Zoning Board Orders Longtime Tenants' Homes Dismantled
Plus: the Supreme Court weighs housing fees and homelessness, YIMBYs bet on smaller, more focused reforms, and a new paper finds legalizing more housing does in fact bring costs down.
Supreme Court
Supreme Court Oral Argument Indicates "Radical Agreement" that there is no "Legislative Exception" to the Takings Clause
That's the big takeaway from yesterday's oral argument in Sheetz v. County of El Dorado. But it's not clear whether the Court will resolve any additional issues, and if so how.
Gavin Newsom Defies the Supreme Court's 'Very Bad Ruling' on the Right To Bear Arms
California made carry permits easier to obtain but nearly impossible to use.
9th Circuit Temporarily Restores the Right To Bear Arms As It Mulls California's New Gun-Free Zones
The state's law, which a federal judge enjoined last month, prohibits firearms in most public places.
Supreme Court Takes a Pass on Minnesota Climate Change Case
Only one justice indicated any interest in premature consideration of state-law climate change lawsuits.
Supreme Court Will Consider Trump Section 3 Disqualification Case
The justices will hear the case on an expedited schedule, and could potentially consider all the issues it raises.
Video of Federalist Society "Seat at the Sitting" Panel on Upcoming Supreme Court Cases
The panel covered many cases and featured views many would not expect at a Fed Soc event.
7 Reasons Trump's Lawyers Say He Is Not Disqualified From Running for President
His Supreme Court petition raises serious questions about how to interpret and apply Section 3 of the 14th Amendment.
Federal Judge Questions 'Evolving Standards' Test for Cruel and Unusual Punishment
The Supreme Court judges Eighth Amendment cases with "evolving standards of decency." Some conservative jurists don't like it.
California's 'Repugnant' Restrictions on Public Gun Possession Just Took Effect
After a federal judge deemed the state's location-specific gun bans unconstitutional, the 9th Circuit stayed his injunction.
Who Decides Whether Trump Can Run, and What Sort of Evidence Suffices?
Letting state officials determine whether a candidate has "engaged in insurrection" opens a huge can of worms.
William Barr Responds on American Petroleum Institute v. Minnesota
The former Attorney General disagrees with me on whether state and local government climate change lawsuits belong in federal court.
The D.C. Circuit Mulls Trump's Alarmingly Broad Claim of Presidential Immunity From Prosecution
His lawyers say no jury can ever consider charges based on his "official acts" as president, which include his efforts to reverse Joe Biden's election.
Removing Trump From the Colorado Ballot Won't Make Things Better
You're not going to save democracy by kicking people out of elections.
5th Circuit Reluctantly Rules Against Victim of a Prosecutor Who Was Also a Law Clerk
Ralph Petty's "conflicted dual-hat arrangement" as an advocate and an adjudicator was "utterly bonkers," Judge Don Willett notes.
This NRA Supreme Court Case Has Big Implications for Porn
The ACLU will represent the gun rights group in a case with widespread relevance for free speech.
What's at Stake in the Supreme Court's Abortion Pill Case
The Court announced today that it would take up a case involving access to the abortion-inducing drug mifepristone.
2nd Circuit Rejects New York's Default Rule Against Guns in Businesses
The court upheld several other location-specific gun bans, along with the state's "good moral character" requirement for a carry permit.
BREAKING: Supreme Court to Consider Fifth Circuit's Abortion Pill Decision
The Court granted two petitions for certiorari seeking review of a controversial lower court decision limiting federal approval of mifepristone.
Supreme Court to Decide Whether to Decide Trump May Claim Presidential Immunity
The Court agreed to the special counsel's request for expedited briefing on whether to grant certiorari.
New York's Broken Housing Court Lets Tenant Stay For Years Without Paying Rent
Plus: Austin and Salt Lake City pass very different "middle housing" reforms, Democrats in Congress want to ban hedge fund–owned rental housing, and a look at GOP presidential candidate's housing policy positions.
Is Climate Change Going Back to the Supreme Court? (Minnesota Edition) [UPDATED]
The justices are considering whether to grant certiorari in Minnesota's lawsuit against energy companies.
Justice Jackson Really Does Not Like Munsingwear Vacatur
Justice Jackson notes her objection to the Court's standard practice of vacating lower court decisions rendered moot by the prevailing party below.
Will Abortion Issues Return to the Supreme Court?
The Court has been asked to intervene in cases involving abortion pills and criminal prosecution of abortion doctors.
Justice O'Connor's Parting Dissents Highlighted the Twin Perils of Local Tyranny and Federal Overreach
The late Supreme Court justice eloquently defended property rights and state autonomy.
Supreme Court Dismisses ADA Tester Standing Suit as Moot
The Supreme Court's first decision of the term does not decide very much.
How Originalist Is the Supreme Court?
More than you might think—and it’s getting better all the time.
California Defies SCOTUS by Imposing Myriad New Restrictions on Public Gun Possession
By banning firearms from a long list of "sensitive places," the state is copying a policy that federal judges have repeatedly rejected.
Sandra Day O'Connor, RIP
She was the first woman Supreme Court justice, and played a key role in changing the Court's jurisprudence for the better on several issues.
Seattle Banned Landlords From Rejecting Tenants Based on Criminal Records. Will the Supreme Court Step in?
The political push behind the law was well-meaning. But it will backfire on many prospective renters.
Laws Requiring Permission to Obtain Guns Look Vulnerable
The 4th Circuit’s rejection of Maryland’s handgun licensing system suggests similar schemes in other states are unconstitutional.
Two 15-Year Sentences Illustrate the Ugly Interaction of Drug and Gun Laws
The Supreme Court mulls how to apply a mandatory minimum for gun possession by people convicted of drug felonies.
SEC v. Jarkesy and the Future of Agency Adjudication
An important challenge to the use of agency adjudication to enforce federal regulations.
Do You Still Have the Right to a Jury Trial?
The Supreme Court will consider whether federal agencies’ administrative judges violate the Seventh Amendment.
The 4th Circuit Says Maryland's Handgun Licensing Law Is Unconstitutional
Before buying a handgun, residents had to obtain a "qualification license," which could take up to 30 days.
Our Amicus Brief in Devillier v. Texas - an Important Takings Case Before the Supreme Court
The amicus brief is on behalf of the Cato Institute and myself.
He Lost His Gun Rights Because of a Misdemeanor DUI Conviction. That Was Unconstitutional, a Judge Says.
The case highlights the broad reach of a federal law that bans firearm possession by people with nonviolent criminal records.
The Supreme Court Should Not Let Bureaucrats Invent Crimes by Rewriting the Law
The Trump administration’s unilateral ban on bump stocks turned owners of those rifle accessories into felons.
Supreme Court Adopts Ethics Code
The provisions seem sensible, though there are legitimate concerns about enforcement.
Civil Forfeiture Defendants Have the Right to a Jury Trial, Says the Indiana Supreme Court
That prosecutors in the Hoosier State successfully denied people this due process is a reflection of how abusive civil forfeiture can be.
Only 'Dangerous Individuals' Lose Their Gun Rights Because of Protective Orders, the Government Says
Solicitor General Elizabeth Prelogar falsely claims a federal gun ban "requires individualized findings of dangerousness."
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 Best Hope to Rein in Rent Control Is Lurking on the Supreme Court's Docket
The U.S. Supreme Court keeps putting off deciding whether to take up a challenge to New York's rent control scheme.
Dobbs Is Reshaping American Politics
A wave of ballot measures reminds us most Americans are moderate on abortion.
These Public Officials Blocked Critics on Social Media. Was That Constitutional?
The Supreme Court considers whether and when banishing irksome constituents violates the First Amendment.
