Unanimous Supreme Court Affirms Right to Challenge Federal Agencies in Federal Court
Those claiming they are subject to unconstitutional agency proceedings need not suffer through agency proceedings before bringing their claims to federal court.
Supreme Court
Video of My Federalist Society "Seat at the Sitting" Talk on Tyler v. Hennepin County
My presentation covers an important takings case currently before the Supreme Court.
Another Federal Judge Rejects the DOJ's Argument That Cannabis Consumers Have No Second Amendment Rights
U.S. District Judge Kathleen Cardone was unimpressed by the Biden administration's argument that marijuana users are too "dangerous" to own guns.
Is Telling Someone To 'Die' on Facebook Protected by the First Amendment?
A Colorado man was convicted under an anti-stalking law for sending hostile messages online.
Restraining Orders Do Not Prove That People Are 'Dangerous'
The Biden administration is defending a federal law that disarms Americans based on "boilerplate language" in orders that judges routinely grant.
The Ruling Upholding the Gun Rights of People Subject to Restraining Orders Is Not As Crazy As You Might Think
The 5th Circuit noted that such orders can be issued without any credible evidence of a threat to others.
Victory for Property Rights in Highly Technical Supreme Court Decision
An unusual coalition of liberal and conservative justices rules that property owners have right to use Quiet Title Act to contest federal intrusion on their land, even in some cases where the statute of limitations may have passed.
Federal Agencies Keep Failing To Legally Interpret the Clean Water Act
The Biden administration is the third administration in a row to fail to issue Clean Water Act regulations that pass judicial scrutiny.
Sotomayor Grills Government Lawyer Over Law 'Criminalizing Words Related to Immigration'
The Supreme Court justice seemed willing to invalidate the federal law on First Amendment grounds.
Federal Courts Clash Over Financial Watchdog's Constitutionality
The CFPB funding scheme is constitutional, the 2nd Circuit says.
Law Enforcement Beat This Innocent Man to a Pulp. Will the Supreme Court Allow Him To Seek Recourse?
James King is once again asking the high court to rule that two officers should not receive immunity for choking him unconscious and temporarily disfiguring his face.
The DOJ Says Forbidding Pot Users To Own Guns Is Like Telling People Not To Carry Guns When They're Drunk
Defending a categorical ban on gun possession by cannabis consumers, the Biden administration cites inapt "historical analogues."
COVID-19 and the Confrontation Clause
Is testimony over Zoom consistent with a criminal defendant's Constitutional rights?
Justice Jackson Calls for Reining in the Use of Munsingwear Vacatur
The Court's newest justice questions whether her colleagues are too quick to vacate lower court decisions.
Cruz v. Arizona's Very Odd Jurisdictional Holding
Did the Court misunderstand its "adequate and independent state ground" doctrine?
New York's Libertarian and Green Parties Petition Supreme Court Over New York's Restrictive Ballot Access Laws
The third parties think the new ballot restrictions meet no legitimate state interest besides guaranteeing Democrat and Republican hold on government.
James Madison's Decentralized Republic
The Constitution was intended to preserve state sovereignty, not create an all-powerful central government.
The Supreme Court Tackles the First Amendment Right To Encourage Illegal Immigration
Understanding what’s at stake in United States v. Hansen
My Forthcoming Article on "The Case for Expanding the Anticanon of Constitutional Law"
It argues for increasing the number of cases in the Supreme Court's "Hall of Shame" and proposes three worthy additions.
A Consistent Approach to Protecting Judicial Review in Both the US and Israel
Why I oppose both right-wing efforts to neuter judicial review in Israel and left-wing attempts to do the same in the US.
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.
Congress Should Not Give Any Government Agency Financial Free Rein
Lawmakers should proactively retake the power of the purse from the Consumer Financial Protection Bureau, regardless of how the Supreme Court rules.
The Other Jurisdictional Question in Moore v. Harper
Did the state court have jurisdiction to grant rehearing?
SCOTUS Questions the Government's Absurdly Broad Definition of 'Aggravated Identity Theft'
According to the Justice Department's reading of the law, the crime need not involve impersonation or even fraud.
The Government Is Subsidizing Microchip Firms—While Making It More Expensive To Produce Microchips
Politicians say they want to subsidize various industries, but they sabotage themselves by weighing the policies down with rules that have nothing to do with the plans.
On Universal Vacatur, the Supreme Court, and the D.C. Circuit
Thoughts on recent oral argument exchanges on whether the Administrative Procedure Act contemplates (let alone requires) universal vacatur.
A Textualist Defense of the Major Questions Doctrine
Critics claim the doctrine is obviously at odds with textualism. But that isn't the case.
How SCOTUS Promoted Pernicious Myths About Sex Offender Registries
Twenty years ago, the justices deemed registration nonpunitive, accepting unsubstantiated assumptions about its benefits and blithely dismissing its costs.
Thoughts on Today's Supreme Court Student Loan Forgiveness Oral Arguments
The justices seem to be clearly leaning against the Biden Administration on the merits. The procedural issue of standing is a closer call, though ultimately more likely than not to come out the same way.
An Unusual Supreme Court Split in Bittner v. United States
The Bank Secrecy Act divides the justices in an unusual way, and Justice Barrett authors her fourth opinion in an argued case.
Justice Jackson's First Opinion in an Argued Case
To the junior-most justice goes a case arising out of the Supreme Court's original jurisdiction concerning the Abandoned Money Orders and Traveler's Checks Act.
Today at the Supreme Court: Biden's Student Loan Cancellation Plan on Trial
The Supreme Court considers the scope of presidential power in Biden v. Nebraska and Department of Education v. Brown.
New York's Message to Gun Owners: You Can Have a Carry Permit. Good Luck Using It.
A New York Times story about the state's location-specific gun bans glosses over the vast territory they cover.
Showdown Over Student Loan Forgiveness Hits Supreme Court Tomorrow
Plus: Texas prosecutors can't criminally charge people who help others access out-of-state abortions, food trucks fight rules banning them in 96 percent of North Carolina city, and more...
SCOTUS Says Domestic Spying Is Too Secret To Be Challenged in Court
Officials shield government abuses from litigation by claiming “national security.” The Supreme Court declined to weigh in.
How Today's Skeptical Supreme Court Could Block Net Neutrality Rules
Attempts to reclassify ISPs as common carriers are unsupported by law.
Any of These Supreme Courts Cases Could Crush the Internet
The Court’s decisions in Gonzalez and subsequent cases could lead to impossible, incompatible consequences.
The Deck Is Stacked Against Americans Who Try To Sue Government Officials
It's a threat to our fundamental rights, but courts refuse to change their approach.
Has Justice Barrett Replaced Justice Ginsburg as the Court's Quickest Opinion Writer?
Justice Barrett has produced two majority opinions before most of her colleagues have produced one.
Another Dissent from Denial of Certiorari from Justice Jackson
For the second time, Justice Jackson dissents from the Supreme Court's refusal to hear a case.
Is Ketanji Brown Jackson a Greater Threat to Big Tech Than Clarence Thomas?
The Supreme Court’s newest member weighs in on the meaning of Section 230 in Gonzalez v. Google.
Google Supreme Court Case Tests Whether Tech Firms Are Liable for User Content
Section 230 helped the internet flourish. Now its scope is under scrutiny.
Social Security and Medicare Cuts Are Coming, Whether Politicians Do It or Not
As legislators refuse to act, benefits will be cut without any possibility of sheltering those seniors who are poor.
Section 230 and the Curse of Politics
Gonzalez v. Google presents the Supreme Court’s first opportunity to weigh in on Section 230.
