A Constitutionally Dubious California Bill Would Ban Possession of AI-Generated Child Pornography
The proposal seems to conflict with a Supreme Court ruling against laws that criminalize mere possession of obscene material.
Supreme Court
Goodbye to Haley the Hawk
Plus: The most boring write-in campaign, some heat in the Argentine streets, Brooklyn's penchant for vehicular manslaughter, and more...
This Death Row Inmate Says He's Innocent. The Supreme Court Has Agreed To Hear His Case.
After multiple investigations shed doubt on his conviction, the Supreme Court has agreed to decide whether Oklahoma death-row inmate Richard Glossip will get a new trial.
Trump's Supreme Court Brief Rebuts the Claim That He 'Engaged in Insurrection'
He is asking the justices to reject the Colorado Supreme Court's conclusion that he is disqualified from running for president.
Democratic Attorneys General Support Censorship
In an amicus brief filed in Murthy v. Missouri, they ignore basic tenets of First Amendment law in order to quash online speech they don't like.
SCOTUS Ponders the Ambiguity of 'Ambiguous' and Other Chevron Doctrine Puzzles
The justices seem inclined to revise or ditch a 1984 precedent that requires deference to executive agencies' statutory interpretations.
The Chevron Doctrine Discomfits the Weak
Excessive judicial deference gives administrative agencies a license to rewrite the law in their favor.
Oral Argument in Devillier v. Texas Suggests Victory for Property Rights Likely
Both conservative and liberal justices seem to oppose letting states get away with violating the Takings Clause merely because Congress hasn't enacted a specific law enforcing it against them.
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 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.
