Texas
Homeschooling Grows as an Escape from Failing Schools and Curriculum Fights
Turned off by fumbling public schools and curriculum wars, families teach their own kids.
En Banc Fifth Circuit Rules for Texas in Water Buoy Case, but Doesn't Resolve Issue of Whether Illegal Migration Qualifies as "Invasion"
The invasion argument is still being litigated in another case.
Texas Prisoners Are Being 'Cooked Alive' by High Temperatures, Investigation Says
Last year, one prison's temperatures stayed above 100 degrees for 11 days.
Constitutional Theory and the Meaning of "Invasion"
Leading constitutional law scholars Larry Solum and Mark Tushnet opine on how we might answer this question.
Utah Joins Growing Number of States Ignoring Biden Admin's New Title IX Rule
The Biden administration says its new Title IX interpretation is a legitimate reading of the statute, but opponents characterize it as arbitrary and capricious.
A Law Professor's Beef With a First Amendment 'Spinning Out of Control': Too Much Speech of the Wrong Sort
Even as he praises judicial decisions that made room for "dissenters" and protected "robust political debate," Tim Wu pushes sweeping rationales for censorship.
He Faced a Terrorism Probe, Went to Jail on a Gun Charge, and Now Is Charged With Drug Possession
Although the FBI never produced evidence that Ali Hemani was a threat to national security, it seems determined to imprison him by any means necessary.
Texas Voters Punish Lawmakers Who Oppose School Choice
Of the 21 Texas House Republicans who joined Democrats to kill school choice during the special sessions, only seven survived their primaries.
RealPage Conspiracy Theories
The media, state attorneys general, and the Biden administration are blaming rent-recommendation software for rising rents. Normal stories of supply and demand are the more reasonable explanation.
Reason Wins 7 Southern California Journalism Awards
First-place finishes include an investigative piece on egregious misconduct in federal prison, a documentary on homelessness, best magazine columnist, and more.
SCOTUS Makes It Easier for Victims of Retaliatory Arrests To Vindicate Their First Amendment Rights
The justices ruled that "objective evidence" of retaliation does not require "very specific comparator evidence."
Juneteenth Is a Celebration of Freedom
The holiday represents a page-turning from one of the most shameful chapters in American history.
A Federal Judge Rejects the Lame Excuses of Texas Cops Who Kidnapped a Supposedly 'Abandoned' Teenager
The decision clears the way for a jury to consider Megan and Adam McMurry's constitutional claims against the officers who snatched their daughter.
Will This Bill Save or Scuttle California's Builder's Remedy?
Plus: Sen. John Fetterman introduces a new zoning reform bill, U.C. Berkeley finally beats the NIMBYs in court, and Austin's unwise "equity overlay."
Texas Public Library Can't Remove Books About 'Butts and Farts,' Federal Judge Says
The court ruled that it is unconstitutional for officials to remove library books with the "intent to deprive patrons of access to ideas with which they disagree."
Photo: Cops Crack Down on Campus Protests
The University of Texas is just one campus that has seen police arrest pro-Palestine demonstrators.
These Strange Bedfellows Want SCOTUS To Remind the 5th Circuit That Journalism Is Not a Crime
An ideologically diverse mix of individuals and organizations supports a Texas journalist who was arrested for asking questions.
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.
3 People Died of Thirst in a Texas County Jail in Under 2 Years
All three inmates were mentally ill and became dehydrated despite ready access to water.
Tacos, Sandwiches, and Zoning
Plus: Austin shrinks its minimum lot sizes, Florida builds on past zoning reforms, and Arizona passes ADU and missing middle bills.
Daniel Perry's Pardon Makes a Mockery of Self-Defense
Texas Gov. Greg Abbott takes a tactic from the progressive prosecutors he says he opposes.
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.
Zoning Regulations Empower Control Freaks—and Bigots
The Institute for Justice has launched a project to reform land use regulation.
Supreme Court Won't Stop Texas Porn Law From Taking Effect
"We will continue to fight for the right to access the internet without intrusive government oversight," says the group challenging the law.
Journalism Is Not a Crime, Even When It Offends the Government
Julian Assange and Priscilla Villarreal were both arrested for publishing information that government officials wanted to conceal.
Ohio Pastor Criminally Charged for Letting People Sleep In Church. Again.
Plus: California's landmark law ending single-family-only zoning is struck down, Austin, Texas, moves forward with minimum lot size reform, and the pro-natalist case for pedestrian infrastructure.
Federal Court Again Rejects Texas' Claim that Illegal Migration Qualifies as "Invasion"
The ruling builds on the same court's two prior decisions to the same effect.
A Texas Reporter Busted for Asking Questions Asks SCOTUS To Reject the Criminalization of Journalism
Priscilla Villarreal is appealing a 5th Circuit decision that dismissed her First Amendment lawsuit against Laredo police and prosecutors.
Texas Public Colleges Crack Down on Peaceful Anti-Israel Protests
In March, Gov. Greg Abbott signed an executive order demanding that colleges crack down on antisemitic speech.
These States Want You To Show ID To Watch Porn Online
At least eight states have already enacted age-verification laws, and several more are considering bills.
Laws Requiring Social Media Firms to Host Content they Prefer to Exclude Violate the Takings Clause
Ethan Blevins of the Pacific Legal Foundation explains why. I myself have made similar arguments.
Adult Entertainment Group Asks Supreme Court To Block Texas Age-Verification Law
"Profound irreparable harm flows from the Act's chilling of adults' access to protected sexual expression," the filing reads.
Video of Federalist Society Executive Branch Review Conference Panel on "Law and Order on the Border"
I participated, along with former Arizona Attorney General Mark Brnovich, and former DHS official Sohan Dasgupta.
Department of Transportation Lacks the Authority to Require States to Set Greenhouse Gas Reduction Targets for Highways
A district court concludes that the Department of Transportation lacks the authority to force states to try and reduce greenhouse gas emissions associated with highway use.
Meet 'Literally Anybody Else,' the Presidential Candidate That 2024 Demands
The 35-year-old Texan formerly known as Dustin Ebey voted for Gary Johnson in 2016 and says the national debt is America's biggest problem.
Why Palantir Cofounder Joe Lonsdale Left California for Texas
The entrepreneur, who founded the Cicero Institute to fix government and the University of Austin to fix higher education, wanted space to flourish.
Texas Takes Intellectually Disabled Inmate Off Death Row
Randall Mays, who has an IQ of 63, was resentenced to life without parole.
Christopher Yoo on Regulating Social Media Platforms as "Common Carriers"
The Univ. of Pennsylvania legal scholar makes the most thorough critique yet of this approach to justifying regulations that bar social media firms from engaging in most types of content moderation.
Judge Quashes Felony Murder Charges Against Former Houston Cop Whose Lies Led to a Deadly 2019 Drug Raid
Gerald Goines' lawyers argued that the indictment did not adequately specify the underlying felony of tampering with a government document.
Fifth Circuit Rules Against Texas SB 4 Immigration Law
In the process, the court also rejected Texas's argument that illegal migration and drug smuggling qualify as "invasion."
My New Lawfare Article on Why "Immigration is Not Invasion"
Texas is wrong to equate illegal migration and drug smuggling with invasion. If accepted by courts, the argument would set a dangerous precedent.
Amicus Brief in United States v. Abbott Explains Why Texas is Wrong to Equate Illegal Migration and Drug Smuggling With "Invasion"
The state's position is at odds with the text and original meaning of the Constitution and would set a dangerous precedent if accepted by federal courts.
Will the Supreme Court Let Sylvia Gonzalez Sue the Political Enemies Who Engineered Her Arrest?
"Mayors should not be allowed to launder animus through warrants," the former city council member's lawyer told the justices.
Texas SWAT Team Held Innocent Family at Gunpoint After Raiding the Wrong Home
The officers are avoiding accountability after getting qualified immunity.
