Qualified Immunity Is Not Limited to Police Brutality. It Protects a Wide Variety of Abusive Officials.
An analysis of appeals involving the doctrine finds that less than a quarter "fit the popular conception of police accused of excessive force."
Supreme Court
This 70-Year-Old Woman Might Lose Her $377,000 Home Over a Small Tax Debt
The Supreme Court supposedly put an end to “home equity theft” last year. But some state and local governments have found a loophole.
SCOTUS Is Troubled by the Claim That States Can Disqualify Trump From the Election As an Insurrectionist
Most of the justices are clearly inclined to reject a Colorado Supreme Court decision asserting that power under Section 3 of the 14th Amendment.
Cops Arrested Him for a Fictitious Traffic Violation Because He Flipped Them Off
A federal judge allowed a lawsuit against the officers to proceed, finding evidence of several constitutional violations.
While Attention Was on Oral Argument in Trump v. Anderson, the Supreme Court Issued Two Opinions
Things you may have missed between the Trump disqualification case, Biden special counsel report, and NBA trade deadline.
Thoughts on the Supreme Court Oral Argument in the Trump Section 3 Case
The justices might well overrule the Colorado Supreme Court on the grounds that only Congress has power to enforce Section 3 of the 14th Amendment. Such a ruling would be a serious mistake.
Hawaii's Supreme Court Insists There Is No Individual Right to Arms
Rejecting a challenge to the state's strict gun laws, the court is openly contemptuous of Second Amendment precedents.
Was Amazon 'Free to Ignore' White House Demands That It Suppress Anti-Vaccine Books?
The Biden administration's interference with bookselling harks back to a 1963 Supreme Court case involving literature that Rhode Island deemed dangerous.
Based on Loose Reasoning, a Federal Judge Rejects a Challenge to the Gun-Free School Zones Act
The decision likens the federal law to Reconstruction era restrictions on firearms near polling places.
The D.C. Circuit Unanimously Rejects Trump's Audacious Presidential Immunity Claim
The appeals court says it "cannot accept that the office of the Presidency places its former occupants above the law for all time thereafter."
Whether Chevron Stands or Falls, Any Deference Should Be Based Upon Delegation, Not Ambiguity
Some thoughts on the most important issue in Relentless and Loper Bright.
He Was Arrested for Making a Joke on Facebook. A Jury Just Awarded Him $205,000 in Damages.
The verdict vindicates the constitutional rights that Louisiana sheriff's deputies flagrantly violated when they hauled Waylon Bailey off to jail.
My Supreme Court Amicus Brief in Trump v. Anderson - the Section 3 Disqualification Case
The brief explains why a criminal conviction is not necessary for Trump to be disqualified from the presidency under Section 3 of the 14th Amendment.
She Was Arrested for Her Journalism. A Federal Court Says She Can't Sue.
Priscilla Villarreal, also known as "Lagordiloca," has sparked a debate about free speech and who, exactly, is a journalist.
Justice Sotomayor Voices Her Frustration with Supreme Court and Advocates
Some candid remarks at the University of California at Berkeley
No, Texas Has Not "Defied" The Supreme Court
Perhaps Governor Abbott will flout a directive from the Supreme Court in a future case, but reports of Texas "defying" the Supreme Court are bunk, and many making such claims should know better.
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.
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.
