Politics
Trump Says States Are Required To Enforce Federal Immigration Laws. He's Wrong.
"The Framers...designed a system in which the State and Federal Governments would exercise concurrent authorit...
Disarming Millions of Americans Simply Because They Use Marijuana Is Unconstitutional, a SCOTUS Brief Says
The Liberty Justice Center is urging the Supreme Court to uphold a 5th Circuit decision rejecting the claim th...
Alex Pretti's Death Widens a Split Between Trump and Gun Rights Groups
Federal officials suggested that carrying a firearm is inherently threatening and an invitation to police viol...
Trump Issues Order Cracking Down on Corporate Homeownership
The president's order is not the comprehensive ban on large investor–owned housing that he promised. But it co...
Israeli-American Doctor's Federal Conspiracy Claim Against CAIR and Other Critics Can Go Forward for Now
From today's decision by Judge Thomas Thrash (N.D. Ga.) in Winer v. Mohammad: This action arises out of allege...
Katie Miller Thinks Classical Liberalism Is Woke Leftism. She's Wrong.
How are the Millers going to defend Western civilization if they don't know the name of its defining philosoph...
Tom Homan Isn't the Solution
Homan is a bully with little regard for rights or the rule of law. And the problems with Trump's immigration t...
Border Patrol Agents Killed Alex Pretti. Why Is Border Patrol in Minneapolis at All?
Federal agencies have considerable authority outside their given jurisdiction, even when they don't have the t...
"Express Advocacy at 50," by Allison R. Hayward
"Do you believe in magic words?"
Arab-American Muslim Woman's Discrimination Claim Can Go Forward Over Cancellation of Law Firm Job Offer for Statements Related to October 7 Actions
From Judge Sharon Johnson Coleman (N.D. Ill.) today in Chehade v. Foley & Lardner, LLP: [O]n October 7, 2023,...
Journal of Free Speech Law: "Gitlow Revisited: Disentangling Ideas and Crimes Via the Harm Principle," by Ronald Krotoszynski
The final article from the "Gitlow v. New York at 100" symposium, held last year at the Arizona State Universi...
No Detention Hearing or Bail Required for Two Women Charged with Disrupting St. Paul Church Service
From Judge Laura Provinzino (D. Minn.) yesterday in U.S. v. Levy-Armstrong: Defendants … were charged by crimi...
Sanctions Award to Defendants in Mann v. Steyn Defamation Case
Readers of the blog likely recall this lawsuit, brought by climate scientist Michael Mann against columnist Ma...
"This Is Unmanageable for the Court"
"The fact that only five exhibits are uncontested suggests that the parties have not engaged in a good-faith e...
Judicial Misconduct or Impeachment Based On The Merits Of a Decision
Could a Judicial Council take away all of a judge's cases based on the merits of a decision? Could Congress de...
More on Administrative Warrants to Enter Homes: Thoughts on Lucas
A close look at the Eighth Circuit case behind the DHS position.
Could the President Invoke the Alien Enemies Act in Response to the "British Invasion" of Rock Stars Like the Beatles?
In a crucial appellate court oral argument, the Trump Administration admits that their position says the answe...
Congress Is Aiming To Avoid Another Shutdown by Spending More on Almost Everything
The bill includes $1 million for new elevators at New York City's Metropolitan Opera, among other wasteful ear...