News
Posts Such As "Every Ice Gestapo Needs Too Be Shot" May Be Constitutionally Unprotected True Threats
3+ hour ago (404+ words) Eugene Volokh | 4.6.2026 8:01 AM From last week's decision in U.S. v. Murfin by Judge Gregory Frizzell (N.D. Okla.): At various times from July to October, 2025, Mr. Murfin allegedly posted the following five statements on the social media platform, "X" (formerly known as Twitter) under…...
Open Thread
1+ day, 8+ hour ago (57+ words) Eugene Volokh | 4.5.2026 3:00 AM NEXT: Birthright Citizenship as a Second-Best Policy Fiona Harrigan | From the May 2026 issue Charles Oliver | 4.6.2026 4:00 AM Damon Root | From the May 2026 issue C. Jarrett Dieterle | 4.4.2026 7:00 AM Gene Healy | From the May 2026 issue...
Today in Supreme Court History: April 6, 1938
4+ hour, 2+ min ago (58+ words) Josh Blackman | 4.6.2026 7:00 AM 4/6/1938: United States v. Carolene Products argued. Fiona Harrigan | From the May 2026 issue Charles Oliver | 4.6.2026 4:00 AM Damon Root | From the May 2026 issue C. Jarrett Dieterle | 4.4.2026 7:00 AM Gene Healy | From the May 2026 issue...
Today in Supreme Court History: April 5, 1982
1+ day, 4+ hour ago (56+ words) Josh Blackman | 4.5.2026 7:00 AM 4/5/1982: Justice Abe Fortas dies. Fiona Harrigan | From the May 2026 issue Charles Oliver | 4.6.2026 4:00 AM Damon Root | From the May 2026 issue C. Jarrett Dieterle | 4.4.2026 7:00 AM Gene Healy | From the May 2026 issue...
Brickbat: Must Report
7+ hour, 2+ min ago (54+ words) NEXT: Nationwide Injunctions, a Crucial Check on Presidential Power, Are Not Dead Yet Fiona Harrigan | From the May 2026 issue Charles Oliver | 4.6.2026 4:00 AM Damon Root | From the May 2026 issue C. Jarrett Dieterle | 4.4.2026 7:00 AM Gene Healy | From the May 2026 issue...
As the death toll rises in Trump's immigration crackdown, support for ICE shrinks
5+ hour, 2+ min ago (179+ words) The first year of President Donald Trump's mass deportation effort has been filled with rights violations. Unsurprisingly, that militant approach has had deadly consequences. America's immigration enforcement apparatus is dangerous in part because of the ways it flouts legal checks…...
Nationwide injunctions, a crucial check on presidential power, are not dead yet
1+ day, 5+ hour ago (733+ words) You may have heard that the U.S. Supreme Court killed off the practice of nationwide injunctions, the practice where a federal judge stops a federal policy from going into effect everywhere in the country while a single lawsuit challenging that policy…...
Birth-Right Citizenship as a Second-Best Policy
2+ day, 32+ min ago (166+ words) I oppose Trump's efforts to deny birthright citizenship chiildren of undocumented immigrants. But birthright citizenship is not the ideal policy. Ilya Somin | 4.4.2026 10:30 AM But while birthright citizenship is better than the likely alternative at this point in history, I do…...
Today in Supreme Court History: April 4, 1861
2+ day, 4+ hour ago (56+ words) Josh Blackman | 4.4.2026 7:00 AM 4/4/1861: Justice John McLean dies. C. Jarrett Dieterle | 4.4.2026 7:00 AM Gene Healy | From the May 2026 issue Reem Ibrahim | 4.3.2026 5:02 PM Eric Boehm | 4.3.2026 2:35 PM Joe Lancaster | 4.3.2026 1:45 PM...
The Labor Department just freed contractors—again. Congress still needs to act.
2+ day, 4+ hour ago (298+ words) The new'rule concentrates on two key factors when it comes to determining whether a worker can be classified as an independent contractor under the Federal Labor Standards Act: first, the nature and degree of control over the work, and second,…...