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."
Supreme Court
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.
The Sources Cited by the Supreme Court in Bruen
Guidance for judicial examination of legal history.
Is Arizona v. Mayorkas Moot?
The Biden Administration suggests that the Title 42 case before the Supreme Court will be moot before it is decided.
Arguments for Standing in the Student Loan Cases
A few thoughts on the states' brief and their amici
Neil Gorsuch's LGBT Decision May Doom Affirmative Action in the Supreme Court
Why isn’t affirmative action in college admissions prohibited under the Civil Rights Act?
A Federal Judge Says the Ban on Gun Possession by Cannabis Consumers Is Unconstitutional
The government argued that marijuana users have no Second Amendment rights because they are dangerous, unvirtuous, and untrustworthy.
Justice Kavanaugh on Major Questions, Chevron, and US News Rankings
Associate Justice Brett Kavanaugh addressed questions on a range of questions at a recent Notre Dame symposium.
Social Security Is on the Brink of Collapse. The GOP Won't Touch It.
In 1950, there were more than 16 workers for every beneficiary. In 2035, that ratio will be only 2.3 workers per retiree.
The IRS Serves Its 'Customers' by Terrifying Them
A $2.1 million penalty for failing to file a form on time reveals the agency’s true nature.
SCOTUS Will Decide Whether Federal Law Shields a Religious Postal Employee Who Refuses To Work on Sundays
The Supreme Court considers the scope of federally required religious accommodations at work.
Supreme Court Declines Case Challenging Excessive IRS Penalties
Should an elderly grandmother be forced to hand over millions of dollars to the government for failing to file a particular form?
Justice Barrett Authors First Supreme Court Decision of the Term
The Supreme Court has been slow to issue opinions this term, but the first opinion has finally been released.
When Does an Ugly Facebook Message Qualify as an Illegal 'True Threat' of Violence? SCOTUS Will Decide.
The Supreme Court takes up “true threats” and the First Amendment in Counterman v. Colorado.
San Francisco Sits on Carry Permit Applications As Legislators Consider New Gun Restrictions
The city has not granted a single permit since the Supreme Court upheld the right to bear arms last June.
The Hazards of Holding YouTube Liable for Promoting Terrorism
A Supreme Court case illustrates the potential costs of making it easier to sue social media platforms over user-generated content.
