Meanings, Intentions, Original Law
Another way to understand what originalists are doing.
Another way to understand what originalists are doing.
A federal judge protests the Supreme Court’s “rights-without-remedies” Bivens doctrine.
Experts disagree on whether this is likely or not. The answer remains unclear. But, either way, reform advocates should pursue both litigation and legislative reform. The two approaches are mutually reinforcing, not mutually exclusive.
Presenting an alternative view as a minority witness before the Senate Judiciary Committee.
The Supreme Court delivers another blow to a victim of egregious police abuse.
The federal government weighs in on Mahanoy Area School District v. B.L..
Judge Ketanji Brown Jackson denied qualified immunity to the officers involved in Patterson v. United States.
A broad coalition of groups is asking the Supreme Court to overturn the state's policy.
More criminal defense lawyers, public defenders, and civil rights litigators may soon be appointed to the federal bench.
The Ending Qualified Immunity Act of 2021 would no longer let state actors violate your rights without consequence.
A phone in your pocket may as well be a GPS beacon strapped to your ankle.
The justices did not address one of James King's key arguments, which the 6th Circuit will now consider.
The justice weighs in during oral arguments in Lange v. California.
They need not wait for the Supreme Court or Congress to restrict or abolish qualified immunity.
An encouraging sign from the Supreme Court
Thomas is right that the doctrine is a mess. But the Court may not be in any hurry to clean it up.
Justice Thomas dissented from denial of certiorari by himself to urge a revamp of Takings Clause jurisprudence.
Vague laws are typically vague for a reason.
The appeals court concluded that the officers' use of force was reasonable in the circumstances.
The unfolding legal saga of City of Hayward v. Stoddard-Nunez
Abrasive, tasteless, and uncompromising, Flynt undoubtedly made the world safer for speech of all varieties.
Does the Fourth Amendment right to be free from unreasonable seizures include the right to be free from an unreasonable attempted seizure?
With Justice Barrett joining Justice Kagan, does Dunn v. Smith represent a shift on the Court?
The panelists included Joshua Braver (University of Wisconsin), Tom Jipping (Heritage Foundation), and myself.
The plaintiffs in Juliana v. United States may now file a petition for certiorari. They should be careful what they wish for.
The Department of Justice is now willing to defend the constitutionality of the Affordable Care Act and the severability of the penalty-less mandate.
The newest justice makes her debut in a brief concurrence on the shadow docket.
If the Supreme Court opts to dismiss the latest challenge to the Affordable Care Act on standing grounds, this will not leave the ACA particularly vulnerable to future challenge.
A new case tests the limits of the “community caretaking exception” to the Fourth Amendment.
It’s a terrible idea that violates Section 230, but is it actually unconstitutional? Don’t be so sure.
May public schools punish students for off-campus social media posts?
What we know of the planned commission's membership makes it unlikely it will recommend court-packing. But that doesn't mean the issue will simply go away.
An interesting question of institutional norms
The new president availed himself of Seila Law v. Consumer Financial Protection Bureau.
Justice Barrett should revisit her views on this wrongly maligned case.
The Department of Justice rushes to prevent mercy before a new administration can take over.
Plus: Amazon responds to Parler lawsuit, Trump's execution spree continues, a bad ruling on safe injection houses, and more...
Justice Clint Bolick dissents in Arizona v. Mixton.
Trump deserves to be remembered for what his words and actions have shown him to be.
The incoming president can bring some much-needed professional diversity to the federal bench.
Lin Wood's bizarre charges give you a sense of the advisers Trump is consulting as he continues to insist that he won the presidential election.
Is the chief justice just a politician in robes?
Trump thinks the judiciary cannot be trusted to reveal the massive fraud that he says denied him a second term.
It's time to breathe some life back into the Privileges or Immunities Clause.
The Supreme Court dismissed a challenge to Trump's plans for being "premature" until the administration actually does what it says it plans to do.
The justices emphasized that K-12 schools are currently scheduled to reopen after winter break.
Don’t expand the “hot pursuit” exception to the Fourth Amendment.