The Legal Battle For Same-Sex Marriage Is Headed To The Supreme Court

Assuming it accepts the appeal, Utah is giving the Supreme Court its high profile case for the October 2015 Term.

Implementation Of Europe’s ‘Right To Be Forgotten’ About As Absurd As You’d Expect

Judging by the early results, the so-called “Right To Be Forgotten” recently created by Europe’s highest court is creating more problems than it will solve.

Prosecutors Want To Create Child Pornography To Help Prosecute A Child Pornography Case

The law’s insane over-reaction to teen “sexting” has gotten even more insane in one Virginia County.

Citizens United And Hobby Lobby Are About Individual Rights, Not ‘Corporate Rights’

Much of the criticism of Hobby Lobby, and Citizens United before it, is based on a fundamental misunderstanding of what those decisions stand for.

Liberals Still Think They Can Guilt Trip Ruth Bader Ginsburg Into Retirement

Some people on the left are still trying to convince Ruth Bader Ginsburg that she needs to just step out on the ice floe already.

Louisiana May Jail A Catholic Priest For Refusing To Break The Seal Of Confession

A case out of Louisiana raises serious First Amendment issues.

Lawyers For Gitmo Detainees Using Hobby Lobby To Argue For Expanded Religious Freedoms

Political irony, perhaps, but probably less than meets the eye.

The Supreme Court’s Most Important Decision Wasn’t Hobby Lobby

Hobby Lobby Is an important decision, but it’s one that the Supreme Court handed down a week earlier that will have the widest impact.

What Happens To Your Online Persona When You Die?

Another area where the law has not caught up with technology.

Ingraham’s Immigration Policy Prescriptions

Discussions about immigration policy are, unfortunately, very much like Groundhog Day.

SCOTUS Will Find It Hard To Avoid Ruling On Marriage Equality In The Next Term

The Supreme Court’s next term doesn’t start for three months, but it’s becoming clear that the Justices will have to deal with marriage equality when it does.

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Is The Law That Saved Hobby Lobby Unconstitutional?

Is the Religious Freedom Restoration Act itself an unconstitutional Establishment of Religion barred by the First Amendment? There’s a compelling argument that it is.

Explaining ‘Stand Your Ground’ Laws

There’s been far too much hysteria and hyperbole when it comes to ‘Stand Your Ground’ laws.

Court Rules Defendant Must Reveal Computer’s Encryption Password

Another area where the law has yet to catch up to technology.

Supreme Court Rules Some Employees Can Opt Out Of Public Employee Unions

The Supreme Court has limited the ability of public employee unions to force people to join their ranks.

Supreme Court: Some Employers Can Refuse To Cover Contraceptives For Religious Reasons

Hobby Lobby wins, but it’s unclear just how far this opinion will go.

Federal Court Strikes Down D.C. Law Requiring Tour Guides To Be Licensed

A Federal Appeals Court has struck down a D.C. law requiring tour guides to get a license and pass a test.

Abu Khattala Will Be Tried In A Criminal Court, As He Should Be

The justice system works, there’s no need to scrap it.

Previewing Tomorrow’s Hobby Lobby Decision

The Supreme Court has saved the biggest case of the term for its last day.

Special Prosecutor: Scott Walker Not A Target Of Investigation

It turns out there was much less to that Scott Walker document dump than the press coverage claimed.

Sarajevo and Europe, 100 Years Later

A century later, the shots fired in Sarajevo 100 years ago still echo.

Unanimous SCOTUS Decisions Do Not Mean The Losing Side’s Arguments Were ‘Extreme’

We’ve seen a notable number of 9-0 Supreme Court decisions this term, but that doesn’t mean that the side that lost was making an extreme or meritless argument.

Viewing the Sinclair Sexual Assault Case Dispassionately

My latest for The Hill, co-authored with Butch Bracknell: “Explaining the Sinclair demotion.”

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Supreme Court Strikes Down Abortion Clinic Buffer Zones

Another solid victory for the First Amendment from the Roberts Court.

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Supreme Court Restricts President’s Recess Appointment Power

The Supreme Court rules that Recess Appointments can only be made when there’s actually a Congressional recess.

New York’s Highest Court Kills Mike Bloomberg’s Soda Ban

Mike Bloomberg’s absurd soda ban is, thankfully, dead.

10th Circuit Court Of Appeals Strikes Down Utah’s Same-Sex Marriage Ban

A big step forward for the challenge to state-based bans on same-sex marriage.

Speaker Boehner To File Lawsuit Against Obama Over Executive Actions

A clash over Separation Of Power and the Imperial Presidency, coming soon to a Federal District Court in Washington, D.C.

Aereo Loses Big As Supreme Court Upholds Intellectual Property Protections

New technology doesn’t mean that the laws don’t apply.

Supreme Court Finds Broad Right To Privacy In Contents Of Smartphones

A unanimous Supreme Court rules that the Fourth Amendment bars police from searching your electronic device without a warrant.

Federal Judge Rules No-Fly List Unconstitutional

The right to fly can’t be denied on mere whim.

Federal Court Rules Unvaccinated Children Can Be Barred From Public Schools

A New York Federal Judge has ruled that unvaccinated children can be forced to stay home during outbreaks.

The Supreme Court Is The Most Agreeable Place In Washington

Even the most ideologically divided members of the Supreme Court agree with each other 65% of the time.

Guardians Of “Traditional” Media Once Again Bar SCOTUSBlog From Getting Press Credentials

A committee of journalists who work in the “traditional” media has once again denied press credentials to SCOTUSBlog.

The Redskins Trademark Decision Is Legally Dubious, And Troubling

However you feel about the Redskins name, the decision to retroactively repeal their trademarks is troubling on many levels.

Conservatives Attack Hillary Clinton For Being A Criminal Defense Attorney 40 Years Ago

Once again, Republicans are attacking someone for doing a job the Bill of Rights itself makes necessary and important.

Jeffrey Sinclair Busted From Brigadier General to Lieutenant Colonel [UPDATED]

The Army is sending a strong message on sexual assault. It picked the wrong poster boy.

Mike Huckabee Invokes Martin Luther King Jr. To Argue Against Marriage Equality

Once again, conservatives demonstrate how little they understand minority voters.

New York City To Settle Wrongful Conviction Case For $40 Million

Justice delayed, but justice nonetheless.

Supreme Court: Public Workers Protected From Retaliation When Testifying Truthfully

The First Amendment protects government employees who testify truthfully.

Vast Majority Of Americans Support ‘Right To Die’

A new Gallup poll finds widespread support for individual choice when it comes to end of life decisions.

Where’s The Line Between Protected Online Speech And Criminal Threats?

Next term, the Supreme Court will try to decide when online speech crosses the line and becomes a criminal threat.