Balkin Explains the Psychological Appeal of Originalism

I've been having an exchange with Andrew Torrez of the Opening Arguments podcast about originalism and it has prompted me to go back and reread some things, including parts of Jack Balkin's book Living Originalism, an alternative version that I find very compelling. … [Read more...]

Trump Goes After Teenager for Joke Website

The endlessly litigious Donald Trump has sicced his lawyers on a 17 year old girl who put up a joke website to test her coding skills that had kittens batting around an image of Trump's face. They sent her a letter demanding that it be taken down. … [Read more...]

‘Teach the Controversy,’ Now With 250% More Lawsuits!

A Republican legislator in Florida has proposed a bill that would allow anyone -- parents, teachers or just some random person from anywhere -- sue a school district for teaching actual science in science classrooms. Genius! … [Read more...]

Trump Invokes State Secrets Privilege Too

We've found one point on which the Bush, Obama and Trump administrations all agree. They all agree that no victim of illegal surveillance or torture should ever get a shot at justice in a court of law because they'll use the State Secrets Privilege to get the case dismissed. … [Read more...]

Another Klayman Lawsuit to Be Summarily Dismissed

It's a day ending in Y, so that means Larry Klayman, the dumbest lawyer in America not named Mat Staver, filed yet another ridiculous lawsuit against all of the people he considers his political enemies. As usual, it will take milliseconds for the court to dismiss it. … [Read more...]

‘Sovereign Citizen’ About to Find Out How Wrong He Is

A man accused of killing his girlfriend and a police officer is trying to use all that "sovereign citizen" nonsense in court to get out of it. He doesn't have a snowball's chance in hell of succeeding, of course, and the judge pretty much laughed him off. … [Read more...]

A Really Dumb Attempt to Dethrone Trump

A small group of liberals who want Donald Trump removed from office -- as we all do -- have filed a patently ridiculous emergency petition with the Supreme Court to do exactly that. Their claim is that the Russian hacking constituted an "invasion" and the election should be nullified. … [Read more...]

No, Public Facilities Cannot Refuse to Allow Use by Religious Groups

Here's another case where a government facility that offers its property for use by community groups doesn't get that they can't then say "but no religious groups." This issue was settled, unanimously, by the Supreme Court nearly three decades ago. And this case is here in Michigan. … [Read more...]

Gorsuch Condemns Trump’s Attacks on Judiciary

Donald Trump's attacks on judges, going all the way back to his racist diatribes against Judge Curiel, have been quite appalling. He has undermined the legitimacy of the entire judiciary. His Supreme Court nominee, Neil Gorsuch, calls those comments demoralizing. … [Read more...]

Important Suit Filed Against Louisiana’s Indigent Defense System

A major class action suit has been filed by a coalition of civil rights organizations against the state of Louisiana for failure to provide adequate legal representation to poor people accused of crimes. Almost 90% of those arrested in that state require a public defender. … [Read more...]

Melania Trump Admits to Trying to Profit from Being First Lady

Melania Trump has filed another defamation suit against the Daily Mail, a vile tabloid that deserves to be sued. And frankly, I hope she wins. But one of the grounds for the suit is that they prevented her from profiting from being first lady. … [Read more...]

Klayman Sues Obama Because a Muslim Protester Yelled at Him

Larry Klayman, the dumbest lawyer in America not named Mat Staver, may be ridiculous but at least he's consistently ridiculous. His latest lawsuit is against Barack Obama for allegedly telling a protester at an airport to come and yell at him. No, I'm not making that up. … [Read more...]