Trump Administration Stonewalls Another Congressional Committee

The President is once again claiming Executive Privilege to prevent Congress from getting access to certain documents.

Kamala Harris Wants To Use Federal Authority To Monitor State Abortion Laws

Kamala Harris is trying to jump-start her Presidential campaign with an idea for a new law, but it’s probably unconstitutional and would never get through Congress.

SCOTUS Lets Ruling In Favor Of Transgender Student Bathroom Access Stand

The Supreme Court let a ruling against students opposed to a school district policy allowing transgender students to use the bathroom corresponding to their gender identity stand.

Supreme Court Issues Split Ruling On Indiana Abortion Law But Sends A Signal

The Supreme Court sent a signal yesterday that seems to indicate how it might deal with future abortion law challenges and it doesn’t bode well for pro-lifers.

Senate Republicans Have Already Made Up Their Mind On Impeachment

The House of Representatives has not even acted on impeachment, but Senate Republicans have already made up their mind.

Federal Judge Blocks Mississippi’s ‘Heartbeat’ Abortion Law

A Federal Judge in Mississippi has blocked Mississippi’s law that purports to ban abortions after detection of a fetal heartbeat.

Lawsuit Filed Against Alabama’s Plainly Unconstitutional Abortion Law

The American Civil Liberties Union has filed a lawsuit against Alabama’s patently unconstitutional abortion law.

Judge Orders Halt To Trump’s ‘National Emergency’ Border Wall Funding

A Federal Judge has put at least a partial hold on President’s Trump’s effort to use a “national emergency” to fund his border wall.

Trump So Calm. Hasn’t Lost It.

It’s time to invoke the 25th Amendment, folks.

Federal Appeals Court Rules Against Trump On Ending DACA

The Fourth Circuit Court of Appeals has dealt another legal setback to the Trump Administration’s efforts to end the DACA program,

Republican Congressman Justin Amash Joins Calls For Trump’s Impeachment

Republican Congressman Justin Amash has always been a rebel within his own party, now he’s making that even more apparent.

Another Republican Assault On Abortion Rights

Following in the footsteps of Alabama, the Missouri legislature has passed a law that would severely restrict abortion rights in the Show Me State.

Alabama Bans Most Abortions

We’ve soon see whether the current Supreme Court will overturn Roe v Wade.

Prosecutors Spying on Navy SEAL Chief’s Defense Counsel

Disturbing news in the Eddie Gallagher case.

Trump Laying Impeachment Trap?

An absurd theory for an absurd time.

Trump Wants End to National Injunctions from Lower Courts

A longstanding legal question may finally come to a head.

No, the Framers Didn’t Screw Up Impeachment

The problem is with our politics, not our institutions.

Can the Constitution Handle Trump?

The President is systematically defying Congress. Whatever can be done about that?

California Becomes Latest State To Try To Force Trump To Disclose Tax Returns

California is the latest state to try to force all Presidential candidates, including the President, to release their tax returns as a condition for getting on the ballot. It’s not at all clear that this is permitted under the Constitution.

A Separate Election For Vice-President?

A seemingly out-of-the-blue political movement is arguing in favor of independent election of Vice-Presidents.

Federal Judges Rule Ohio Congressional Districts Are Unconstitutional

A panel of three Federal Judges has found Ohio’s Congressional District map to be unconstitutional, but a case currently pending before the Supreme Court could mute the impact of this decision.

Another Emoluments Clause Violation By Trump

Newly discovered evidence shows that foreign governments have expanded their leasing of space from at least one Trump-owned office building in New York City.

Virginia Judge Rules Automated Collection Of License Plate Data Illegal

A Virginia Judge has ruled that automated license plate collection systems violate state law.

Trump Emoluments Suit Moves Forward

200-odd Congressional Democrats are taking an odd route to go after corruption.

Wittes: The President Committed Crimes

A cautious analyst makes a strong claim.

Tire Chalking And The Fourth Amendment

A Federal Appeals Court recently found that chalking the tires of a car parked in a public place is a violation of the Fourth Amendment. It’s not at all clear that this decision is correct.

Kamala Harris Disqualified Because She Owns A Gun?

One opinion writer says that Senator Kamala Harris should be disqualified as a Democratic candidate because she owns a handgun.

Census Constitutionally Required to Ask Citizenship Question?

A novel argument, untested in court, suggests that it might.

Trump Claims He’d Take Impeachment To The Supreme Court, But He Can’t

President Trump claims that he’d challenge any effort to impeach him in court, but the law makes clear that he can’t.

Supreme Court Appears Poised To Uphold Census Citizenship Question

The Supreme Court’s conservative majority appears poised to uphold the inclusion of a citizenship question on the 2020 Census.

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6th Circuit Rules Tire Marking Unconstitutional

A Federal appeals court says the traditional means of parking enforcement violates the 4th Amendment.

The War On Yemen, Congress, And The Constitution

The Wall Street Journal tries, and fails, to defend President Trump’s indefensible veto of the Congressional resolution regarding the war on Yemen.

Lanham Act is FUCT

The Supreme Court is likely to finish striking down restrictions on offensive trademarks.

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Politicians Blocking Citizens on Social Media

The Alexandria Ocasio-Cortez edition.

Democrats and the Death Penalty

California Governor Gavin Newsome may have put the issue front and center for 2020.

Trump Fighting Congress’ Demand for His Tax Returns

The law is not on the President’s side.

Congress Passes Resolution to End Support for War in Yemen

The Constitution’s invitation to struggle over foreign policy continues.

No, the Electoral College Wasn’t About Slavery

Princeton historian Sean Wilentz lays to rest a pernicious idea propagated by . . . Princeton historian Sean Wilentz.

Supreme Court Rules No Right to ‘Painless Death’

The replacement of Anthony Kennedy with Brett Kavanaugh is already having a significant impact.

Justices Divided on Partisan Gerrymandering

Oral argument hints that we may have a 5-4 ruling allowing state legislatures to continue stacking the deck.

Pentagon Diverts $1 Billion for Illegal Wall Funding

The (Acting) Secretary of Defense has issued an unconstitutional order.

Harvard Sued Over Ownership of Slave Photos

A racist scholar took some fascinating photos of an enslaved man in 1860. Now, his descendants want the rights to them.

Florida Republicans Working to Gut Restoration of Felon Voting Rights

Last November the state voted overwhelming to amend its constitution. The lawmakers they elected at the same time are sabotaging it.

Media, Free Speech, and Violent Extremists

Free expression sometimes enables horrible crimes. How does a free society deal with that tension?

Congressman: Abolish Filibuster and Electoral College

Massachusetts Democrat Seth Moulton makes an argument familiar to OTB readers.

Despite Donald Trump, America’s Institutions Are Prevailing

It’s been a rough two years under Trump, but America’s institutions are surviving.

Reforming the Supreme Court

A novel proposal for making SCOTUS appointments more responsive to election outcomes.

Senate Appears Poised To Block Trump’s National Emergency

There appear to be enough votes in the Senate to pass the resolution disapproving President Trump’s border wall “emergency,” but there’s not enough Republican support to override an expected veto.

House Passes Measures To Strengthen Gun Background Checks

Last week, the House passed two bills to strengthen the laws regarding background checks for guns, but they’re not likely to even make it to the floor of the Senate.

Amazon Prime Removes Anti-Vax Documentaries

A powerful Congressman successfully pressured a media giant to pull content. We should be worried.