constitutional law

The claim that a large increase in the number of migrants gaining entry at the southern border is an “invasion” is constitutional nonsense.

Congress can impose consequences for presidents abusing the pardon power by increasing oversight and imposing transparency requirements.

The Supreme Court’s decision in the social media cases will shape the kinds of arguments that labs can make against AI regulations.

House Republicans are embracing a world where every presidency and every congress is consumed by impeachment.

Part II of a series discussing the digital-privacy paradox emerging from a Fourth Amendment revolution in Carpenter v. United States.

The third-party paradox has massive implications for privacy rights and raises important questions about how to challenge the government’s request for information that might…

Part I of a series discussing the digital-privacy paradox emerging from a Fourth Amendment revolution in Carpenter v. United States.

The Biden administration should finally acknowledge that progress on racial equity is legally – not just morally – required, and then it should creatively leverage its power…

Despite some positive developments, it is likely that ongoing and future civil-rights litigation will be contoured to satisfy, not an audience of nine, but a Chief Justice whose…

The interactions at the heart of Missouri v. Biden implicate many speech interests: those of the platforms, independent entities researching misinformation, the government, and…

To unpack the initial decision in Missouri v. Biden, and what it means for the First Amendment, we have Knight Institute Fellow Mayze Teitler.

Invoking the First Amendment, a single district court judge effectively issued a prior restraint on large swaths of speech, cutting short an essential dialogue between the government…