Trump's Reading of the Alien Enemies Act Defies the Usual Meaning of Its Terms
To justify the immediate deportation of suspected Venezuelan gang members, the president is invoking a rarely used statute that does not seem to apply in this context.
Supreme Court
Trump's Judge Bashing Provokes a Rebuke From Chief Justice John Roberts (Again)
"Impeachment is not an appropriate response to disagreement concerning a judicial decision," Roberts noted after Trump said federal judges who impede his agenda should be fired.
Trump Fires Democratic FTC Commissioners
The removals challenge Humphrey’s Executor, a Supreme Court precedent that protects independent agency officials from political firings.
A Federal Judge in Utah Orders Local Officials To Return a Religious Group's Psychedelic Sacrament
The ruling by U.S. District Judge Jill Parrish emphasizes that religious freedom must protect "unpopular or unfamiliar religious groups" as well as "popular or familiar ones."
The Supreme Court Has an Opportunity To Correct Its Kelo Eminent Domain Error
A New York case revives concerns about seizing private property to benefit favored developers.
Trump Is Explicitly Targeting Legal Residents Based on the Opinions They Express
The rationale for deporting Mahmoud Khalil is chillingly vague and broad.
Chief Justice Roberts' Remarks on Threats to Judges
In 2020, the Chief Justice condemned Senator Schumer's "dangerous" remarks.
Chief Justice John Roberts Rightly Condemns Trump's Call to Impeach Judges who Rule Against Him
There is no justification for such impeachment efforts.
Congress, the Fifth Amendment, and Personal Jurisdiction
A recently filed amicus brief in Fuld v. PLO.
Mel Gibson Controversy Highlights a Bigger Scandal: Many Americans Lose Their Gun Rights for No Good Reason
Millions of people are barred from owning firearms even though they have no history of violence, and they have essentially no recourse under current law.
Rachel Barkow: Did Trump and Biden Turn Pardons Into a Corrupt Joke?
Presidential pardons have become a tool of favoritism and politics.
Supreme Court Rejects Red State Attempt to Sue Blue States Over Climate Suits
Justice Thomas dissents from the Court's continued unwillingness to hear bills of complaint filed under the Court's original jurisdiction.
The FCC and Its Private Taxman Go to Court
FCC v. Consumers’ Research could dismantle a massive slush fund run by unelected regulators and industry insiders.
Bagley and Bray on SCOTUS Denial of Stay in Department of State v. AIDS Vaccine Advocacy Coalition
An exploration of some of the thorny issues that divided the Court.
SCOTUS Denies Trump Administration Application to Stay District Court Order Blocking Pause of USAID Payments; Certiorari Sure to Follow
A pre-opinion release order divides the justices 5-4, but this may not preview the split on the merits.
Mexico Aims To Reshape the U.S. Firearm Industry by Suing Gun Makers
The Supreme Court will decide whether this threat to the Second Amendment is legally viable.
Supreme Court Refuses to Consider Whether University "Bias-Response Teams" Chill Speech
Justice Thomas dissents from the Court's refusal to resolve a clear circuit split.
The FTC Has No Business Trying To Make Sure Social Media Are 'Fair'
Chairman Andrew Ferguson’s assault on "Big Tech censorship" aims to override editorial decisions protected by the First Amendment.
A SWAT Team Raided This Innocent Family's Home. The Supreme Court Won't Hear Their Case.
Whether or not a reasonable police officer violates clearly established law when he declines to check the features and address of his target house before raiding it is thus still up for debate.
Where Did All the Summary Reversals Go?
Why is the Supreme Court issuing fewer summary reversals? Is Justice Barrett the reason?
Trump Has Good Reason To Complain About Limits on His Ability To Fire Executive Officers
His position is grounded in concerns about the separation of powers that presidents of both major parties have raised for many years.
Presidents Should Not Ignore Court Rulings
Vice President J.D. Vance believes presidents can ignore the courts in some situations. Are we heading for a constitutional crisis?
Calls for Popular Constitutionalism in the Rear-View Mirror
Suggestions that the Executive Branch Ignore Federal Court Rulings May Look Different Today than When They Were Proposed.
Two Injunctions Against Trump's Citizenship Decree Expose the Weakness of His Arguments
Federal judges in Washington and Maryland say the president's attack on birthright citizenship flouts the 14th Amendment and 127 years of judicial precedent.
The 5th Circuit Says the Federal Ban on Handgun Sales to Young Adults Is Unconstitutional
The government failed to persuade the appeals court that 18-to-20-year-olds are not part of "the people" or that the age restriction is consistent with the "historical tradition of firearm regulation."
The University of Tennessee Nearly Expelled a Student for Racy Tweets, Now Agrees To Pay Her $250,000
The settlement vindicates Kimberly Diei's First Amendment right to comment on sexually explicit rap songs without suffering government retaliation.
Justice Thomas Is Not Happy with the Sixth Circuit (Again)
A dissent from the denial of certiorari in another Sixth Circuit Habeas case.
Trump's Citizenship Decree Signals His Willingness To Flout the Constitution
The executive order contradicts the 14th Amendment and 127 years of judicial precedent.
The FBI Wrongly Raided This Family's Home. Now the Supreme Court Will Hear Their Case.
Curtrina Martin's petition attracted support from a bipartisan group of lawmakers.
Guns and Grammar
Though awkward and antiquated, the Second Amendment’s syntax and grammar unambiguously protect gun rights.
TikTok or Not, Americans Still Have a Right To Receive Communist Propaganda
A unanimous Supreme Court decision established as much in 1965.
Trump's Death Penalty Executive Order Aims To Expand Execution
The order directs the attorney general to ensure that states have the drug cocktails to carry out lethal injections.
In Print: Sweeping Section Three Under the Rug
My latest article with Michael Stokes Paulsen is in print
New Episode: Reference Check
Dan Epps and I discuss Royal Canin v. Wullschleger and TikTok v. Garland on the latest episode of Divided Argument
Can a School Require Students to Learn about Sexuality and "Cisnormativity" Over Parents' Religious Objection?
In granting Mahmoud v. Taylor, the Supreme Court has agreed to consider this question.
SCOTUS Rules in Favor of TikTok Ban as Some Supporters Realize It's a Bad Idea
"I cannot profess the kind of certainty I would like to have about the arguments and record before us," writes Justice Gorsuch.
So…Is TikTok Really Getting Banned?
The Supreme Court appears poised to uphold a ban on the app, but many creators aren't so sure.
The Future of Online Porn Is At Stake Today
The Supreme Court is hearing arguments in a Texas case that could have major ramifications across the country—including, perhaps, the end of anonymity online.
The Law That Disarmed Trump Is Unfair, Illogical, and Constitutionally Dubious
The president-elect lost his Second Amendment rights thanks to a nonsensical gun ban.
Maryland Cop Who Recklessly Shot a 5-Year-Old Boy Got Qualified Immunity
The Cato Institute is urging the Supreme Court to take up the case and reaffirm that the liability shield does not apply to "obvious rights violations."
Supreme Court Denies Certiorari in Climate Tort Suits
The justices are not persuaded to intervene in state-law climate litigation.
Supreme Court Denies Certiorari for Braidwood Nondelegation Claim
The Court will only consider one of the issues in Braidwood Management v. Becerra
'The Constitution Is Not a Suicide Pact'
How a 1949 Supreme Court dissent gave birth to a meme that subverts free speech and civil liberties
Supreme Court Grants Certiorari in Becerra v. Braidwood Management
Another significant administrative law grant of certiorari (and a dog that didn't bark).
TikTok Took a Beating at the Supreme Court
Justice Neil Gorsuch criticized "the government's attempt to lodge secret evidence in this case." Still, things look grim for the app.
Trump's Latest Defeat Is One of Many Decisions That Suggest SCOTUS Won't Rubber-Stamp His Agenda
Despite some notable wins, the president-elect's overall track record shows he cannot count on a conservative Supreme Court to side with him.
5th Circuit Reaffirms That Prosecuting a Marijuana User for Illegal Gun Possession Was Unconstitutional
Patrick Darnell Daniels Jr. was sentenced to nearly four years in prison for violating a federal law that bars drug users from owning firearms.
He Lost the Title to His Home Over a Small Property Tax Debt. Years Later, He's Finally Getting It Back.
A local government gave ownership of Kevin Fair's Nebraska house—and all of its value—to a private investor, in a practice known as home equity theft.
