Volokh Conspiracy
Legal analysis and commentary blog covering constitutional law, free speech, and legal policy.
Articles from Volokh Conspiracy
Supreme Court to Decide Fate of 158-Year-Old Home Distilling Ban
SCOTUS will resolve conflicting appeals court rulings on the constitutionality of an 1868 federal ban on home liquor distilling.
Steve Vladeck Critiques Supreme Court Expansion Plans
Constitutional expert Steve Vladeck argues against Supreme Court expansion, highlighting risks to Court legitimacy amid ongoing reform debates.
Appeals Court Upholds Dismissal of Devin Nunes' Libel Suit Against NBC
The Second Circuit upheld dismissal of Devin Nunes' defamation suit over Rachel Maddow comments, affirming media protections under actual malice standard.
Federal Court Sides with NYC Against Trump in Sanctuary City Lawsuit
Federal court dismisses Trump administration's lawsuit challenging New York City's sanctuary city laws, upholding Tenth Amendment protections.
11th Circuit Upholds Florida's Social Media Limits for Minors
The 11th Circuit ruled Florida's law restricting social media use for kids under 14 likely constitutional, shaping state tech regulations.
Third Circuit: Past DUIs Don’t Strip Second Amendment Rights
Third Circuit en banc rules that prior DUI convictions do not forfeit Second Amendment rights, impacting firearms law and constitutional defenses.
Judge Kelly Extends TRO Blocking Trump’s Ban on CNN, MSNBC, Politico
Judge Kelly extends temporary restraining order blocking Trump's ban on CNN, MSNBC, and Politico, affecting First Amendment litigation and press access.
Justice Alito’s WSJ Column Sparks New Originalism Debate
Justice Alito’s recent Wall Street Journal column renews debate on originalism, emphasizing a 'populist' constitutional interpretation approach.
Judge Blocks Ed Dept. From Releasing Foreign Donor Names to Colleges
A federal judge blocked the Education Dept. from disclosing foreign donor identities to U.S. colleges, raising privacy and transparency issues.
Justice Alito Discusses Supreme Court Retirement Plans Amid Speculation
Justice Samuel Alito speaks publicly on his Supreme Court retirement considerations, affecting the Court's future ideological balance.
Trump Nominates Todd Butler to 5th Circuit Appeals Court Seat
President Trump nominates Todd Butler to the 5th Circuit Court of Appeals, impacting legal rulings in Texas, Louisiana, and Mississippi.
Federal Court Blocks $100,000 Trump-Era H-1B Visa Fee
A federal court ruled the $100,000 H-1B visa fee unlawful under APA, impacting employers and immigration costs.
Supreme Court Quickly Stays Third-Country Removal Injunction After Reply
The Supreme Court halted a removal injunction 40 minutes after the government reply brief, impacting immigration litigation timing for legal teams.
Ninth Circuit Dissent Challenges Bruen Footnote 9 Interpretation in Gun Case
A Ninth Circuit dissent argues Footnote 9 of Bruen should not allow exceptions from text and history in Second Amendment cases, impacting gun law analysis.
Eleventh Circuit Upholds Ban on Calling Trump-IRS Deal a ‘Settlement’
Eleventh Circuit affirms ban on using 'settlement' to describe Trump-IRS agreement in official proceedings, highlighting judicial speech limits.
Supreme Court Blocks Missouri's GOP-Favored Congressional Map Again
New analysis highlights legal risks and electoral chaos from Missouri's blocked congressional map ruling, impacting election law and policy.
Federal Judge Dismisses Music Teacher's Defamation Suit Against StopAntisemitism
U.S. District Judge Adrienne Nelson dismissed a defamation suit against StopAntisemitism, emphasizing First Amendment protections for online activism speech.
DC Circuit Reverses District Court, Upholds Pentagon's Anthropic Risk Label
DC Circuit affirms Pentagon’s designation of Anthropic as a supply chain risk, impacting defense contracting and AI compliance.
Court Mostly Dismisses Pennsylvania Sen. Mastriano’s Lawsuit Over Ph.D.
Federal court dismisses most claims in Sen. Mastriano’s lawsuit over alleged academic inaccuracies but allows a false light privacy claim to proceed.
Court Orders White House to Reinstate CNN, MSNBC, Politico Passes
Judge Kelly orders White House to reinstate press passes for CNN, MSNBC, and Politico, affirming First Amendment and due process rights.