Fifth Amendment
L.A. man sued after police blew up his business. Courts say he gets nothing.
The Takings Clause of the 5th Amendment "was designed to bar Government from forcing some people alone to bear public burdens," the Supreme Court said in Armstrong v. United States, "which, in all fairness and…
Political fights over cash bail are back
The long national debate over cash bail reignited in summer 2025 after the White House issued an executive order in August threatening to pull federal funding from jurisdictions that allow cashless bail. The order channeled …
Covid Beach Closures, the Takings Clause, and the Police Power Exception
Falcon1708/Dreamstime.com Co-blogger Jonathan Adler recently posted about Alford v. Walton County, an important new 11th Circuit ruling holding that a local ordinance barring property owners from accessing their beachfront…
James Comey’s prosecutor made a rookie mistake. It could doom her case.
"Lindsey Halligan is a really good lawyer," President Donald Trump said when he publicly ordered Attorney General Pam Bondi to prosecute former FBI Director James Comey. That assessment seemed doubtful five days…
COVID Closure of Private Beach Access Constitutes Regulatory Taking
In April 2020, as the COVID outbreak was unfolding, Walton County, Florida, closed all beaches--public and private. Did this ordinance, as applied to private beaches, constitute a taking of private property under the Fifth…
Grand juries are declining to indict in many cases brought by Trump’s DOJ
In August 2025, President Donald Trump took control of the police force in Washington, D.C., and deployed the National Guard throughout the city. To justify the incursion, he said the district was experiencing a "crime…
Federal judge blasts ‘disgusting’ ICE facility conditions, orders basic humane treatment for detainees
A federal judge issued a temporary restraining order on Wednesday in response to an emergency class action lawsuit filed on behalf of individuals who have been held at the Broadview Immigration and Customs Enforcement (ICE)…
Indiana mom whose home was wrecked by police can’t sue, court rules
An Indiana woman whose home sustained severe damage during a police raid set in motion by a faulty investigation is not legally entitled to compensation, a federal court ruled this week, in yet another case that asked what…
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