What Can’t The Government Mandate?

What are the limits on government power?

American Soldier Kills At Least 15 Afghan Civilians

A tragic incident in Afghanistan that’s likely to have tragic consequences.

They’re Making Me Defend Rush Limbaugh

Rush Limbaugh may be a jerk, but he has a right to be a jerk.

Eric Holder: Yes, We Can Kill American Citizens Without Trial

Attorney General Eric Holder offered a somewhat alarming defense of the Administration’s policy on targeted killings.

The Junior Mints Are Too Damn High!

Movie theater snacks are expensive. This is not cause for a lawsuit.

Santorum Would Try To Nullify All Existing Gay Marriages

Rick Santorum wants to nullify nearly 200,000 marriages.

Citizens United Not The Problem

Billionaires have been free to donate as much money as they want to activist groups since the dawn of the Republic.

Federal Judge Forwards Racist Joke about the President to Friends, Press Eventually Gets a Copy

E-mail forward raises serious questions about judge’s judgment .

Federal Appeals Court: Fifth Amendment Protects Suspect From Having To Decrypt Hard Drive

An important vindication of the right against self-incrimination.

Another Step In The Right Direction On Marriage Equality

Another Federal Court rules in favor of marriage equality, and the biggest news is how unsurprising the outcome of the case is.

Stolen Valor Act and the Supreme Court

Why should lying about having served in combat or been awarded a medal for valor should be legally different from lying about athletic prowess in high school, the number of sexual partners you’ve had, or the size of one’s sex organs?

Virginia’s Foolish Personhood Law

Virginia has become the latest battleground for advocates of laws that define life as being at conception.

How Conservatives Have Moved The Goalposts On Same-Sex Marriage

When it comes to same-sex marriage, the right is fighting a losing battle.

Proposed Virginia Law Will Force Women To Undergo Invasive Ultrasound Examinations

A bill likely to become law in Virginia will require all women seeking abortions to undergo an invasive ultrasound examination.

Federal Appeals Court Holds California Gay Marriage Ban Unconstitutional

A victory for proponents of same-sex marriage today in the Ninth Circuit.

Georgia Judge: “Barack Obama Is A Natural Born Citizen”

The Birthers have suffered yet another totally predictable loss in Court.

Ruth Bader Ginsburg To Egypt: Don’t Use Our Constitution As A Guide

Ruth Bader Ginsburg had some advice on Constitution drafting for Egyptians

Stephen Colbert’s Super PAC Joke’s On Him

Virtually everything Stephen Colbert is doing was legal before Citizens United.

Haditha Massacre Sentence Outrageous But Correct

My latest for The Atlantic explains, “Why We Should Be Glad the Haditha Massacre Marine Got No Jail Time.”

Egypt’s Unfinished Revolution

One year later, Egypt’s revolution remains unfinished.

Federal Judge Orders Defendant To Reveal PGP Password To Law Enforcement

A Federal Judge deals with the clash between individual rights, law enforcement, and technology.

Supreme Court Rules That GPS Tracking Is A Search, But That’s About All

The Supreme Court issued a somewhat muddled ruling on GPS tracking today.

Citizens United And The SOPA/PIPA Blackout: Why The First Amendment Matters

Some questions for opponents of the Supreme Court’s decision in Citizens United.

Time For Real Campaign Finance Reform

Mitt Romney made a suggestion about how to fix our campaign finance system. It’s a good idea.

First Legal Challenge Filed To Obama’s Recess Appointments

The first shot in a Constitutional showdown has been fired.

Perry, Gingrich Appeal Ruling Keeping Them Off Virginia Ballot

Rick Perry and Newt Gingrich are appealing the ruling that they cannot get on the Virginia ballot. Their argument doesn’t amount to much.

Federal Judge Rejects Rick Perry’s Ballot Access Lawsuit

Not surprisingly, Rick Perry’s effort to get on Virginia’s primary ballot via litigation has failed

Supreme Court Upholds Religious Exemption To Employment Discrimination Laws

A far-reaching decision from the Supreme Court protecting religious liberty.

Supreme Court Overturns Murder Conviction Due To Improperly Withheld Evidence

Another death row inmate. Another case of prosecutorial misconduct from the office of Harry Connick, Sr.

Good News For Perry, Gingrich, Huntsman, And Santorum In Virginia? Maybe, Maybe Not

Some legal developments in the lawsuit over access to Virginia’s March 6th Primary Ballot.

Reddit Genius Arrested for JSTOR Downloads

Aaron Swartz has been arrested for downloading too many academic journal articles.

It’s Not About Contraceptives, It’s About Privacy

Do the Republican candidates believe that American citizens have a right to privacy? Someone should ask them.

The Fifth Amendment, Privacy, And Computer Passwords

Can the government force a criminal defendant to reveal a computer password? A Federal case in Denver is dealing with that question right now.

Are Obama’s Recess Appointments Unconstitutional? Probably Not

While the President’s recess appointments are bound to set off a political dispute with the Republicans, there does not appear to be a Constitution ban against them.

Ron Paul Versus The Fourteenth Amendment

Ron Paul’s opposition to the Fourteenth Amendment would make a Paul Administration an enemy of civil liberties.

Chief Justice Roberts Defends Kagan, Thomas Recusal Decisions On Health Care Lawsuit

The Chief Justice Of The United States defends his colleagues.