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    Speech Restrictions on National Mall Violate the Constitution

    As the government “shutdown” drags on, Washington’s National Mall remains closed to the general public. Not everyone, however, is forbidden to set foot on the mall. The National Park Service (NPS) has posted signs indicating that certain portions of the mall are closed “except for 1st Amendment activities.” A planned … More

    Supreme Court Takes Up Recess Appointments

    This morning marks the official start of the Supreme Court’s 2013–2014 term. One of the cases the Court will decide is National Labor Relations Board v. Noel Canning, which involves a clash between the President and the Senate over recess appointments. At the end of 2011, the Senate exercised its … More

    Don't Film Me, Bro!: Officer Confiscates Cell Phone, Prevents Wife from Videotaping Her Husband's Arrest

    It was her cell phone. She was on her property. And they were handcuffing her husband on the ground. Yet when Heather Donald used her cell phone to videotape the arrest of her husband Thomas, the police took the cell phone from her and later commanded her to delete the … More

    Illinois Supreme Court Catches Up on the Second Amendment

    The Illinois Supreme Court has finally joined the rest of the nation and the U.S. Supreme Court in recognizing the right of Illinois residents to exercise their Second Amendment rights. On September 12 in Illinois v. Aguilar, the Illinois court voided a state statute that made the “aggravated unlawful use … More

    What Is a “Reasonable” “Search” or “Seizure” in the Age of New Technologies?

    The Fourth Amendment prohibits the government from conducting “unreasonable searches and seizures.” However difficult it previously may have been to define a “reasonable” search or seizure, 21st-century technology makes that job far more difficult. There is virtually no aspect of life that cannot be captured, analyzed, and stored in 0s … More

    Preview of Next Supreme Court Term

    Monday, October 7, marks the beginning of the Supreme Court’s next term. The last term included a number of high-profile cases involving voting rights, same-sex marriage, drug-sniffing dogs, and racial preferences in college admissions. So what is on deck for this next term? There are a number of cases already … More

    The Obama Administration, Marriage, and the States

    Just as families are getting ready to head out the door for a long holiday weekend, the Obama Administration has rolled out new policies that disregard states’ authority over marriage and redefine marriage for a variety of federal purposes. The U.S. Department of the Treasury and the IRS and the … More

    Eric Holder’s Mounting War Against Texas

    In its mounting war against commonsense election integrity efforts, Eric Holder’s Justice Department announced today that it will be filing a new lawsuit against Texas, claiming that the state’s voter ID law “violates Section 2 of the Voting Rights Act, as well as the voting guarantees of the Fourteenth and … More

    Obamacare HHS Mandate Headed to Supreme Court?

    On Friday, the Third Circuit Court of Appeals blocked a temporary halt to the coercive Obamacare mandate that requires employers to provide coverage of abortion-inducing drugs. The ruling, which rejected claims under the First Amendment and the Religious Freedom Restoration Act, is at odds with a June en banc decision … More

    From the Horse’s Mouth: D.C. Circuit Doesn’t Need More Judges

    At a Senate Judiciary Committee hearing to consider the nomination of Cornelia “Nina” Pillard, Senator Chuck Grassley (R–IA) questioned whether the Senate should confirm any additional judges to the D.C. Circuit. Putting aside serious concerns about Pillard’s radical positions on sex education, abortion, and religious liberty, Republicans and Democrats have … More