Volokh Conspiracy
Legal analysis and commentary blog covering constitutional law, free speech, and legal policy.
Articles from Volokh Conspiracy
Seventh Circuit Restores Gun Rights for Those with Past Mental Commitments
The Seventh Circuit ruled that individuals previously committed to mental institutions may regain Second Amendment rights, reshaping gun law enforcement.
Third Circuit Revives Huckabee's False Ad Lawsuit Against Meta
The Third Circuit reinstates Mike Huckabee’s false advertising suit versus Meta over CBD endorsement ads, signaling heightened scrutiny of big tech's ad practices.
SCOTUS Upholds Birthright Citizenship in 6-3 Trump v. Barbara Ruling
Supreme Court affirms Fourteenth Amendment guarantees birthright citizenship despite political challenges, impacting immigration law and policy.
Judge Grants Summary Judgment to Dismiss Trump Media Group Defamation Suit
A federal judge dismissed Trump Media Group's defamation suit against the Washington Post via summary judgment, underscoring high actual malice standards for public figures.
Courts Uphold Federal Power to Hold Local Governments Liable Under ESA
Recent court rulings affirm federal authority to hold local governments liable under the Endangered Species Act, impacting environmental compliance and federalism debates.
States Enact New Death Penalty Laws Challenging Kennedy v. Louisiana
Florida, Alabama, and Mississippi enact death penalty laws for child rape, prompting Supreme Court precedent debate from 2008 Kennedy case.
Judge Stops DOT From Freezing $16B Hudson Tunnel Funds Over DEI Review
A federal judge blocks DOT’s attempt to halt $16 billion Hudson Tunnel funding over DEI compliance, impacting key legal and infrastructure stakeholders.
Supreme Court Will Hear Case on Parental Rights in Minors' Gender-Affirming Care
The Supreme Court granted review of International Partners for Ethical Care v. Ferguson, challenging Washington's rules on parental notice for minors' gender-affirming treatment.
Ninth Circuit Revives Religious Discrimination Suit Against Alaska Airlines Union
Ninth Circuit allows Christian flight attendants' religious discrimination claims against Alaska Airlines and its union to proceed to trial.
Supreme Court Strikes Down Hawaii’s Restrictive Gun Carry Law
The Supreme Court invalidated Hawaii’s 2023 law requiring permission to carry guns on private property open to the public, expanding Second Amendment rights.
D.C. Circuit Upholds Trump’s Expedited Removal Policy Expansion
D.C. Circuit court upholds Trump-era expedited removal policy nationwide, preserving fast-track deportations without judicial hearings.
Judge Blocks Trump-Era Subpoenas for Minnesota Immigration Records
A federal judge quashes subpoenas targeting Minnesota Democrats' immigration records, impacting government investigations and data privacy.
Court: No Right to Video Record Inside Tax Collector's Office
Eleventh Circuit rules against constitutional right to video record inside tax offices, clarifying public recording limits in government spaces.
Ninth Circuit Rules on Gun Registration for Canadian-Born American Indians
The Ninth Circuit ruled on firearm registration and immigration status for Canadian-born American Indians under the Jay Treaty, impacting legal compliance.
Chief Judge Pryor Issues Private Reprimand in Judge Ross Misconduct Case
Chief Judge William Pryor privately reprimands Judge Eleanor Ross following misconduct findings; Georgia congressmen push for impeachment amid transparency concerns.
Supreme Court Unanimously Rules Marijuana Users Can Own Guns
The Supreme Court ruled 9-0 that federal law cannot bar marijuana users from owning firearms, impacting constitutional and drug policies in the U.S.
Washington Supreme Court Bars Cultural Defense in Lawyer Misconduct Case
Washington Supreme Court affirms disbarment of Ethiopian-born lawyer, ruling cultural background can't mitigate dishonesty misconduct.
Munich Court Injuncts Google Over Defamatory AI-Generated Summaries
Munich court holds Google liable for defamatory AI summaries, clarifying legal risks for AI-generated content in Europe.
Federal Circuit Blocks Enforcement of Ruling Against Trump’s Section 122 Tariffs
Federal Circuit halts enforcement of ruling invalidating Trump-era Section 122 tariffs, maintaining import restrictions during ongoing appeals.
Emory Scholar: Federal Judges’ Life Tenure Depends on Good Behavior
Emory Law professor explains that federal judges hold office during good behavior, underpinning accountability amid Georgia judge misconduct case.