Litigation
Conservatives Who Want To Weaken Defamation Standards May Regret Opening That Can of Worms
Contrary to the Supreme Court's First Amendment precedents, Donald Trump thinks harsh criticism of the president should be actionable.
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.
How Does California Define COVID-19 'Misinformation'? Judges Disagree, but Doctors Are Expected To Know.
One federal judge thought the state's new restrictions on medical advice were clear, while another saw a hopeless muddle.
A Federal Judge Blocks California's Ban on Medical Advice That Promotes COVID-19 'Misinformation'
U.S. District Judge William B. Shubb says the law is unconstitutionally vague.
A Federal Judge Says the DOJ's Sex Offender Registration Rules Violate Due Process by Requiring the Impossible
Justice Department regulations threaten people with prosecution for failing to register even when their state no longer requires it.
The Hazards of Holding YouTube Liable for Promoting Terrorism
A Supreme Court case illustrates the potential costs of making it easier to sue social media platforms over user-generated content.
A Federal Judge Blocks New Jersey's Sweeping Restrictions on Public Gun Possession
By banning firearms from a wide range of "sensitive places," the state effectively nullified the right to bear arms.
The 3rd Circuit Considers Whether Nonviolent Crimes Justify the Loss of Second Amendment Rights
Because of a misdemeanor welfare fraud conviction, Bryan Range is no longer allowed to own guns.
The 5th Circuit Says the ATF Exceeded Its Legal Authority When It Banned Bump Stocks
The decision defends the separation of powers and the rule of law against an attempt to prohibit firearm accessories by administrative fiat.
South Carolina's Supreme Court Says the State Constitution Protects a Right to Abortion
The court ruled that the state's six-week abortion ban violates the right to privacy.
Why Take Responsibility When You Can Blame Somebody Else?
The year’s highlights in buck passing feature petulant politicians, brazen bureaucrats, careless cops, loony lawyers, and junky journalists.
These Memos Show That FDA Regulation of E-Cigarettes Is Driven by Dubious Value Judgments Rather Than Science
The agency is determined to ban the flavors that former smokers overwhelmingly prefer. For the children.
11th Circuit Says a Judge Should Not Have Interfered With the FBI's Review of the Mar-a-Lago Documents
The appeals court says Donald Trump's status as a former president does not entitle him to special treatment.
Abortion Rights Advocates Ask DOJ To Defend Section 230
While "the 26 words that created the internet" have been under fire from both sides, two groups argue that the 1996 law is essential to the future of abortion rights.
California's COVID-19 'Misinformation' Law Chills Constitutionally Protected Speech
The state is threatening to punish doctors whose advice deviates from the "scientific consensus."
Trump Says Taking Presidential Records to Mar-a-Lago Automatically Made Them His Property
According to the former president's lawyers, his decision to retain the documents made them "personal."
Arizona Appeals Court Deflates Subsidies for Space Balloons
According to the ruling, the Pima County Board of Supervisors violated the state constitution's Gift Clause with its sweetheart deal to a space tourism company.
Judge Dismisses Lawsuit Against TikTok Over Child's Death in Blackout Challenge
In his dismissal order, the judge cited Section 230, the law protecting websites from liability for user-generated content.
Biden Mistakenly Imagines That Congress Approved His Student Debt Cancellation Scheme
The lack of statutory authority is the main issue raised by legal challenges to the plan.
A Federal Judge Says Trump Knowingly Endorsed False Fraud Claims in an Election Lawsuit
Despite that evidence, it is hard to tell whether Trump actually thought he beat Biden.
Texas Pete Hot Sauce the Latest Victim in Exploding Trend of Cynical False Labeling Lawsuits
A handful of law firms are behind a spike in class-action lawsuits claiming consumers are harmed by opaque, half-full macaroni boxes and "all natural" fiber supplements.
An Iowa Jury Awards $12 Million in Damages to a Man Who Was Wrongly Imprisoned for Sexual Abuse
A former guidance counselor served six years of a 25-year sentence thanks to a public defender's incompetence.
The FBI Regains Access to Mar-a-Lago Documents That Trump Claims He Mentally Declassified
Even if Trump did declassify those records, the 11th Circuit says, he "has not identified any reason that he is entitled to them."
Judge Reviewing Mar-a-Lago Documents Complains That Trump Has Offered No Evidence He Declassified Them
In any case, that issue does not seem relevant under the statutes that the FBI cited in its search warrant.
These Emails Show How the Biden Administration's Crusade Against 'Misinformation' Imposes Censorship by Proxy
Social media companies are eager to appease the government by suppressing disfavored speech.
1st Circuit Says Maine's Residency Rule for Medical Marijuana Suppliers Is Unconstitutional Protectionism
Notwithstanding federal pot prohibition, the appeals court says, the requirement violated the Commerce Clause's implicit prohibition of anti-competitive interstate trade barriers.
Is Twitter's Lawsuit Against Elon Musk a "Loser"? (Updated)
Corporate law profs disagree on the merits of Twitter's lawsuit to force Elon Musk to follow through with his offer to buy the company.
Without Roe v. Wade, Litigants Look to State Constitutions for Protection of Abortion Rights
Several state supreme courts already have recognized the right to terminate a pregnancy. Will more states join the list?
SCOTUS Lets Tony Timpa's Family Pursue Claims Against Cops Who Killed Him While Supposedly Trying To Help Him
The lawsuit over Timpa's deadly prone restraint, initially blocked by qualified immunity, was revived by the 5th Circuit.
Florida's Agriculture Commissioner Says the Ban on Gun Possession by Marijuana Users Is Unconstitutional
Nikki Fried, a Democrat, is suing the Biden administration, arguing that the policy violates the Second Amendment and a congressional spending rider.
The DOJ Is Reluctant To Continue Defending the CDC's Mask Mandate Because It Worries It Will Lose Again
Clarifying the agency's authority could impede future power grabs.
California Cities Sue Law Firm Accused of Abusing the ADA To Target Small Minority Businesses
San Francisco and Los Angeles insist in suit that likely tens of millions have been illegitimately squeezed from small businesses by ADA plaintiffs without proper legal standing.
Here Is Why a Federal Judge Says Trump Probably Committed Felonies When He Tried to Overturn Biden's Election
A ruling in a dispute over emails sought by the January 6 committee agrees that Trump's actions likely violated two federal laws.
The 5th Circuit Approves a Cop's Violent Response to a Dispute Over a 7-Year-Old's Littering
The officer used a "pain compliance maneuver" to force information from the boy's sister, who was recording the encounter.
Opponents of the Texas Abortion Ban Still Have Ways To Challenge It
Although a Texas Supreme Court ruling ended the main challenge to the law, other cases could ultimately block its enforcement.
A Judge Finds a 'Substantial Basis' for the Claim That Fox News Recklessly Promoted Trump's Election Fantasy
The decision allows Smartmatic to proceed with its defamation lawsuit against Fox, two anchors, and Rudy Giuliani.
Sidney Powell Disowns Her Kraken, Saying She Is Not Responsible for Her Phony Story of a Stolen Election
The former Trump campaign lawyer, who is fighting sanctions against her, says the claims she made in her Michigan lawsuit "perhaps" were true.
These Lawsuits Argue That Trump Conspired To Incite the Capitol Riot
Proving that claim requires more than reckless rhetoric, which is constitutionally protected.
Here Is Why the 6th Circuit Reinstated OSHA's Vaccine Mandate—and Why One Judge Disagreed
The argument hinges largely on what makes an emergency standard "necessary."
Taking a Page From the Texas Abortion Ban, California's Governor Threatens To Attack Gun Rights With Private Lawsuits
Gavin Newsom is exploring legislation to authorize private civil actions against people who sell "assault weapons" or gun kits.
SCOTUS Says State Judges and Court Clerks Can't Be Sued To Block Enforcement of the Texas Abortion Ban
The Court allowed claims against health care regulators to proceed, but that will not prevent the private civil actions authorized by the law.
Here Is Why a Texas Judge Concluded That the State's Abortion Ban Is Unconstitutional
District Court Judge David Peeples focused on the law's "unique and unprecedented" enforcement mechanism rather than abortion rights.
5th Circuit Temporarily Restores Greg Abbott's Ban on School Mask Mandates
The appeals court is skeptical of the claim that the Texas governor's order illegally discriminates against people with disabilities.
Here Is Why a Federal Judge Blocked Enforcement of the Texas Social Media Law
Gov. Greg Abbott attacks First Amendment rights in the name of defending them.
South Dakota's Governor Succeeds in Blocking Voter-Approved Marijuana Legalization
The South Dakota Supreme Court ruled that the ballot initiative violated the "single subject" rule for constitutional amendments.
Should We Blame Pharmacies or the Government for Opioid-Related Deaths?
Restrictions on pain medication have undermined patient care while making drug use more lethal.
