Supreme Court Considers Case Where Civil Asset Forfeiture And The Sixth Amendment Collide

The Supreme Court is now considering a case that deals with the problem of overly broad civil asset forfeiture laws and a Defendant’s right to counsel under the Sixth Amendment.

Nurse Kaci Hickcox Sues Chris Christie For Civil Liberties Violations During Ebola Quarantine

The nurse who was detained by New Jersey officials in a quarantine despite not displaying any symptoms of Ebola is suing Chris Christie and others for civil liberties violations.

President Obama’s Empty Rhetoric On Guns

In the wake of yesterday’s shootings in Oregon, President Obama took the airwaves to offer the same empty rhetoric he has on this issue in the past, and to make the false claim that there are simple solutions to what is a very complex problem.

How Much Will Trumpism Damage The Republican Party?

Even if Donald Trump isn’t the Republican nominee in 2016, he could still end up causing real harm to the party’s chances of winning the White House and holding on to the Senate.

Connecticut Supreme Court Declares Death Penalty Unconstitutional

Connecticut eliminated the death penalty several years ago, and now the state’s Supreme Court has ruled that the men remaining on death row cannot be executed.

Supreme Court Rejects Challenge To Death Penalty

The Supreme Court rejected a challenge to the way the death penalty is administered, dealing a serious blow to opponents of the death penalty.

The Supreme Court as Sitting Constitutional Convention

Debating the proper role of the judiciary.

On Constitutional Language

Wherein I take the view that as our understanding of language changes, so too does our application of the Constiution.

Fear and Paranoia in Academia

I have been reading, mostly in passing, a number of pieces about an alleged new climate on college campuses in which students are raising significant complaints due to difficult or emotionally sensitive material. The latest example did not impress me.

European Commission Plan Would Require All E.U. Members To Accept Migrants

A plan to distribute migrants from the conflicts in the Middle East and North Africa across the entire European Union seems destined to cause political conflict.

Two Hostages, Including One American, Killed In Raid On Al Qaeda Targets

An attack on al Qaeda outposts in January resulted in the death of two hostages, but also resulted in the death of two high value al Qaeda targets.

The Domestic Side of National Security

Another commentary on the National Security Strategy, this one at The Hill.

Arbitrator Upholds Adrian Peterson Suspension

Unlike Ray Rice, Adrian Peterson has lost his bid to have his suspension overturned.

Columbia Law School To Let Students Postpone Exams Due To “Trauma” Over Ferguson, Garner

Apparently, law schools are in the business of coddling their special snowflake children now.

Stealing Isn’t a Crime When Police Do It

Civil asset forfeiture gives “highway robbery” a whole new meaning.

The Sixth Circuit Just Made Nationwide Same-Sex Marriage Even More Likely, And Closer To Reality

An unsurprising ruling from the Sixth Circuit Court of Appeals that only seems to bring closer the day when same-sex marriage will be legal nationwide.

Kaci Hickcox Threatens To Sue Maine Authorities Over Ebola Quarantine Order

We may have our first legal challenge to an Ebola quarantine order by tomorrow

Ebola And Mandatory Quarantines: A Delicate Balance Between Personal Liberty And Public Safety

Mandatory quarantines are a massive violation of personal liberty. We ought to be careful in how, when, and why we impose them and who they are directed toward.

Gun Rights, Mental Health, And A Denial Of Due Process

New York State’s gun law takes rights away from nearly 35,000 people without any due process whatsoever.

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Political Pressure Grows For An Ebola Travel Ban, But The Argument For One Remains Weak

A travel ban sounds like a simple solution to a complex problem. Like most simple solutions, though, it becomes far less appealing when you think about the details.

9th Circuit Strikes Down Same-Sex Marriage Bans In Idaho And Nevada

Two more states are added to the list, with another three likely not far behind.

Seventh Circuit Strikes Down Indiana And Wisconsin Bans On Same-Sex Marriage

Another Federal appellate Court has struck down state law bans on same-sex marriage, but the only thing that matters now is the Supreme Court.

DNA Evidence Clears Two Men After 31 Years, Including One Who Was Sentenced To Die

Two men in North Carolina are free after spending 31 years in prison for a crime they didn’t commit.

James Brady’s Death Ruled A Homicide

Could John Hinckley, Jr. face murder charges 30 years after his attempted assassination of President Reagan?

Federal Appeals Court Strikes Down Virginia’s Same-Sex Marriage Ban

Another Circuit Court of Appeals has weighed in on the marriage equality debate.

10th Circuit Strikes Down Oklahoma’s Ban On Same-Sex Marriage

Another step closer to the Supreme Court.

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Only Congress Can Do What’s Needed To Deal With The Border Crisis

That ball is in your court, Congress.

The Legal Battle For Same-Sex Marriage Is Headed To The Supreme Court

Assuming it accepts the appeal, Utah is giving the Supreme Court its high profile case for the October 2015 Term.

Law Enforcement or War? Both!

My latest collaboration with Butch Bracknell, “Ahmed Abu Khattala and the Miranda-Rights Question,” has posted in The National Interest.

10th Circuit Court Of Appeals Strikes Down Utah’s Same-Sex Marriage Ban

A big step forward for the challenge to state-based bans on same-sex marriage.

Federal Judge Rules No-Fly List Unconstitutional

The right to fly can’t be denied on mere whim.

The Redskins Trademark Decision Is Legally Dubious, And Troubling

However you feel about the Redskins name, the decision to retroactively repeal their trademarks is troubling on many levels.

Conservatives Attack Hillary Clinton For Being A Criminal Defense Attorney 40 Years Ago

Once again, Republicans are attacking someone for doing a job the Bill of Rights itself makes necessary and important.

More On Unlawful Command Influence

There’s essentially no analogue in the civilian justice system. Here’s why.

What Bowe Bergdahl Deserves

Not every soldier is a hero. Not even every POW.

Pennsylvania Will Not Appeal Same-Sex Marriage Ruling

And Pennsylvania makes it 19.

Texas High School Student Suspended For Refusing To Stand During Pledge Of Allegiance

A pretty clear violation of the First Amendment.

Supreme Court Voids $3.4 Million Restitution Award To Child Pornography Victim

The Court gets the result right, but their reasoning will make things much more difficult for courts, defendants, and victims.

Federal Judge Strikes Down Virginia’s Ban On Same-Sex Marriage

Another victory for marriage equality. This time from the state that gave us the Supreme Court’s landmark decision on interracial marriage.

Nevada’s Attorney General And Governor Won’t Defend Law Against Same-Sex Marriage

The fight for marriage equality takes another step forward.

Supreme Court Grants Stay, Halting Same Sex Marriages In Utah

For the time being at least, same-sex marriage is once again banned in Utah.