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Legal analysis, commentary, and the justice system

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The Volokh Conspiracy
Mar 03, 2026 from The Volokh Conspiracy

Second Amendment Roundup: Oral Argument in Hemani

Testing whether an unlawful user of marijuana forfeits the right to have arms.

The Volokh Conspiracy
Mar 03, 2026 from The Volokh Conspiracy

Slavery and Birthright Citizenship

All the Trump Administration's arguments for denying birthright ctizenship to children of undocumented immigrants are at odds with the main purpose of the Citizenship Clause of the Fourteenth Amend...

The Volokh Conspiracy
Mar 03, 2026 from The Volokh Conspiracy

Parental Rights Not to Have School Hide Child's Social Gender Transition / Parental Rights to Provide Child with Surgical or Hormonal Gender Transition

Today's unsigned majority opinion in Mirabelli v. Bonta held that California policies that "prevent schools from telling them about their… The post Parental Rights Not to Have School Hide Child's S...

The Volokh Conspiracy
Mar 03, 2026 from The Volokh Conspiracy

Justices Debate Substantive Due Process Again, This Time in Parental Rights / Gender Transition Concealment Case

Today's unsigned majority opinion in Mirabelli v. Bonta held that California policies that "prevent schools from telling them about their… The post Justices Debate Substantive Due Process Again, Th...

The Volokh Conspiracy
Mar 03, 2026 from The Volokh Conspiracy

Justices Debate Emergency Docket in Parental Rights / Gender Transition Concealment Case

Today's opinion in Mirabelli v. Bonta involved, on the merits, California policies that "prevent schools from telling them about their… The post Justices Debate Emergency Docket in Parental Rights ...

Above the Law
Mar 03, 2026 from Above the Law

Looking Stupid Has A $940M Price Tag! — See Also

DOJ Drops Defense Of Biglaw Bullying Executive Orders: See what happens when you're actually willing to fight in court? Political Appointments For Law Students? Political purity tests for law jobs!...

The Volokh Conspiracy
Mar 03, 2026 from The Volokh Conspiracy

S. Ct. Reinstates Trial Court Injunction Blocking Cal. Policy Limiting Schools' Disclosure to Parents of Student's Changed Gender Identity

From today's opinion in Mirabelli v. Bonta: [Plaintiff] parents object that [California] policies prevent schools from telling them about their… The post S. Ct. Reinstates Trial Court Injunction Bl...

Above the Law
Mar 03, 2026 from Above the Law

Moving The Needle On Judicial Equity

Change comes slow to the federal bench. The post Moving The Needle On Judicial Equity appeared first on Above the Law.

Above the Law
Mar 03, 2026 from Above the Law

Law School Tells Students, ‘You MUST Be Aligned Politically With President Trump,’ For Summer Job

'GPA is not a strong factor.' No kidding. The post Law School Tells Students, ‘You MUST Be Aligned Politically With President Trump,’ For Summer Job appeared first on Above the Law.

Above the Law
Mar 02, 2026 from Above the Law

West Virginia Is Not Here For Authoritarian Cosplay

Federal judges torch “Operation Country Roads” as assault on the Constitution. The post West Virginia Is Not Here For Authoritarian Cosplay appeared first on Above the Law.

Above the Law
Mar 02, 2026 from Above the Law

Federal Judges Threatened For Doing Their Jobs Speak Up

Dangerous working conditions. The post Federal Judges Threatened For Doing Their Jobs Speak Up appeared first on Above the Law.

Above the Law
Mar 02, 2026 from Above the Law

From Boilerplate To Architecture: How AI Broke The Monolithic IP Clause

What replaced the monolithic IP clause wasn’t chaos. It was structure. The post From Boilerplate To Architecture: How AI Broke The Monolithic IP Clause appeared first on Above the Law.

The Volokh Conspiracy
Mar 02, 2026 from The Volokh Conspiracy

Justice Scalia Did Not Read The New York Times; Justice Barrett Does

It is very useful to know where a Justice gets her news from.

Above the Law
Mar 02, 2026 from Above the Law

Hate To Say I Told You So Again: Your Chats Ain’t Private

We as lawyers need to educate our clients if we want to protect them down the road. The post Hate To Say I Told You So Again: Your Chats Ain’t Private appeared first on Above the Law.

Above the Law
Mar 02, 2026 from Above the Law

What Happens When Being The ‘Most Feared Firm’ In Biglaw Becomes A Branding Problem?

Quinn Emanuel may need to show its softer side to attract clients across the pond. The post What Happens When Being The ‘Most Feared Firm’ In Biglaw Becomes A Branding Problem? appeared first on Ab...

Above the Law
Mar 02, 2026 from Above the Law

DOJ Drops Defense Of Biglaw Executive Orders, Leaving Capitulating Firms Holding $940 Million Bag

Turns out the Executive Orders Biglaw feared aren’t worth defending after all. The post DOJ Drops Defense Of Biglaw Executive Orders, Leaving Capitulating Firms Holding $940 Million Bag appeared fi...

The Volokh Conspiracy
Mar 02, 2026 from The Volokh Conspiracy

How Unstated Legal Ideas Have Deformed the Constitution

In the "three buckets" picture of the structure of the federal government, a federal entity that is not part of Congress or part of the judiciary must inevitably be in the Executive Branch.

The Volokh Conspiracy
Mar 02, 2026 from The Volokh Conspiracy

Prof. Tom Merrill (Columbia) Guest-Blogging About "Unstated": How Three Implicit Legal Ideas Have Sidelined Congress and Empowered the President and the Courts

Prof. Merrill is giving the Hallows Lecture at Marquette tonight on this subject, and I'm delighted to report that he'll… The post Prof. Tom Merrill (Columbia) Guest-Blogging About "Unstated": How ...

Above the Law
Mar 02, 2026 from Above the Law

Standing Up And Cheering For American-ish Principles

Shall we play a game? The post Standing Up And Cheering For American-ish Principles appeared first on Above the Law.

The Volokh Conspiracy
Mar 02, 2026 from The Volokh Conspiracy

Mayor's Right to Dismiss Volunteer Board Appointees for Speech, Including Religiously Motivated Speech

From Hodges v. Gloria, decided Thursday by the Ninth Circuit (Judges Consuelo Callahan and Lucy Koh, and Judge J. Campbell… The post Mayor's Right to Dismiss Volunteer Board Appointees for Speech, ...

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