Law & Court Cases
Major trials, Supreme Court decisions, European judgments, privacy law and legal analysis.
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This reading list brings together items from the sources selected for Law & Court Cases. Open each item at its original source for the complete article, episode or video. This is a selection of current coverage, not a complete archive.
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California Law Generally Requiring Federal Law Enforcement Officers to Display ID Violates Supremacy Clause
The Ninth Circuit so held yesterday, reaffirming what it had said on a preliminary basis (in deciding on an injunction pending appeal) in April.
Judge Refuses to Recuse in Case Involving Alleged Misconduct by Philly DA’s Office
Judge Diamond says Philadelphia District Attorney Larry Krasner's filing is "frivolous" and generates "more heat than light."
No Pseudonymity for Apparent Hazer Suing University for Supposedly Improper Actions Against Her
From Doe v. Sacred Heart Univ., Inc., decided last week by Bridgeport (Conn.) Superior Court Judge Robert Golger: The plaintiff,
Today in Supreme Court History: October 15, 1883
10/15/1883: The Civil Rights Cases are decided.
How Should Flock Cameras Be Regulated Under the Fourth Amendment?
I gave a lecture at Stanford Law School last week on a Fourth Amendment topic that has drawn recent attention: How Should Flock Cameras Be Regulated Under the Fourth Amendment? The video has now been posted, and you can watch the 35-minute lecture, plus 10 minutes of Q&A, starting at the 7:30 mark in the video below.
Open Thread
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Fusionism and its Limits
NA Recent political developments have rekindled longstanding debates over “fusionism,” the combination of libertarianism and conservative traditionalism that dominated the
Kansas Ban on Private Parties’ Partially Prefilling Voters’ Mail Ballot Applications Upheld
A short excerpt from today’s longish Tenth Circuit opinion in VoteAmerica v. Schwab, by Judge Timothy Tymkovich, joined by Judges
Florida “Addictive Features” Social Media Restrictions on Minors Likely Constitutional, Eleventh Circuit Holds
Some short excerpts from the long opinion in Computer & Comm. Indus. Ass’n v. Uthmeier, decided today by Judge Kevin
Lawsuit Alleging Bank Played Role in Facilitating "Jeffrey Epstein's … Sex-Trafficking Operation" Can Go Forward
From Molchonova v. FirstBank Puerto Rico & First Bancorp, decided today by Judge Jed Rakoff (S.D.N.Y.): On September 25, 2026,
Second Amendment Rights Forfeited by Past Terroristic Threats Conviction
Some excerpts from the long Third Circuit en banc opinion yesterday by Judge Stephanos Bibas in U.S. v. Bost (for
America: Democracy or Republic?
I’m interviewed about this roughly at about 3:15 to 6:30 of this episode of PBS’s Civics Made Easy series. Unfortunately,
Second Amendment Rights Not Forfeited by Past Drunk Driving Conviction
From yesterday’s Third Circuit en banc opinion in Williams v. Attorney General, written by Judge Paul Matey (and citing, among
New on SCOTUSBlog: “Witnessing a reorientation of the First and Second Amendments on the Roberts court”
SCOTUSBlog has published the latest essay from me and Randy Barnett on the recent changes in constitutional law. This entry focuses on the Religion Clauses and the Second Amendment. It begins:
TV Station News Managers Fired for Allegedly Anti-Gay Memo Win >$4M from Nexstar Media
The verdict came Friday; here’s the backstory, from a decision in March in Fox v. Nexstar Media Group, Inc. by
“Fortunately for Society, Plaintiff’s Framework for Retrospectively Punishing News Outlets Is Not the Law”
From Tate v. Fox News Network, LLC, decided yesterday by Judge Gregory Presnell (M.D. Fla.): Plaintiff has been a licensed
Today in Supreme Court History: October 14, 1911
10/14/1911: Justice John Marshall Harlan I dies.
Open Thread
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Court Issues Preliminary Injunction Requiring CNN, MS NOW, and Politico to Be Readmitted to White House
"[T]he Court is 'not required to exhibit a naiveté from which ordinary citizens are free.'"
No Immunity for Judge Who Locked Children in Holding Cells in Custody Case
From Rockett v. Eighmy, decided today by Eighth Circuit Judge David Stras, joined by Judges Bobby Shepherd and Jane Kelly:
Submit Your Articles to the Journal of Free Speech Law, Before You Circulate Them to the Law Reviews
Our peer-reviewed Journal of Free Speech Law, which is now five years old, has published over 150 articles, including by Jack Balkin (Yale), Mark Lemley (Stanford), Jane Ginsburg (Columbia), Philip Hamburger (Columbia), Christopher Yoo (Penn), Stuart Benjamin (Duke), Andrew Koppelman (Northwestern), and many others—both prominent figures in the field and emerging young scholars, including ones who didn't have a tenure-track academic appointment.
Interesting Criminal Case on Proving Intent to Cause Fear, Stemming from Confrontation at Protest
From State v. Elavsky, decided yesterday by Minnesota Court of Appeals Judge Kevin Ross, joined by Judge Elise Larson: Neil
Claiming Video Was “Deepfake” Not Enough to Require Excluding It, Even Absent Evidence of Who Recorded It
"Apart from trying to cash in on the so-called 'liar's dividend,' Amyda's counsel had little to work with."
New Essay: “The Establishment Clause At The Second Founding”
"The relevant time frame to understand the Establishment Clause for state cases is 1868, and not 1791."
May an Employer Fire a White Woman for Wearing Hair in Cornrows?
The Baltimore Rock Opera Society fired its recently hired executive director, allegedly because she was wearing her hair in cornrows
Someone Trying to Vanish Articles About Forged U.K. Court Order Aimed at Vanishing Article About Businessman Mason Soiza
I wrote in 2018 about a forged U.K. court order, quoting a Times (London) article (Billy Kenber): Last week two fake documents were sent to Google in an attempt to censor a Times article revealing concerns about an online pharmacy run by an alleged internet spammer. The documents, including an order which purported to be from the UK Supreme Court, were sent to the tech giant in an attempt to get the article removed from its search result.
Today in Supreme Court History: October 13, 1890
10/13/1890: Justice Samuel Miller dies.
Congratulations to the Hoover Institution’s Robert E. Hall, on His Economics Nobel Prize
From Hoover’s post today: Robert E. Hall, the Robert and Carole McNeil Endowed Professor in Economics and Senior Fellow at
The Forgotten Origins of Columbus Day
Contemporary controversy over Columbus Day tends to focus on Christopher Columbus himself, and in particular on the treatment of Native Americans that followed European colonization. Somewhat lost in the controversy is why Columbus Day became an important American holiday in the first place: in significant part, it was a response to the severe discrimination faced by Italian immigrants.
Today in Supreme Court History: October 12, 1977
10/12/1977: Regents of the University of California v. Bakke argued.
Open Thread
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Fusionism in the Twenty-First Century
Stephanie Slade's new book, Fusionism: Liberty, Virtue, and the Future of the American Right, makes the case that the political philosophy that defined much of the post-War American Right should continue to guide the American conservative movement in the twenty-first century. As my recent essay on postliberalism suggests, I largely agree with Slade. Fusionism is a better path for American conservatism than postliberalism or populist nationalism.
Sixth Circuit Affirms Universal Injunction Against Tennessee “Abortion Trafficking” Law that Does Not Reach Plaintiffs Conduct
This is a case in which Judge Sutton may agree that the decision is not merely wrong, but also en-banc-worthy.
Today in Supreme Court History: October 11, 1972
10/11/1972: Roe v. Wade argued.
Open Thread
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