Litigation
Texas case asks SCOTUS if police can jail journalists for reporting
Priscilla Villarreal was not arrested for "merely asking questions," Texas Attorney General Ken Paxton insists in a brief urging the Supreme Court to reject the Laredo news vlogger's petition for review of her…
The DOJ says it will challenge unconstitutional gun policies. Maybe it should stop defending them.
The Justice Department recently established a "Second Amendment Section" within its Civil Rights Division. On its face, that move is a welcome development for defenders of the constitutional right to armed…
A Second Round with William Barr on Litigation Over Interstate Pollution
After I responded with a letter to the editor to William Barr's Wall Street Journal op-ed arguing that state-law-based tort suits against fossil fuel companies seeking redress for climate-related harms are preempted,…
Gun rights groups claim National Firearms Act registration no longer constitutional
Testifying in favor of the National Firearms Act (NFA) in 1934, Attorney General Homer S. Cummings noted that the federal government "of course" had "no inherent police powers to go into certain localities and…
SCOTUS asked to reconsider federal ban on gun ownership by nonviolent felons
On a Friday night in March 2020, Steven Duarte was riding in the back seat of a car that ran a stop sign in Inglewood, California. After two police officers responded by activating their patrol lights, Duarte opened a window…
Judge dismisses suit alleging fraud over Iowa newspaper’s Trump-Harris poll
Last January, Dennis Donnelly, a longtime Des Moines Register subscriber, sued the newspaper and pollster Ann Selzer, alleging that they had committed multiple torts by conducting and publicizing a poll suggesting that the…
New Jersey cops took his guns because they were worried about his wife’s mental health
Last April, Elsid Aliaj's pregnant wife sought treatment for prenatal nausea at a medical clinic in Englewood, New Jersey. During the visit, she said something that made a health care provider worry that she was apt to…
William Barr Discovers the Economics of Tort Law (and Misrepresents the Law Governing Interstate Pollution)
Last week, former Attorney General William P. Barr wrote an op-ed for the Wall Street Journal purporting to expose a nefarious effort to impose a carbon tax through tort litigation. His op-ed is part of a broad effort to…
Federal court upholds Michigan school’s ban on ‘Let’s Go Brandon’ sweatshirts
By contemporary political standards, the phrase "Let's Go Brandon," a mocking reference to former President Joe Biden, is pretty mild. But officials at Tri County Middle School in Howard City, Michigan, deemed…
Texas city council approves $500,000 payment to Sylvia Gonzales over arrest
Sylvia Gonzalez, a former Texas city council member who said her political opponents punished her activism by orchestrating her arrest on a bogus criminal charge, has agreed to settle the resulting federal civil rights…
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