Volokh Conspiracy
Legal analysis and commentary blog covering constitutional law, free speech, and legal policy.
Articles from Volokh Conspiracy
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.
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.
Ohio Appeals Court Rules Google Is Not a Common Carrier
Ohio's appellate court ruled Google is not a common carrier, shaping regulation of tech platforms and editorial discretion.
Judge Rules Truthful Reporting on Criminal Expungements Isn't Libel
A federal judge ruled that truthful articles about criminal charges and expungements do not constitute libel, clarifying media law and privacy rights.
Fifth Circuit Upholds Rahimi Standard for Gun Bans on Heroin Traffickers
The Fifth Circuit reaffirmed that heroin traffickers can be disarmed under the Rahimi dangerousness standard, impacting federal gun possession laws nationwide.
Judge Dismisses Lawsuit Challenging Trump’s Targeting of Law Firms
Judge Nathaniel Gorton dismissed Larrabee v. Trump for lack of standing, impacting suits against alleged political targeting of law firms.
Sanders’ Proposed 50% AI Stock Tax Faces Legal, Constitutional Challenges
Senator Sanders proposes a one-time 50% stock tax on AI giants to fund a public wealth fund, raising constitutional and legal questions.