Memetic Warfare and Stochaistic Terrorism

America’s tradition of unlimited free expression increases the danger of violence.

Joe Arpaio Files Defamation Suit Against The New York Times

Former Arizona Sheriff and Senate candidate Joe Arpaio is suing The New York Times for defamation. He doesn’t appear to have much of a case.

Federal Judge Dismisses Stormy Daniels Defamation Suit Against Trump

A Federal Judge has dismissed a defamation lawsuit filed against the President

Brett Kavanaugh, Double Jeopardy, And Presidential Pardons

Debunking a theory for why the Kavanaugh nomination was supposedly “rushed.”

Texas Trying To Force Students To Stand For Pledge Of Allegiance

The State of Texas is arguing in Court that a school district can force a student to stand for the Pledge of Allegiance. This is a blatant violation of the First Amendment.

Federal Judge Allows Congressional Emoluments Clause Lawsuit To Proceed

A Federal Judge ruled late last week that a lawsuit under the Foreign Emoluments Clause by more than 200 Congressmen and Senators can proceed forward.

Fixing Presidential Succession

We should take Congressional officers out of the line of succession.

Sunstein’s Muddled Take on Kavanaugh

I’m not the only one confused on what to do about the allegations against President Trump’s nominee to replace Anthony Kennedy.

On The Twenty-Fifth Amendment

The Twenty-Fifth Amendment has been in the news a lot lately, but what would it actually take to use it to remove a President from power?

A ‘Soft Coup’ Inside The White House Isn’t The Antidote To Trumpism

Donald Trump is a bad, inept, and potentially dangerous President. That doesn’t mean that a ‘soft coup’ inside the White House is the answer to the problem he presents to our democratic republic.

Oregon State Agency Alleges Walmart’s Age Restriction on Gun Sales Violates State Law

An Oregon state agency is suggesting that Walmart’s decision to restrict arms sales to bar people under 21, but over 18, from being able to purchase firearms violates state law.

Judge Denies Alex Jones Bid To Dismiss Defamation Lawsuit

Alex Jones lost a bid to dismiss a lawsuit filed by families of children killed in the Sandy Hook massacre.

Federal Court Tosses North Carolina Congressional Districts For Second Time

For the second time this year, a three-judge panel of Federal Judges has struck down North Carolina’s Congressional District map. The immediate question is what impact, if any, this will have on November’s election.

Lawsuits Challenge “Winner Take All” Allocation Of Electoral College Votes

A group of lawsuits filed across the country are seeking to challenge the predominant method for allocation of Electoral College votes. These lawsuits appear to have little merit.

Alex Jones Loses Access To Social Media

Facebook, Google, and several other companies have closed down accounts associated with conspiracy theorist Alex Jones.

Federal Judge Blocks Release Of Plans For 3-D Printable Guns

A Federal Judge in Washington State has, at least temporarily, blocked the release of files that would allow anyone to make a 3-D printed gun. The First Amendment seems to clearly indicate that this ruling is wrong.

Federal Judge Allows Emoluments Suit Against Trump To Proceed In Historic Ruling

A Federal Judge in Maryland ruled last week that a lawsuit against the President based on a rather obscure provision of the Constitution could go forward.

Ninth Circuit Strikes Down Hawaii Law Barring Open Carry Of Weapons

A three-judge panel of the Ninth Circuit Court of Appeals struck down part of a Hawaii law barring open carry of weapons, but this win for gun rights advocates may turn out to be short-lived.

Four Democratic States File Legally Dubious Lawsuit Against New Tax Law

New York and several other states have filed an incredibly dubious lawsuit against the Republican’s new tax law.

Initiative To Split California Into Three States Blocked From Appearing On Ballot

An initiative that would have purported to split California into three separate states has been barred by the California Supreme Court from appearing on the November ballot.

Considering a World without Roe

Some considerations on the politics of Roe v. Wade.

Supreme Court To Take Up Double Jeopardy “Separate Sovereigns” Exception

Next term, the Justices will revisit the issue of whether someone can be tried in state and Federal Court for the same crime for the first time in nearly sixty years.

Comparative Judiciaries

The current discussion about SCOTUS is a good excuse to look at how other countries handle these things.

How’s That ‘Living Constitution’ Working Out for You?

Progressive enthusiasm for the notion that our governing framework is dynamic and ought be constantly updated by the judiciary is waning.

Supreme Court Strikes A Blow Against Public Sector Unions

In a 5-4 decision, the Supreme Court has ruled that public sector unions cannot force employees to pay membership fees.

SCOTUS Strikes Down Law Requiring Crisis Pregnancy Centers To Provide Abortion Information

In a 5-4 ruling, the Supreme Court struck down a California law requiring Crisis Pregnancy Centers to provide information about abortion.

Supreme Court Upholds Final Version Of Trump’s Muslim Travel Ban

In a ruling that largely relies on the authority granted by Congress to the President to regulate immigration on national security grounds, the Supreme Court has upheld the final version of the Administration’s travel ban.

Supreme Court Rules That Cell Phone Site Data Is Protected By The Fourth Amendment

In a case that pit the new rules of cyberspace against the old rules about when the Fourth Amendment protects privacy, the Supreme Court ruled today in a way that breathes new life into both privacy and the Fourth Amendment.

Supreme Court Agrees to Hear Civil Asset Forfeiture Case

We may finally get a ruling applying the Excessive Fine Clause to the states and limiting the ability of police to confiscate property.

Supreme Courts Let Partisan Gerrymandering in Wisconsin and Maryland Stand (For Now)

A 9-0 ruling side-stepped the broader issue of to what extent purely political considerations may be applied.

Supreme Court Strikes Down Ban On “Political Apparel” At Polling Places

In a significant First Amendment ruling, the Supreme Court has held that a Minnesota law barring “political apparel” at polling places is unconstitutional.

Could SCOTUS’s Ruling In Masterpiece Cakeshop Impact Trump’s Muslim Ban?

Some legal scholars are speculating that the Court’s ruling in Masterpiece Cakeshop could impact the ruling on the President’s Muslim Travel Ban. This seems unlikely.

Trump Unblocks Twitter Users, Appeals Ruling That He Can’t Block Twitter Users

President Trump has unblocked Twitter users, but at the same time his lawyers are appealing the ruling that he can’t block Twitter users.

The President Probably Can Pardon Himself, But If He Does He Should Be Impeached

Based on a strict reading of the Constitution, a sitting President probably does have the power to pardon himself. That doesn’t mean he should be allowed to get away with it without consequence.

In Narrow Ruling, Supreme Court Sides With Baker In Same-Sex Wedding Discrimination Case

In an exceedingly narrow ruling, the Supreme Court sided with a Colorado baker who refused to bake a cake for a same-sex wedding reception. However, the ruling did not address the broader issues raised by the case.

Trump Administration Argues It Didn’t Need Congressional Authorization To Attack Syria

Echoing the Obama Administration, the Trump Administration is arguing that it did not need Congressional authorization to attack Syria earlier this year.

Is The E.R.A. Really Just One State Away From Ratification? Maybe, Maybe Not.

Earlier this week, the Illinois legislature ratified the Equal Rights Amendment. What’s unclear is if this act has any meaning at all.

Supreme Court Places Limits On Automobile Exception To Fourth Amendment

Yesterday, the Supreme Court ruled that a police officer violated the Fourth Amendment when he conducted a search on a vehicle parked in a Defendant’s driveway without a search warrant.

Conservatives Are On The Wrong Side Of The N.F.L. Anthem Debate

Conservatives claim to support freedom of speech and freedom of expression, but they’ve utterly failed that test when it comes to their reaction to players who peacefully and respectfully kneel during the National Anthem.

Trump: If You Don’t Stand For The Anthem, Maybe You Should Leave The Country

President Trump’s response to the N.F.L.’s new National Anthem policy is as narrow-minded and divisive as you’d expected it to be.

Federal Judge: Trump Cannot Block People On Twitter For Political Reasons

A Federal Judge in New York has ruled that President Trump cannot block users from reading his tweets.

It’s Time To Eliminate The Presidency’s ‘Natural Born Citizen’ Requirement

The requirement that the President be a “natural born citizen” is a historical anachronism that has outlived its usefulness or necessity.