Study Estimates Nearly 96% of Private Property Is Open to Warrantless Searches
The Institute for Justice says its data show that a century-old Supreme Court doctrine created a huge exception to the Fourth Amendment.
Constitutional Interpretation
Will Elon Musk's Twitter Sex Jokes End the Administrative State?
SpaceX argues the federal agency trying to punish it for firing employees critical of Musk is itself unconstitutional.
Zoning Board Orders Longtime Tenants' Homes Dismantled
Plus: the Supreme Court weighs housing fees and homelessness, YIMBYs bet on smaller, more focused reforms, and a new paper finds legalizing more housing does in fact bring costs down.
According to Law
A keynote address to the Symposium on Common Good Constitutionalism.
Federal Judge Questions 'Evolving Standards' Test for Cruel and Unusual Punishment
The Supreme Court judges Eighth Amendment cases with "evolving standards of decency." Some conservative jurists don't like it.
Louisiana Mother of Autistic Child Hit by Teacher Files Supreme Court Petition
School officials in three states are effectively immune from lawsuits over excessive corporal punishment. A Louisiana mother is asking the Supreme Court to step in.
Federal Judge Rules Texas Anti-Drag Law Violates the First Amendment
The judge ruled that the law was unconstitutionally overbroad, vague, and viewpoint discrimination.
The Sticky Spaghetti School of Constitutional Law
Politicians are throwing laws at the wall and seeing what sticks.
Vermeule and Casey Respond to Judge Rao on Textualism's Political Morality
Further debate on textualism, "common good constitutionalism," and the classical legal method.
Frederick Douglass as Natural Rights Originalist
A fascinating new exploration of Frederick Douglass' constitutional thought.
Why Israelis Are Taking to the Streets
The furious response to a seemingly modest reform reflects a broader dispute about the role of courts in a democracy.
A Flawed "Popular Constitutionalist" Rationale for Disobeying Supreme Court Decisions
Harvard law Prof. Mark Tushnet and political scientist Aaron Belkin urge President Biden to disobey "gravely mistaken" Supreme Court rulings. Doing so would set a dangerous precedent likely to be abused by the right, as well as the left.
A 2007 Debate Provoked by Richard Posner Illuminates the Current Clash Over Judicial Power in Israel
The appeals court judge argued that the Israeli Supreme Court had usurped the role of legislators.
Supreme Court Confirms That State Legislatures Can't Ignore the Constitution When Writing Election Rules
Chief Justice John Roberts decisively rejected the independent state legislature theory.
Should Libertarians Be Noncombatants in the Pride Wars?
Plus: A listener question considers the pros and cons of the libertarian focus on political processes rather than political results.
Trump-Appointed Judge Rules Tennessee's Anti-Drag Law Unconstitutional
Plus: Librarians take on Arkansas book restrictions, another migrant stunt may have originated in Florida, and more...
My Cato Policy Report Article on "Three Constitutional Issues Libertarians Should Make their Own"
The article explains why libertarians should focus much more on constitutional issues arising from zoning, immigration restrictions and racial profiling.
The Dormant Commerce Clause, the Internet, and Geolocation
A response to Professors Goldsmith & Volokh
No Constitutional Right To Honk Your Car Horn, Court Says
Plus: DeSantis does better than Trump in swing-state poll, majority say abortion pill should remain available, and more...
The Israeli Fight Over Judicial Review Highlights the Dangers of Unconstrained Democracy
Opponents of the proposed reforms are right that unlimited majority rule is a recipe for tyranny.
James Madison's Decentralized Republic
The Constitution was intended to preserve state sovereignty, not create an all-powerful central government.
My Forthcoming Article on "The Case for Expanding the Anticanon of Constitutional Law"
It argues for increasing the number of cases in the Supreme Court's "Hall of Shame" and proposes three worthy additions.
The Continuing Relevance of Frederick Douglass
Douglass is best-known for his role in the abolitionist movement that helped end slavery. But much of his thought is also relevant to contemporary issues.
The FTC Wants To Outlaw Noncompete Clauses, but Does It Have the Authority?
The Commission's lone dissenter says Congress has not charged it with regulating noncompete clauses.
"The 'Common-Good' Manifesto" Is Now Published
reviewing Common Good Constitutionalism.
Is Justice Jackson the "De Facto Leader" of Progressive Originalists?
Originalist scholar Larry Solum suggests KBJ could be the Left's Antonin Scalia.
What Twitter's Suppression of the Hunter Biden Laptop Story Tells Us About the Media
Plus: The editors consider a listener question on the involuntary hospitalization of the mentally ill.
You Can Record Video of Police in Action. But Can You Livestream That Video?
Plus: Court rejects Biden plea on student loan plan, Ohio cops don't understand the First Amendment, and more...
Eric Adams' Plan To Involuntarily Hospitalize Mentally Ill Homeless People Will Face Legal Challenges
Civil liberties groups say Adams' plan violates constitutional rights protecting people with mental illness from being confined against their will simply for existing.
Kansas Voters Could Give Legislature Power To Veto Executive Branch Regulations
The proposed constitutional amendment would shift the state's balance of political power.
The Supreme Court Could End Affirmative Action
In the two cases, brought against Harvard and the University of North Carolina, anti-affirmative action group Students for Fair Admissions argues that race-conscious admissions violate the Civil Rights Act
There's No Way FOSTA Isn't a First Amendment Violation, Says Lawsuit
The case is now on appeal after a lower court said the ban on websites promoting prostitution didn't concern protected speech.
Review of Ilya Shapiro's "Supreme Disorder"
One Ilya reviews a book written by another. Hopefully, this won't exacerbate #IlyaConfusion!