Samuel Alito's 'Appeal to Heaven' Flag Got Retconned
This is becoming ridiculous.
Supreme Court
Supreme Court OT2023 at the End of May
The justices have been slow and quite agreeable -- so far.
Judge David Tatel on the Roberts Court, the Voting Rights Act, and the Notorious RBG
In a forthcoming book. retired Judge David Tatel offers candid thoughts and spills the tea.
'An Embarrassing Mistake': Neil Gorsuch Rails Into Florida's Use of 6-Person Juries
The Sixth Amendment was originally seen as vital to preserving liberty. Yet it has been consistently watered down.
In Hawaii, Permission To Use Medical Marijuana Precludes Permission To Own a Gun
The state's gun permit policy underlines the absurdity of assuming that cannabis consumers are too dangerous to be trusted with firearms.
Justice Sotomayor Speaks on Her "Desperation" on the Court
Recent remarks at Harvard may be a preview of what is to come.
A Cop's Corruption Allegedly Cost an Innocent Man 2 Years of His Life. Should She Get Qualified Immunity?
Judge Carlton Reeves ripped apart the legal doctrine in his latest decision on the matter.
Samuel Alito Was Foolish To Sell His Bud Light Stock
The conservative culture war boycott against Bud Light was actually a great time to buy stock in a successful company, even if you don't like Bud Light.
Mrs. Alito and the Bad Flag
Plus: Taiwan's TikTok strategy, Open AI resignations, nicotine freedom, and more...
Dobbs and the Originalists
Why originalist criticisms of Dobbs often misfire, and why criticisms *of* Dobbs's originalism often misfire too.
Here Is Why a Federal Judge Rejected Hunter Biden's Second Amendment Challenge to His Gun Charges
Likening drug users to people who are "mentally ill and dangerous," the ruling says barring them from owning firearms is not unconstitutional on its face.
Justice Thomas Raises Concerns About Increase in Expedited Appeals on "Shadow Docket"
Speaking at the Eleventh Circuit Judicial Conference, Justice Thomas echoes some of the concerns expressed by Justice Kavanaugh.
Justice Kavanaugh Tells Fifth Circuit that "Shadow Docket" Places Pressure on Supreme Court
Some interesting comments at the Fifth Circuit Judicial Conference
Supreme Court Issues Flawed Ruling in Asset Forfeiture Case
But Justice Neil Gorsuch's concurring opinion suggests the Court may curb asset forfeiture in the future.
The Feds Are Talking to Social Media Companies Again
Unless the Supreme Court rules against this practice, it is certain to continue.
Supreme Court Rules No Due Process Right to Preliminary Hearings in Civil Asset Forfeiture Cases
The cars of two Alabama women were seized for more than a year before courts found they were innocent owners. The Supreme Court says they had no constitutional right to a preliminary hearing.
This Student Was Allegedly Suspended for Saying 'Illegal Aliens.' Did That Violate the First Amendment?
Christian McGhee is suing, arguing a North Carolina assistant principal infringed on his free speech rights.
Minnesota's Indefinite Detention of Sex Offenders Is Ineffective As Well As Unjust
A new report argues that the notorious program squanders taxpayer money while keeping people imprisoned without justification or recourse.
Are State Law Climate Change Tort Suits Preempted by Federal Law?
A recent panel discussion on whether state and local suits against fossil fuel producers are preempted by federal law (and my arguments for why the answer is "no, they are not").
Adler v. Chemerinsky on the U.S. Supreme Court
A civil discussion on the U.S. Supreme Court and its role in American life, past and present.
This Elderly Man Was Arrested After Shooting a Burglar in Self-Defense—for Carrying the Gun Without a License
Vincent Yakaitis is unfortunately not the first such defendant. He will also not be the last.
Supreme Court Won't Stop Texas Porn Law From Taking Effect
"We will continue to fight for the right to access the internet without intrusive government oversight," says the group challenging the law.
Journalism Is Not a Crime, Even When It Offends the Government
Julian Assange and Priscilla Villarreal were both arrested for publishing information that government officials wanted to conceal.
A Texas Reporter Busted for Asking Questions Asks SCOTUS To Reject the Criminalization of Journalism
Priscilla Villarreal is appealing a 5th Circuit decision that dismissed her First Amendment lawsuit against Laredo police and prosecutors.
School's Out
Plus: Campus echoes of Occupy Wall Street, Trump's presidential immunity claims, plans to undo the Fed's independence, and more...
SCOTUS Weighs the Risk of Presidential Timidity Against the Risk of Presidential Impunity
Most of the justices seem skeptical of granting Donald Trump complete immunity from criminal prosecution for "official acts."
A Cruel and Risky Abortion Ban Versus an Overreaching Interpretation of Federal Law
There are no good sides in today's Supreme Court case concerning the EMTALA and abortion.
Supreme Court Takes Up ATF's Unilateral 'Ghost Gun' Rules
Lower courts have been extremely skeptical of attempts to regulate unfinished parts as firearms.
The Alarming Implications of Trump's Immunity Claim
The Supreme Court will decide whether former presidents can avoid criminal prosecution by avoiding impeachment and removal.
Costly Complexity
The needless complexity of affordable housing programs are hurting people they're supposed to help.
Does the Constitution Protect the Right To Get High?
Columbia law professor David Pozen recalls the controversy provoked by early anti-drug laws and the hope inspired by subsequent legal assaults on prohibition.
If They Ban TikTok, Is Apple Next?
Banning companies for doing business with China is a bad path to start down.
This Tax Week, Remember That the Federal Income Tax Is Relatively New
There are many pervasive myths about the U.S. tax code. Here are a few.
Adult Entertainment Group Asks Supreme Court To Block Texas Age-Verification Law
"Profound irreparable harm flows from the Act's chilling of adults' access to protected sexual expression," the filing reads.
SCOTUS Misses a Chance To Protect Peaceful Protesters
Under a legal theory endorsed by the 5th Circuit, Martin Luther King Jr. could have been liable for other people’s violence.
Most Justices Seem Skeptical of Charging Capitol Rioters With Obstructing an Official Proceeding
The Supreme Court's interpretation of the statute also could affect two charges against Donald Trump.
Supreme Court Issues Narrow Takings Clause Ruling in DeVillier v. Texas [updated]
The Court allows takings suit against Texas to proceed under state law, but doesn't resolve question of whether the Takings Clause is "self-executing."
Abortion and the Wayfair Case
How a use tax on mifepristone might scramble abortion debates.
The Supreme Court Rules Impact Fees Can Violate Your Property Rights Too
Plus: Zoning reform in Minnesota stalls, a New York housing "deal" does little for housing supply, and Colorado ends occupancy limits.
War: An Opportunity for Spending?
Plus: How matzo gets made, TikTok employees reporting to Beijing-based ByteDance, espionage concerns in Germany, and more...
Congress Does Not Come Back With a Warrant
Plus: A listener asks the editors for examples of tasks the government does well (yikes).
Supreme Court Rules There Is No "Legislative Exception" to the Takings Clause
The decision is unanimous, though some related issues have been left for later resolution.
Critics of the Arizona Supreme Court's Abortion Ruling Seem Confused About What Judges Are Supposed To Do
The case hinged on statutory interpretation, not the merits of the state's 1864 ban.
Dormant Commerce and Corporate Jurisdiction
A look at personal jurisdiction after Mallory.
Trump's Abortion Stance Is Convenient, but That Does Not Mean He's Wrong
His embrace of federalism is one of those rare instances when political expedience coincides with constitutional principles.
What Should a Textualist Think about Trump's Claims of Presidential Immunity?
An interesting amicus brief urges the justices not to rely upon penumbras and emanations in construing the scope of Presidential immunity.
Embracing a Federalist Approach to Abortion, Trump Condemns Democrats As 'Radical'
The former and would-be president is keen to avoid alienating voters who reject both kinds of extremism on the issue.
Senator Blumenthal Suggests Justice Sotomayor Should Think About Retiring (Without Calling Upon Her to Do So)
Public calls continue for Justice Sotomayor to step down so that President Biden can name her replacement before the election.
