America Criminalizes Too Much and Punishes Too Much
When those on parole or probation are included, one out of every 47 adults is under “some form of correctional supervision.”
Federal Courts
A Federal Judge Reluctantly Concludes That New Jersey's AR-15 Ban Is Unconstitutional
The decision shows that the Supreme Court has forced judges who like gun control to respect the Second Amendment anyway.
Biden's Supreme Court Reforms Are Unnecessary and Wrong
The Supreme Court is not as “extreme” or divided as it may seem.
Judge Tosses Former 'Disinformation' Chief's Defamation Suit, Says She Really Was a Censor
Nina Jankowicz finds out the truth may hurt, but it isn’t lawsuit bait.
Federal Appeals Court Upholds Mississippi's Jim Crow–Era Felon Voting Ban
"In short, 'cruel and unusual' is not the same as 'harmful and unfair,'" the court wrote.
Ruling in Favor of DIY Distillers Affirms Limits on Congressional Power
A federal judge rejected the government’s excuses for banning home production of liquor.
9th Circuit Rejects Qualified Immunity for Honolulu Cops Who Handcuffed 10-Year-Old Girl
Officers should have known that handcuffing a compliant 10-year-old is unnecessary, the court ruled.
Indian Students Who Enrolled in Fake University Run by ICE Can Sue the Government, Court Rules
A federal appeals court ruled that the government is not immune from a breach-of-contract lawsuit filed by foreign students duped into enrolling into a fake school run by ICE.
SCOTUS Will Decide Whether the FDA's 'Regulatory Switcheroos' on Vaping Were 'Arbitrary and Capricious'
The 5th Circuit ruled that the agency violated the Administrative Procedure Act when it rejected applications from manufacturers of flavored nicotine e-liquids.
Judges Block Indiana and Mississippi Age Verification Laws for Porn, Social Media
And the Supreme Court agrees to weigh in.
Sotomayor Is Right: The Supreme Court Should Reevaluate Absolute Immunity for Prosecutors
The doctrine makes it nearly impossible for victims of prosecutorial misconduct to get recourse.
Ketanji Brown Jackson Joins Conservative Justices in Upending Hundreds of January 6 Cases
Her concurrence is a reminder that the application of criminal law should not be infected by personal animus toward any given defendant.
Why Are Liberals Suddenly Denouncing the Right to a Jury Trial?
Justice Sonia Sotomayor called the Supreme Court ruling in SEC v. Jarkesy "a power grab." She's right, but in the wrong way.
The Supreme Court Isn't as Radical as You Think
There is a great deal of panic surrounding the "extreme" nature of the current Court. But that is often not based in reality.
The Supreme Court Again Strengthens the Right to a Jury Trial in Criminal Sentencing
Paul Erlinger was sentenced to 15 years in prison based largely on a determination made by a judge—not a jury.
The Supreme Court May Be on the Brink of Radically Restricting Bureaucrats' Power
Chevron deference, a doctrine created by the Court in 1984, gives federal agencies wide latitude in interpreting the meaning of various laws. But the justices may overturn that.
Illinois License Plate Cameras Are Violating People's Constitutional Rights, Says New Suit
The plaintiffs are challenging the state's widespread surveillance, which it collects through over 600 cameras.
The 'Bombshell' Secret Alito Recording Was Not a Bombshell
The justice's benign comments set off a lengthy news cycle and have been treated as a scandal by some in the media. Why?
D.C.'s Rules for Subway Ads Are Blocked in Federal Court
The transit authority was sued after rejecting an ad that directed viewers to go to a website "to find out about the faith of our founders."
The NRA's Unanimous Supreme Court Victory Is Good for Free Speech—No Matter How You Feel About Guns
The ACLU, another polarizing organization, was willing to defend the NRA in court. That should tell you that some things aren't partisan.
This Journalist Was Arrested, Strip-Searched, and Jailed for Filming Police. Will He Get Justice?
Justin Pulliam's arrest and lawsuit once again demand we ask if "real" journalists are entitled to a different set of rights.
'An Embarrassing Mistake': Neil Gorsuch Rails Into Florida's Use of 6-Person Juries
The Sixth Amendment was originally seen as vital to preserving liberty. Yet it has been consistently watered down.
A Cop's Corruption Allegedly Cost an Innocent Man 2 Years of His Life. Should She Get Qualified Immunity?
Judge Carlton Reeves ripped apart the legal doctrine in his latest decision on the matter.
Can This Woman Sue the Rogue Prosecutor Who Allegedly Helped Upend Her Life?
Prosecutor Ralph Petty was also employed as a law clerk—by the same judges he argued before.
A SWAT Team Blew Up This Innocent Couple's Home and Left Them With the Bill. Was That Constitutional?
Mollie and Michael Slaybaugh are reportedly out over $70,000. The government says it is immune.
This Student Was Allegedly Suspended for Saying 'Illegal Aliens.' Did That Violate the First Amendment?
Christian McGhee is suing, arguing a North Carolina assistant principal infringed on his free speech rights.
Trump Promises To Give Police 'Immunity From Prosecution'
The pledge, while mostly legally illiterate, offers a reminder of the former president's outlook on government accountability.
Illinois Won't Let Him Do His Job Filing Paperwork—Unless He Gets a Private Detective License
David Knott helps clients retrieve unclaimed property from the government. The state has made it considerably harder for him to do that.
Backpage: A Blueprint for Squelching Speech
How the Backpage prosecution helped create a playbook for suppressing online speech, debanking disfavored groups, and using "conspiracy" charges to imprison the government's targets
Judge Acquits Backpage Co-Founder Michael Lacey on Most Counts
The court found insufficient evidence to sustain 53 of 84 remaining counts against Lacey.
U.S. Sentencing Commission Restricts Federal Judges' Ability To Use Acquitted Conduct at Sentencing
The little-known but outrageous practice allowed judges to enhance defendants' sentences using conduct a jury acquitted them of.
Federal Appeals Court Says Texas Inmate's Decade-Long Lawsuit Over Sleep Deprivation Can Keep Going
Michael Garrett and other Texas inmates get less than four hours of sleep a night. He argues it's cruel and unusual punishment.
Abortion Fallout
Plus: Illegal homes in California, Erdogan's party does poorly in local elections, and more...
The Justice Department Quietly Ends Reprosecution of Man Who Received Clemency From Trump
Philip Esformes was sentenced for charges on which a jury hung. After receiving a commutation, the federal government vowed to try to put him back in prison.
Sarah Silverman's Lawsuit Against OpenAI Is Full of Nonsense Claims
And a federal judge just said so.
This Prosecutor Secretly Worked for the Judges Overseeing His Cases. Will His Victims Be Able To Sue?
Ralph Petty likely violated the Constitution. In a rare move, a federal court signaled this week that lawsuits against him may not be dead on arrival.
Federal Judge Temporarily Blocks Enforcement of Houston Ordinance Against Feeding the Homeless
The judge found that Food Not Bombs' activity was clearly expressive conduct under the First Amendment.
Disney Can't Prove DeSantis Retaliated Against It, Federal Judge Rules
Disney has vowed to appeal the ruling.
She Was Arrested for Her Journalism. A Federal Court Says She Can't Sue.
Priscilla Villarreal, also known as "Lagordiloca," has sparked a debate about free speech and who, exactly, is a journalist.
Feds Will Try Backpage Co-Founder Michael Lacey for a Third Time
It's a frightening reminder of how far the government will go to get their way—and to warn tech companies against platforming speech it doesn't like.
How To Get Away With Murder (According to Trump's Lawyers)
Step 1: Become president. That's the hardest part.
Federal Appeals Court Rules in Favor of Reform Prosecutor Removed from Office by Ron DeSantis
"The First Amendment prevents DeSantis from identifying a reform prosecutor and then suspending him to garner political benefit," U.S. Circuit Judge Jill Pryor wrote.
Bedlam in the Country
Plus: Migrant shelter stabbing, Hollywood doom, Cuban spies, and more...
9th Circuit Temporarily Restores the Right To Bear Arms As It Mulls California's New Gun-Free Zones
The state's law, which a federal judge enjoined last month, prohibits firearms in most public places.
A Bad Year for Drag Queen Foes
New anti-drag laws were deemed unconstitutional in every state where they were challenged this year.
Social Media Censorship and The First Amendment
Stanford's Jay Bhattacharya debates St. John University's Kate Klonick on the federal government's role in social media censorship.
Abortion-Funding/-Supporting Groups' Challenges to Texas Abortion Laws Can Proceed for Now
The district court just dismissed certain procedural objections to them, though it wasn't asked to consider the substantive arguments.
Sentencing Commission Again Proposes Restricting Judges' Use of Acquitted Conduct
Judges can sentence defendants for charges they were acquitted of by a jury, a practice that troubles criminal justice advocates, civil liberties groups, and several Supreme Court justices.
