolous Money Laundering Charges Against Cop City Bail Fund
The three defendants remain under indictment for racketeering, along with 58 others.
Michigan Judge Handcuffed and Jailed a Teen for Falling Asleep During a Field Trip
Judge Kenneth King is facing a lawsuit for punishing a 15-year-old who visited his courtroom with his "own version of Scared Straight.''
Justice Gorsuch Warns Biden To 'Be Careful' With Attempts To Control Supreme Court
Fewer laws and less government would be a better solution to judicial warfare.
Trump Values Judicial Independence Only When It Benefits Him
His criticism of President Joe Biden’s proposed Supreme Court reform is hard to take seriously.
Dismissal of Trump Classified Documents Case Checks the Power of Special Counsels
The decision agreed with Trump that Special Counsel Jack Smith was improperly appointed, which could have positive downstream effects for the rest of us, as well.
Two SCOTUS Cases Show How an Unaccountable Administrative State Hurts 'Ordinary People'
Contrary to progressive criticism, curtailing bureaucratic power is not about protecting "the wealthy and powerful."
Sotomayor Is Right: The Supreme Court Should Reevaluate Absolute Immunity for Prosecutors
The doctrine makes it nearly impossible for victims of prosecutorial misconduct to get recourse.
Why Are Liberals Suddenly Denouncing the Right to a Jury Trial?
Justice Sonia Sotomayor called the Supreme Court ruling in SEC v. Jarkesy "a power grab." She's right, but in the wrong way.
Has SCOTUS Replaced One Kind of Unbridled Discretion With Another in Second Amendment Cases?
Although critics say the Court’s current approach is unworkable, it has been undeniably effective at defeating constitutionally dubious gun regulations.
The 'Bombshell' Secret Alito Recording Was Not a Bombshell
The justice's benign comments set off a lengthy news cycle and have been treated as a scandal by some in the media. Why?
Alabama Man Faces Jail Time for Refusing To Apologize to a Cop for Cursing During Traffic Stop
Reginald Burks says he told a police officer, "Get your ass out of the way so I can take my kids to school." First Amendment lawyers say he can't be forced to apologize.
Does the Constitution Protect the Right To Get High?
Columbia law professor David Pozen recalls the controversy provoked by early anti-drug laws and the hope inspired by subsequent legal assaults on prohibition.
Critics of the Arizona Supreme Court's Abortion Ruling Seem Confused About What Judges Are Supposed To Do
The case hinged on statutory interpretation, not the merits of the state's 1864 ban.
The Justice Department Quietly Ends Reprosecution of Man Who Received Clemency From Trump
Philip Esformes was sentenced for charges on which a jury hung. After receiving a commutation, the federal government vowed to try to put him back in prison.
Trump Ordered To Pay $364 Million for Inflating His Assets in Civil Fraud Trial
Despite brazenly lying on financial documents and inventing valuations seemingly out of thin air, Trump's lender did not testify that it would have valued his loans any differently.
Sentencing Commission Again Proposes Restricting Judges' Use of Acquitted Conduct
Judges can sentence defendants for charges they were acquitted of by a jury, a practice that troubles criminal justice advocates, civil liberties groups, and several Supreme Court justices.
Georgia Judge Issues Potentially Unconstitutional Gag Order in 'Cop City' Trial
The trial of the first of 61 defendants starts today, but the judge has seemingly forbidden any of the defendants or their attorneys from discussing the case.
Trump Gag Order Raises Unsettled Constitutional Questions
A D.C. Circuit judge says the government’s defense of the order gives short shrift to "the First Amendment’s vigorous protection of political speech."
Due Process Demands Stricter Standards for Restraining Orders That Negate Gun Rights
In an upcoming Supreme Court case, the Cato Institute argues that the "threadbare procedures" required by federal law provide inadequate protection for constitutional rights.
The Latest Trump Gag Order Is Relatively Narrow but Still Raises Constitutional Questions
A federal judge barred the former president from "publicly targeting" witnesses, prosecutors, or court personnel.
A 2007 Debate Provoked by Richard Posner Illuminates the Current Clash Over Judicial Power in Israel
The appeals court judge argued that the Israeli Supreme Court had usurped the role of legislators.
Alabama Schedules First Execution After Monthslong Moratorium and 'Sham' Investigation
After an array of botched and unsuccessful executions, the state's Department of Corrections says its ready to start executing inmates again.
Progressive-Backed Candidate Wins Seat on Wisconsin's Supreme Court
Abortion and gerrymandering are likely to be on the court's docket in the near future, and Janet Protasiewicz ran unabashedly to the left on both issues. Is this the best way to decide contentious topics?
With (Judicial) Friends Like These…
The surprising recent rise in partisan, racial, and gender differences in circuit judges following earlier opinions.
In the Israeli Battle Over Judicial Review, Democracy Is the Problem, Not the Solution
Opponents of the reforms favored by Prime Minister Benjamin Netanyahu's coalition should acknowledge the threat posed by unconstrained majority rule.
West Virginia Family Court Judge with History of Arranging Warrantless Searches Resigns
We may have finally discovered a limit to judicial immunity.
