DC Government Passes Sweeping Emissions Standards

One of the strongest climate regulations in the country is almost certainly unconstitutional.

Federal Judge Strikes Down Affordable Care Act As Unconstitutional

Eight years after it was signed into law, a Federal Judge has ruled the Affordable Care Act to be unconstitutional.

Supreme Court Set To Hear Landmark Case On Double Jeopardy

Later this week, the Supreme Court will hear a case that could rewrite decades of law interpreting the Fifth Amendment’s Double Jeopardy rule.

Supreme Court Appears Poised to Rein In Civil Asset Forfeiture:

The Supreme Court appears ready to impose at least some limits on civil asset forfeiture at the state level.

Supreme Court To Decide If Nearly Half Of Oklahoma Belongs To Native Americans

Yesterday. the Supreme Court heard argument in a case that makes the argument that nearly half of Oklahoma is actually Native American territory.

Trump Asks Supreme Court To Take Up Challenges To Transgender Military Ban

The Trump Administration is attempting to bypass the Circuit Courts of Appeal and get immediate Supreme Court review of the President’s ban on transgender Americans serving in the military.

Federal Judge Strikes Down Mississippi Law Barring Abortion After 15 Weeks

A Mississippi law that seeks to ban most abortions after 15 weeks was struck down by a Federal District Court Judge.

Donald Trump v. The Federal Judiciary

President Trump’s latest attack on the Federal Judiciary prompted a rare rebuke from the Chief Justice of the United States.

Democratic Senators Sue Matthew Whitaker, Asserting His Appointment Is Unconstitutional

Three Democratic Senators are suing the Acting Attorney General, asserting that his appointment was unconstitutional.

Federal Female Genital Mutilation Law Ruled Unconstitutional

A federal judge has found the practice outside the scope of Congress’ authority.

CNN, White House Settle Dispute Over Press Pass, But Future Conflict Is Likely

The White House and CNN have settled the dispute over Jim Acosta’s press pass, but future conflict between this Administration and the press corps seems inevitable.

Trump Administration Threatens Again To Revoke Jim Acosta’s Press Pass

Despite a court ruling that says otherwise, the Trump White House appears prepared to once again revoke the press pass of CNN reporter Jim Acosta.

Judge Rules Against White House, Orders Jim Acosta’s Press Pass Restored

A Federal Judge in Washington ruled that the White House acted improperly when it arbitrary revoked CNN reporter Jim Acosta’s press pass.

CNN Sues White House Over Revocation Of Correspondent’s Press Pass

CNN fires back in the Administration’s ongoing war with the news media.

The Constitution And Trump’s Temporary Attorney General

President Trump’s selection to serve as Acting Attorney General does not appear to be Constitutionally authorized to serve in that position.

Federal Judge Allows Emoluments Clause Case To Proceed

A Federal Judge in Maryland has ruled that discovery can proceed in a case alleging that President Trump has taken payments from outside sources in violation of the Constitution

Birthright Citizenship Isn’t Just The Law, It’s A Good Idea Too

In addition to being mandated by the Constitution, birthright citizenship goes to the core of what it means to be an American.

Legal Experts Weigh In On Trump’s Silly Birthright Citizenship Ideas

Overwhelmingly, legal experts agree that President Trump is wrong about birthright citizenship and the Fourteenth Amendment.

Trump Says He Will End Birthright Citizenship Via Executive Order, But He Can’t

President Trump is now claiming he will end birthright citizenship for the children of undocumented immigrants via Executive Order. He clearly lacks the authority to do this.

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.

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.

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.