The Source of Law in Tyler v. Hennepin County
a sub silentio invocation of the general law and positive law approaches
Supreme Court
My New Brennan Center Article on Tyler v. Hennepin County and the Cross-Ideological Case for Stronger Judicial Protection for Constitutional Property Rights
The Tyler home equity theft case is just the tip of a much larger iceberg of property rights issues where stronger judicial protection can protect the interests of the poor and minorities, as well as promote the federalist values of localism and diversity.
Supreme Court Reins in EPA Overreach
Thanks to Sackett v. EPA, the feds can no longer treat a backyard puddle like it's a lake.
In Sackett v. EPA, the Supreme Court Cuts Back Federal Regulatory Authority Over Wetlands
The Clean Water Act decision was a unanimous win for the Sacketts, and a 5-4 victory for Justice Scalia's 2006 Rapanos v. United States plurality.
Major Unanimous Supreme Court Victory for Property Rights in Tyler v. Hennepin County
The Supreme Court ruled that home equity theft qualifies as a taking, and that state law is not the sole source for the definition of property rights. The ruling is imprecise on some points, but still sets an important and valuable precedent.
The County Sold Her Home Over Unpaid Taxes and Kept the Profit. SCOTUS Wasn't Having It.
"The taxpayer must render unto Caesar what is Caesar's, but no more," wrote Chief Justice John Roberts.
The Perils of 'Rule by Indefinite Emergency Edict'
Supreme Court Justice Neil Gorsuch highlights a vital lesson from the COVID-19 pandemic.
Border Patrol Shoots and Kills Arizona Man Who Called Them for Help
The FBI is investigating the shooting, but Supreme Court precedent from last year's Egbert v. Boule will make it nearly impossible for Raymond Mattia's family to find justice through civil courts.
Summary Reversal of Sixth Circuit in Calcutt v. FDIC Reaffirms the Importance of Chenery I
A welcome reminder that reviewing courts must judge the propriety of agency actions solely by the grounds invoked by the agency.
Supreme Court: Andy Warhol's Prince Prints Not 'Transformative' Enough for Fair Use
The case could have long-term implications for how broadly fair use can be applied.
Gorsuch Condemns 'Breathtaking' COVID Emergency Powers That Crushed Civil Liberties
"Since March 2020, we may have experienced the greatest intrusions on civil liberties in the peacetime history of this country," Gorsuch wrote. That might be an exaggeration, but it isn't far off.
Section 230 Is Safe (for Now) After Supreme Court Rules on Google and Twitter Terrorism Cases
Plus: A new lawsuit in Montana over the state's TikTok ban, the economic realities of online content creation, the rights of private companies, and more...
Supreme Court Swats Down Attempts To Hold Twitter, Google Financially Liable for Terrorism
The narrow rulings concluded the platforms aren’t responsible for bad people using their communication services.
Alabama Botched His Execution. Now He Wants To Die Differently.
On Monday, the Supreme Court sided with an Alabama death-row inmate who, after surviving a botched lethal injection attempt last year, says he wants to die by gas chamber instead.
New Jersey's Restrictions on Public Gun Possession Are 'Plainly Unconstitutional,' a Federal Judge Says
The state defied a Supreme Court ruling by banning guns from myriad "sensitive places."
Doctors Detail Dangerous Pregnancy Care in States With Abortion Restrictions
Plus: APA says social media not inherently harmful for kids, senators propose Artificial Intelligence Regulatory Agency, and more...
Ron DeSantis Confirms (Again) That His Attack on Disney Was Political Retribution
He either doesn't understand or won't admit why this violates the First Amendment.
Age Restrictions on Handgun Sales Are Unconstitutional, a Federal Judge Rules
U.S. District Judge Robert Payne concluded that 18-to-20-year-olds have the same Second Amendment rights as older adults.
Supreme Court to Consider Whether Members of Congress Have Article III Standing to Sue Federal Agencies
The Supreme Court has accepted certiorari in Carnahan v. Maloney to consider whether members of Congress can sue to force disclosure of information from the General Services Administration.
Justice Kavanaugh Still Wants to Hear More Cases (Revised)
Justice Kavanaugh continues to support granting certiorari in cases his colleagues do not wish to hear.
SCOTUS Chooses California Over Pork Producers and Bacon Consumers (and Issues Four Other Opinions Too)
The Supreme Court issues five merits opinions, but there are still forty more waiting.
Will Separation of Powers Doom Biden's Student Debt Plan?
Biden v. Nebraska has far-reaching implications for presidential power.
Our Amicus Brief Urging the Supreme Court to Hear and Reverse Egregious Fifth Circuit Decision that Creates a Catch-22 For Takings Claims Against State Governments
The decision is at odds with Supreme Court precedent, and endangers the constitutional rights of millions of people. This brief urging the court to reverse it was filed by the Cato Institute and myself.
Delegitimizing the Supreme Court
Plus: A look back at Rochelle Walensky's tenure as head of the CDC
The Supreme Court Has Halted Richard Glossip's Execution
The state's own attorney general has said Glossip deserves a new trial.
New Report on State Standing in Student Loan Case Comes Up A Few Dollars Short
A new report purporting to show that Missouri's arguments for standing in Nebraska v. Biden are based on a lie fails to deliver.
Has Moore v. Harper Become Moot?
The Supreme Court wants further briefing on whether it retains jurisdiction
Justice Scalia's Unpublished Dissent in Kelo v. City of New London
Its existence was revealed when Justice John Paul Stevens' papers were made public earlier this week.
What I Learned From Justice Stevens' Papers on Kelo v. City of New London
There are several interesting revelations, including an unpublished dissent by Justice Antonin Scalia.
What I Hope to Learn from Justice Stevens' Papers on Kelo v. City of New London
The author of one of the Supreme Court's most widely hated rulings left us extensive files on the case, which have just been made public. They could help shed light on key unanswered questions about.
'Assault Weapon' Bans Look More Legally Vulnerable Than Ever
A preliminary injunction in Illinois may signal the demise of a long-running public policy fraud.
Supreme Court Could Rein In Administrative State With New Case
Plus: Divides over misinformation, on free markets and social justice, and more…
Chevron Matters— But Not as Much as You Might Think
Overruling Chevron won't gut the administrative state or even severely constrain it. But it could help strengthen the rule of law.
Has the Supreme Court Put Chevron in the Crosshairs?
One of today's two cert grants comes in a case asking the justices to reconsider Chevron v. NRDC.
Where Are the SCOTUS Opinions?
This Supreme Court term is setting a record for not releasing opinions in argued cases.
Supreme Court To Consider Whether Politicians Can Block You on Social Media
Plus: Missouri attempts to ban gender transition treatments for adults, another bad social media bill hits Congress, and more...
The Government Stole Her Home Equity Over an Unpaid Tax Bill. Will the Supreme Court Vindicate Her?
A win for Geraldine Tyler, who is now 94 years old, would be a win for property rights.
Oral Argument Indicates Property Rights Likely to Prevail in Supreme Court Home Equity Theft Takings Case
The decision may even be unanimous.
Unusual Cross-Ideological Agreement in Tyler v. Hennepin County
Takings cases often divide opinion along left-right ideological lines. The home equity theft case argued before the Supreme Court today is a rare exception.
Despite SCOTUS Ruling Limiting Its Authority, EPA Tries To Unilaterally Regulate Carbon Emissions Again
Plus: More details emerge on Fox News' firing of Tucker Carlson, Aubrey Plaza shills for Big Milk, Biden announces he's running for president, and more...
Justice Kavanaugh Wants to Hear More Cases
Justice Kavanaugh was alone in noting his desire to accept certiorari in two cases the justices rejected.
Supreme Court Stays Lower Court Ruling That Limited Access to Abortion Pill
Mifepristone will remain on the market for now with no changes to how it can be prescribed.
Biden's Student Loan Pause Overwhelmingly Benefited Wealthier Americans
Is this what equity looks like?
Supreme Court Decides to Hear Important Asset Forfeiture Procedural Property Rights Case
The Court will determine whether the Due Process Clause prevents the government from using asset forfeiture to seize property and hold it for many months without a timely hearing.
Kavanaugh v. Gorsuch -- The Return
Today's opinions are a requel to prior splits among the most recent Republican appointees to the Supreme Court.
The Supreme Court Will Decide Whether You Have a Right to a Prompt Hearing After Cops Seize Your Property
The Supreme Court has agreed to hear two consolidated cases by Alabama women whose cars were both seized for more than a year before courts found they were innocent owners.
Supreme Court Weighs Whether Postal Service Can Force Christian Employee To Work on Sundays
Plus: Dominion defamation suit against Fox News starts today, Republicans' debt plan, and more...
Is Clarence Thomas Ethically Challenged?
Plus: What the editors hate most about the IRS and tax day
