In Honor of Confederate Heritage Month in Mississippi

If only we knew why Mississippi chose to join the Confederacy…

Maine Joins ‘National Popular Vote’ Compact

A longstanding project inches forward.

Keeping Insurrectionists Out of Office

It’s easy if you try.

Congress Contemplating Counter-Insurrection

A truly insane proposition.

The Border Standoff is Escalating Quickly

Gregg Abbott is now defying the U.S. Supreme Court, forcing a showdown.

Texas Defies Biden Border Order

A literal Mexican stand-off.

Porn, Public Employees, and the First Amendment

I know a fireable offense when I see it.

Trump Attorney: If Not Impeached And Convicted, President Has Power To Assasinate Political Rivals

This is the logical result of Trump’s legal arguments & that should give everyone pause

Podcast Recommendation Ahead Of Tomorrow’s Hearing On Presidential Immunity In DC

The Lawfare podcast offers a great primer on the eve of oral arguments

Trump and the Constitution

When checks and balances aren’t enough.

Former Congressman and Trump White House Chief of Staff Mark Meadows Former Congressman and Trump White House Chief of Staff Mark Meadows

The Implications of 11th Circuit’s Mark Meadows Decision

The denial of transfer to Federal Court could signal problems for Trump’s Presidential Immunity Claims

Why Trump Will Almost Certainly Stay On The Colorado Primary Ballot

A few predictions that are going to disappoint just about everyone.

[Clarence Thomas] [Clarence Thomas]

What Role Have “Gifts” Played In Keeping Justice Thomas On The Supreme Court?

Might not be bribery, but it’s still exerting influence.

Supreme Court to Hear Trump Immunity Case

The highest court has agreed to expedite a ruling on a novel question.

Another Judge Rejects 14th Amendment Solution

It’s going to be up to the American people to keep Trump out of the White House.

Congress and Military Promotions

Why is the Senate pretending to do that which it can’t possibly do?

Mitt Romey with pained look on face as he has dinner with President-Elect Trump. Mitt Romey with pained look on face as he has dinner with President-Elect Trump.

Mitt Romney Confirms What We’ve Suspected For Years!

The rare case where a clickbait headline is actually appropriate.

California’s Next Senator Lives in Maryland!

A mere technicality?

The Biden Impeachment Tantrum

The inmates are running the asylum.

Biden Administration Overstepped Bounds on Social Media Pressure

The 5th Circuit upholds a lower court ruling but narrows its scope considerably.

Testing Section 3

State election officials are standing by for challenges to Trump’s right to run.

Trump’s First Federal Trial Set For 2024

For the moment, the “January 6th” trial begins on March 4th, 2024

14th Amendment Solutions

One weird trick could save us from Trump.

Why Trump Will Most Likely Be Convicted If Any Trial Moves Forward

tl;dr: Trump is a nightmare client & nightmare clients don’t do well in criminal courts

The image is released free of copyrights under Creative Commons CC0 via pXhere The image is released free of copyrights under Creative Commons CC0 via pXhere

Raining On Parades

With the help of Popehat, I call out issues with the Fulton County case &, in doing so, piss everyone off

Is Trump Protected Because Of “Political Speech”?

Why “the First Amendment protects Trump” defense doesn’t make sense

Compelled Speech and Public Accommodation

The Supreme Court sided with an anti-gay website designer.

The 4th Amendment in a Zero Privacy World

Should the government need a warrant to get information it can buy on the open market?

Violent Rhetoric: Legal But Dangerous

Politicians and other thought leaders are playing with fire.

Trump, Hamilton, and the Electoral College

Don’t blame the primary author of The Federalist for our current mess.

Biden Student Loan Forgiveness in Danger

The Supreme Court’s conservative majority is signaling an unfavorable ruling.

Punishment for Acquitted Conduct

The Supreme Court may revisit a controversial criminal justice ruling.

Banning Trump From Office

The January 6 Committee recommends invoking the Insurrection Clause.

Rehnquist and the ‘Independent State Legislature’ Theory

The late Chief Justice was right; his successors are wrong.

Impeachment in a System of Checks and Balances

What should be the bar? Can it ever be reached?

The January 6 Hearings Are Over. Now What?

The investigation produced mounds of evidence. Will it matter?

[Documents taken in August Mar-A-Lago search] [Documents taken in August Mar-A-Lago search]

[Updated] – DOJ Appeals To 11th Circuit

The Department of Justice takes an utterly unsurprising, but important step in the Mar-a-lago document case

American Civil War II is Unlikely but Not Impossible

A repeat of 1860 can’t happen. But something even worse could.

[Top Secret Clip Art] [Top Secret Clip Art]

[Update] Analysis of NARA’s Letter to Former President Trump

Why would the Trump team release a document that casts them in such a bad light?

We Don’t Need No Stinkin’ Constitution

Is it time to call the whole thing off?

Stupid Takes From “Smart” People: Trump/FBI Edition

Tell us you don’t know anything about Federal Warrants without telling us you don’t know anything about Federal Warrants

Non-Majority Presidents

Are plurality winners less legitimate than popular vote losers?

Independent State Legislature Theory

A theory floated in Bush v Gore could radically change American elections.

Defending the Constitution Against All Enemies, Foreign and Domestic

What should conservatives who can’t support the party of Trump do?

Judicial Supremacy vs Popular Constitutionalism

Who should have the final say on the law of the land?

January 6 Committee Divided on Which Non-Starter Recommendations to Make

They’re taking their eye off the ball.

Pretextual Searches on the Interstate

Assumptions of racial animus are overshadowing a story that’s outrageous enough on its own.

Protesting at Officials’ Homes

Is harassing judges, mayors, Senators, and the like in their private lives just free speech?

[Clarence Thomas] [Clarence Thomas]

Clarence Thomas on Stare Decisis

Not so conservative.

Banning ‘Insurrectionists’ Redux

Lawyers in North Carolina are trying to get a Congressman off the ballot.