Is the Second Amendment a “Second Class Right”?

The Supreme Court has not decided a major Second Amendment case since McDonald v. Chicago in 2010, but the Court may break this silence soon if it decides to grant certiorari in Mance v. Whitaker – a challenge to a law prohibiting interstate handgun sales. In this episode, Cato’s Clark Neily, a leading Second Amendment… Read More

The Federal Employees’ Lawsuits Over the Shutdown

Over the last week, three separate lawsuits have been filed against President Trump and administration officials arguing that the government violates due process, the Thirteenth Amendment, the Fair Labor Standards Act, and the Anti-Deficiency Act in ordering certain federal workers… Full Story Here Law Professor January 16, 2019 10:29 pm Support Us

Sixth Circuit Rebuffs Sweeping Free Speech Claim

The Sixth Circuit ruled today that a school district’s exclusion of a non-preferred vendor from "Band Night" did not violate the First Amendment. In so ruling, the court rejected the vendor’s sweeping free-speech claim that could have turned many contract… Full Story Here Law Professor January 16, 2019 2:29 pm Support Us

Sixth Circuit Rebuffs Sweeping Free Speech Claim

The Sixth Circuit ruled today that a school district’s exclusion of a non-preferred vendor from "Band Night" did not violate the First Amendment. In so ruling, the court rejected the vendor’s sweeping free-speech claim that could have turned many contract… Full Story Here Law Professor January 16, 2019 2:29 pm Support Us

Another Court Halts Administration’s Final Rules on Contraception Mandate

Judge Wendy Bettlestone (E.D. Pa.) yesterday issued a preliminary injunction halting the government’s final rules that provide sweeping exemptions to the contraception mandate under the Affordable Care Act. Judge Bettlestone’s ruling is the second in two days halting the rules…. Full Story Here Law Professor January 15, 2019 10:29 pm Support Us

Federal District Judge Enjoins Census Citizenship Question

In its 277 page Opinion in New York v. United States Department of Commerce, United States District Judge Jesse Furman concludes by vacating and enjoining the implementation of the decision of Department of Commerce Secretary Wilbur Ross (pictured below) adding… Full Story Here Law Professor January 15, 2019 2:29 pm Support Us

Daily Read: Resolution to Censure Rep. Steve King for Racist Remarks

Congressman Bobby Rush of Illinois District 1 has introduced a Resolution in the House of Representatives to censure Congressman Steve King of Iowa, listing specific incidents beginning in 2006 and ending with the January 10 remark by Steve King to… Full Story Here Law Professor January 14, 2019 10:28 pm Support Us

Court (again) Halts Trump Exemptions to ACA’s Contraception Requirement

Judge Haywood S. Gilliam, Jr., issued a preliminary injunction yesterday that halts the government’s implementation of its sweeping exemptions to Obamacare’s contraception requirement in the plaintiff states. The ruling is a blow to the administration’s attempts to allow organizations to… Full Story Here Law Professor January 14, 2019 2:29 pm Support Us

Iowa Federal Judge Strikes Ag-Gag Statute as Violating First Amendment

In an Order in Animal Legal Defense Fund v. Reynolds, United States District Judge James Gritzner for the Southern District of Iowa declared Iowa Code § 717A.3, violated the First Amendment. The provisions, similar to ones in other states and… Full Story Here Law Professor January 9, 2019 10:29 pm Support Us

SCOTUS to hear Partisan Gerrymandering Cases (Again)

The Court has ordered oral arguments set for March on the merits of two cases involving the recurring issue of the constitutionality of partisan gerrymandering, Rucho v. Common Cause and Lamone v. Benisek. Both cases have extensive histories including previous… Full Story Here Law Professor January 4, 2019 10:29 pm Support Us

Year-End Report by Chief Justice Roberts, 2018

For his 2018 Year-End Report on the Federal Judiciary, the sexual harassment concerns which surfaced at the end of Chief Justice Roberts 2017 report (which we discussed here) occupied center stage. Opening with an anecdote about the importance of law… Full Story Here Law Professor January 2, 2019 2:29 pm Support Us

Daily Read: Can the Senate’s Composition Change by Statute?

In a column at The Atlantic, "The Path to Give California 12 Senators, and Vermont Just One," subtitled "Maybe the two-senators-per-state rule isn’t as permanent as it seems," Political Science Professor Eric Orts agrees with many others that the Senate… Full Story Here Law Professor January 2, 2019 2:29 pm Support Us

Daily Read: SCOTUS Justices, Kavanaugh, and Ethics

In an editorial today, senior editorial writer of the Los Angeles Times Michael McGough argues that "Kavanaugh (and other justices) shouldn’t be exempt from an ethics code." McGough’s piece is prompted by the December 18 Order (from the Tenth Circuit… Full Story Here Law Professor December 28, 2018 2:29 pm Support Us

Divided Second Circuit on Compelled Speech and Foreign Affiliates

In its opinion in Alliance for Open Society International v. United States Agency for International Development, the Second Circuit split in its application of the United States Supreme Court’s 2013 opinion in the same case. Recall that United States Agency… Full Story Here Law Professor December 28, 2018 2:29 pm Support Us

Sixth Circuit Rebuffs Iraqis’ Habeas Petition

The Sixth Circuit ruled that a group of Iraqis couldn’t bring a habeas petition to challenge their removal to Iraq, and that the district court erred in granting class-wide relief over their detention claim. The ruling sends the case back… Full Story Here Law Professor December 21, 2018 2:29 pm Support Us

Bill Barr’s Broadside Against Mueller’s Obstruction Investigation

Bill Barr, President Trump’s nominee to be AG, earlier this year issued a sweeping criticism of Robert Mueller’s investigation into obstruction of justice by the President that further reveals his views on executive authority. (We previously posted on Barr’s views… Full Story Here Law Professor December 20, 2018 10:30 pm Support Us

Join ACS and SALT on SCOTUS Reform at AALS

Check out the American Constitution Society/SALT workshop on The Possibility & Potential of SCOTUS Reform at the AALS Annual Conference, on January 3, 2019, at 6:00 pm. Reception to follow. Full Story Here Law Professor December 20, 2018 10:30 pm Support Us

Groups Sue to Stop Bump-Stock Ban

An individual and three gun-rights groups filed suit this week in the D.C. District to halt the government’s new bump-stock ban. The lawsuit seeks to stop the Bureau of Alcohol, Tobacco, Firearms and Explosives from implementing and enforcing its final… Full Story Here Law Professor December 20, 2018 2:31 pm Support Us

Another Ruling Against Administration Asylum Policies

Judge Jon Tigar (N.D. Cal.) today turned his temporary restraining order against the Administration’s policy that makes anyone who crosses the southern border ineligible for asylum into a preliminary injunction. (Recall that the court issued a temporary restraining order late… Full Story Here Law Professor December 19, 2018 10:29 pm Support Us

Court Strikes Administration’s Restrictions on Domestic and Gang Violence Asylum Seekers

Judge Emmet Sullivan (D.D.C.) today ruled that several aspects of the DOJ’s and USCIS’s standards for "credible fear" determinations by asylum officers in expedited removal proceedings violated the Immigration and Naturalization Act or were otherwise arbitrary and capricious and therefore… Full Story Here Law Professor December 19, 2018 2:29 pm Support Us

Tenth Circuit Judicial Council Tosses Complaints Against Justice Kavanaugh

The Judicial Council of the Tenth Circuit today tossed out the scores of complaints against Justice Kavanaugh on the ground that as a Supreme Court justice he is no longer subject to the Judicial Conduct and Disability Act. Thus, the… Full Story Here Law Professor December 18, 2018 10:29 pm Support Us

Court Strikes the Entire Affordable Care Act

Judge Reed O’Connor (N.D. Tex.) today issued a sweeping and breathtaking ruling striking the entire Affordable Care Act. Judge O’Connor ruled that the individual mandate could no longer be supported by Congress’s taxing power; that the individual mandate is not… Full Story Here Law Professor December 14, 2018 10:28 pm Support Us

Second Circuit Lets Eviction-Settlement Challenges Move Forward

The Second Circuit ruled that a case challenging New York officials’ eviction-settlement practices can move forward in federal court, despite the fact that a state-court judge ratified the settlements. The ruling is a victory for victims of the practices, and… Full Story Here Law Professor December 13, 2018 2:29 pm Support Us

Can President Trump be Criminally Charged? And Should He Be?

In the wake of the government’s release of sentencing memos for Michael Cohen–and their fingering of President Trump for unlawful acts during the campaign–there’s renewed interest in whether a president can be criminally charged. We posted previously on this and… Full Story Here Law Professor December 12, 2018 2:29 pm Support Us

Court Tosses San Francisco’s Challenge to Trump Walk-Back of Regulatory Guidance

Judge Jon S. Tigar (N.D. Cal.) ruled that San Francisco lacked standing to challenge the Trump Administration’s rescission of administrative guidance documents related to various federal civil rights and immigration statutes. The ruling is a victory for the Trump Administration… Full Story Here Law Professor December 12, 2018 2:29 pm Support Us