The Other Impeachment Count
Count Two's charges against the President are both more serious in their long-term implications for the constitutional separation of powers, and less defensible on Trump's part, than Count One's.
Volokh Conspiracy
Where Is the Fifth Circuit's Opinion in the Texas ACA Case? [Updated]
Oral argument was in July, so why hasn't the court issued an opinion yet?
En Banc Sixth Circuit to Consider Ohio Down Syndrome Abortion Ban
Ohio prohibits doctors from performing abortions if Down Syndrome is the reason. Does such a law impose an "undue burden" on the abortion right?
Retroactive Continuity (Retcon) in the Law
The first reference to the term "retcon" in a Westlaw-accessible court opinion.
Judge Katsas on DOJ's Delay in Seeking Expedited Appeal
If a case warrants an expedited appeal, the Justice Department should act like it.
"High Crimes and Misdemeanors" as an Inkblot
No constitutional provision should be ignored just because it may be difficult to discern
D.C. Circuit Rejects Challenge to FDA E-Cigarette Regulations
The court was correct to reject most of the arguments, but was too dismissive of the First Amendment concerns.
The New York Times Continues its Dishonest Assault on the Trump Executive Order on Antisemitism
This is really getting ridiculous, and I'd be embarrassed for the Times if I thought its editors were capable of being embarrassed these days
Short Circuit: A Roundup of Recent Federal Court Decisions
E-cigarettes, cyanide, and intergalactic trade monopolies.
Seating in the Courts of Appeals
The D.C. and Fourth Circuits used organized approaches to seating for high-profile arguments
New in Science: "Evidence, Alarm and the Debate Over E-Cigarettes"
A new review essay in Science warns of the dangers of prohibitionist thinking
Cal. Supreme Court Invalidates Law Requiring Primary Presidential Candidates to Disclose Income Tax Returns
Today's decision was based on the California Constitution.
Hearing Examiner Recommends Approval of Women-Staffed Volunteer Ambulance Service for Orthodox Jewish Women,
but the New York City Regional Emergency Medical Services Council denied the application, by a 12-7 vote.
N.Y. Prosecution and Lawsuit Over Sending Baptist Anti-Catholic Leaflet + E-Mail
Criminal charges were eventually dropped, and the civil lawsuit has just been thrown out.
Yes, Nancy Pelosi Can Become President
Seth Barrett Tillman and I defend the constitutionality of the Presidential Succession Act in Atlantic
Avoid #SpectrumMobile Like the Plague
What an appalling customer service experience.
Barred from Participating in Public High School Graduation for Using "Nigger" in a Tweet?
That's the claim in a federal lawsuit, which a federal judge just allowed to go forward.
Request a free autographed bookplate for "An Introduction to Constitutional Law"
Send us a self-addressed stamped envelope, and Randy and I will send you an autographed bookplate
Monroe County (N.Y.) Proposed Ban on Intentionally Annoying a Police Officer …
has been approved by a 17-10 vote of the County Legislature, and will become law if signed by the County Executive.
How to Attend Oral Arguments at the Supreme Court
An in-depth look at the written and unwritten rules to attend oral argument at the Supreme Court
Was Church Excluded from Maryland School Choice Program Because of "Problematic" Views on Marriage?
That's the question in a First Amendment lawsuit, which a federal judge has allowed to go forward.
Could Justice Thomas Preside over President Trump's Impeachment Trial?
Seth Barrett Tillman and I suggest that the answer is yes.
Videos of Panels on Sanctuary Cities and Constitutional Property Rights
I took part in panels on these topics at the recent Federalist Society National Lawyers Convention
When Do Courts Lack Jurisdiction Over Torts Physically Committed in the State?
An interesting question now being litigated in Vermont federal court.
Short Circuit: A Roundup of Recent Federal Court Decisions
Football prayers, Peanut M&Ms, and illegal palmetto berry harvesting.
More on the Judge, the Lawyer, and When the Grandfather Died
The saga of Richard Liebowitz (alleged "copyright troll," though that's tangential to this particular controversy) continues.
Court Strikes Down Kentucky's Rejection of IM GOD Vanity Plate
Vanity plates are private speech in a nonpublic forum, the court holds; restrictions on such speech must be viewpoint-neutral and reasonable.
