Why Trump Deserves to Lose in Federal Court on Sanctuary Cities
The president's executive order is unconstitutional under the 10th Amendment and the separation of powers.
Supreme Court
The Senate Democrats' Pathetic Attack on Justice Don Willett
The 5th Circuit nominee faces the Senate Judiciary Committee.
Are You Allowed to Vote While Wearing a 'Don't Tread on Me' T-Shirt? SCOTUS Will Soon Decide
The Supreme Court agrees to hear the First Amendment case Minnesota Voters Alliance v. Mansky.
Supreme Court to Weigh Rules for Anti-Abortion Pregnancy Centers in California
Crisis pregnancy centers in California say the state's "Reproductive FACT Act" violates their First Amendment rights.
Wisconsin Lawmakers Pass Bill to Protect Property Rights, Reverse Supreme Court Decision
The U.S. Supreme Court said local regulators could treat two lots owned by the same family as if they were a single parcel. A new law aims to stop that.
Trump Judicial Nominees Oppose the Trump Administration on Civil Asset Forfeiture and Birthright Citizenship
In the 5th Circuit, it's shaping up to be Trump vs. Trump's judicial picks.
Trump Is Starting to Leave His Mark on the Federal Courts
The Senate just confirmed two more of Trump's judicial picks.
Does the Commerce Clause Empower Congress to Regulate Every Living Thing?
A potential Supreme Court case challenges federal protection of an intrastate species with no commercial value.
When Judicial Restraint Trumps the Second Amendment
Robert Bork, majority rule, and District of Columbia v. Heller
Supreme Court to Decide if Data Stored Overseas Can Be Demanded with Warrants
Microsoft resisted order for emails on servers in Ireland.
'Administrative State Is THE Leading Threat to Civil Liberties of Our Era.'
Columbia's Philip Hamburger says this "monarchical" system of government grew in power just as blacks and women saw an expansion of their voting rights.
Supreme Court Considers: Can Cops Arrest You for Going to a Party Where You Don't Know the Host?
The case has already produced some fun SCOTUS banter. It could have major consequences for due process and police accountability.
D.C. Circuit Won't Reconsider Decision Upholding the Right to Be Armed in Public
The vote confirms a split that invites the Supreme Court to settle the issue.
Trump Nominates Libertarian-Minded Texas Justice Don Willett to U.S. Appellate Court
Willett picked to fill vacancy on U.S. Court of Appeals for the 5th Circuit.
Supreme Court Agrees to Hear Case Against Compulsory Public-Sector Union Fees
SCOTUS will hear Janus v. American Federation of State, County, and Municipal Employees, Council 31 this term.
Will SCOTUS Let Fear of Sex Offenders Trump Justice?
Two cases give the Court a chance to reconsider its counterintuitive conclusions about commitment and registration.
When the Government Declared War on the First Amendment
It all started with President Woodrow Wilson.
Is Minnesota's Indefinite Detention of Sex Offenders Punitive or Therapeutic?
An appeal asks SCOTUS to decide the question, noting that the program has released just one "patient" in 23 years.
The Libertarian Lawyer Who Battled Jim Crow
The relationship between Lochner v. New York and Buchanan v. Warley
Will the Supreme Court Stop Politicians from Choosing Their Voters?
Social science could help identify objective principles for creating competitive voting districts.
Ted Cruz, Sex Toys, and the Constitution
Ted Cruz thinks a sex toy ban is stupid. That doesn't mean he thinks it's unconstitutional.
'I'm Appalled,' Says Source of Phony Number Used to Justify Harsh Sex Offender Laws
Claims of "frightening and high" recidivism rates, endorsed by the Supreme Court, have no basis in fact.
Justice Department Takes Baker's Side in Gay Wedding Cake Case Before Supreme Court
Trump administration argues the First Amendment protects right to decline.
In Warrantless Cellphone Search Case, It's the Trump Administration vs. the 4th Amendment
The Supreme Court will arguments in Carpenter v. U.S. in the coming term.
James Madison Would Love Sanctuary Cities
Federalism is alive and kicking in the age of Trump.
In Major Federalism Case at SCOTUS, New Jersey Fights to Legalize Sports Gambling
The Supreme Court will hear arguments in Christie v. National Collegiate Athletic Association this fall.
Why SCOTUS Should Tell the Government to 'Get a Warrant' in Cellphone Location Data Case
The third-party doctrine is at odds with the Fourth Amendment.
Reason Foundation Supports Florists, Bakers in Gay Wedding Case Before Supreme Court
Brief argues custom-made cakes, flowers are expressive acts protected by First Amendment.
Can a Court Arbitrarily Conclude That 'Security' Overrules the First Amendment?
Company asks the Supreme Court to hear its case for being allowed to put 3D printing plans for guns on its website.
Violent Charlottesville Protester Claims 'Free Speech Does Not Protect Hate Speech'
That is not the law, and it shouldn't be.
From Bork to Willett: Is the Conservative Legal Movement Going Libertarian?
Libertarian legal ideas are gaining ground.
Republican-Appointed Judge Backs Gun Control Law, Says 'Firearms Regulation Requires Ample Deference' from Courts
Is gun control a political thicket that unelected judges should not enter?
In Major Win for 2nd Amendment Advocates, Federal Court Blocks D.C. from Enforcing Conceal-Carry Restriction
"The Second Amendment erects some absolute barriers that no gun law may breach."
Clarence Thomas vs. Jeff Sessions on Civil Asset Forfeiture
Asset forfeiture has "led to egregious and well-chronicled abuses," Thomas writes.
Janice Rogers Brown, America's Most Libertarian Federal Judge, Is Retiring
The possible replacements include Texas Supreme Court Justice Don Willett.
Masterpiece Cakeshop Is Fighting for the First Amendment, Not Against Gay Marriage
Despite framing to the contrary by some.
Trump's Travel Ban Is Legal but Dumb
Irrational, half-baked anti-terrorist policies are not necessarily unconstitutional.
To Save His Travel Ban at SCOTUS, Trump Is Citing This 1972 Precedent
Understanding the Supreme Court decision at the heart of the travel ban case.
Trump's Travel Ban Is Headed to the Supreme Court
SCOTUS agrees to hear travel ban cases, will schedule oral arguments for October.
Clarence Thomas and Neil Gorsuch Blast SCOTUS for Refusing to Hear Major Second Amendment Case
"I find it extremely improbable that the Framers understood the Second Amendment to protect little more than carrying a gun from the bedroom to the kitchen."
Supreme Court to Hear Case on Gay Wedding Cakes
Can states force religious bakers to provide services to same-sex couples?
Supreme Court Deals Blow to Property Rights
Chief Justice Roberts: "Today's decision knocks the definition of 'private property' loose from its foundation."
SCOTUS Says You Can't Lose Your Citizenship for Lying About Your Weight
The Court unanimously rejects the government's position that any misstatement by an applicant can justify denaturalization years later.
Sen. Feinstein: Protecting College Free Speech from Violent Protests Is Too Much of a Burden
Also, she thinks the Kent State shootings are an argument for censorship.
Clarence Thomas Attacks Civil Asset Forfeiture, Lower Court Follows His Lead
Asset forfeiture "has led to egregious and well-chronicled abuses."
Politicians Choosing Their Voters vs. Voters Choosing Their Politicians
The Supreme Court to decide if gerrymandering is unconstitutional
