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Legal analysis, commentary, and the justice system

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The Volokh Conspiracy
Feb 24, 2026 from The Volokh Conspiracy

New in City Journal: "Trump's Tariff Loss Is the Worst Judicial Defeat in Presidential History"

"From Jefferson to Lincoln, Nixon to Bush, no president’s agenda has been so thoroughly undercut by the Supreme Court."

The Volokh Conspiracy
Feb 24, 2026 from The Volokh Conspiracy

Final Version, "Data Scanning and the Fourth Amendment"

Especially relevant for United States v. Chatrie, the geofence warrant case.

Above the Law
Feb 24, 2026 from Above the Law

ABA Politely Tells President He Can’t Insult Judges Because He Lost Bigly

Let's see if he actually listens. The post ABA Politely Tells President He Can’t Insult Judges Because He Lost Bigly appeared first on Above the Law.

The Volokh Conspiracy
Feb 24, 2026 from The Volokh Conspiracy

My New Boston Globe Article on Why "Trump's New Tariffs are Another Dangerous Presidential Power Grab"

The article explains why the new Section 122 tariffs are illegal, and courts should strike them down, when (as is likely) lawsuits are filed against them.

Above the Law
Feb 24, 2026 from Above the Law

Does Asking ChatGPT A Legal Question Make It Discoverable? It Depends!

Competing decisions over AI and privilege herald a legally bumpy landscape for the next few years. The post Does Asking ChatGPT A Legal Question Make It Discoverable? It Depends! appeared first on ...

Above the Law
Feb 24, 2026 from Above the Law

Federal Judge Accused Of Driving ‘Super Drunk’ Takes ‘Voluntary’ Leave From The Bench

Months after a 0.27 BAC arrest, the judge finally hits pause on his courtroom duties. The post Federal Judge Accused Of Driving ‘Super Drunk’ Takes ‘Voluntary’ Leave From The Bench appeared first o...

Above the Law
Feb 24, 2026 from Above the Law

Arizona Republic Investigation Finds Consumer Harm, Loopholes, And Conflicts Of Interest In Arizona’s Legal Regulatory Reform

The program was intended to make legal services cheaper and more accessible for Arizona residents. The post Arizona Republic Investigation Finds Consumer Harm, Loopholes, And Conflicts Of Interest ...

Above the Law
Feb 24, 2026 from Above the Law

What Is Legal Analytics?

[Sponsored] Data and AI are reshaping how decisions are made across industries, and the legal sector is no exception. The post What Is Legal Analytics? appeared first on Above the Law.

The Volokh Conspiracy
Feb 24, 2026 from The Volokh Conspiracy

Does Section 230 Immunize Twitter's Knowing Possession of Child Sex Abuse Materials?

A recently filed cert petition presents this important issue to the U.S. Supreme Court.

Above the Law
Feb 24, 2026 from Above the Law

Judge Pens MAGA-Friendly Dissent That Sure Reads Like A Supreme Court Audition

'Circuit of Wackadoo'?!?! This is why judges should have editors. The post Judge Pens MAGA-Friendly Dissent That Sure Reads Like A Supreme Court Audition appeared first on Above the Law.

Above the Law
Feb 24, 2026 from Above the Law

NY Bar Exam Tells Applicants Stranded By Historic Blizzard To Pound Snow

Over 10,000 flights canceled? Travel bans across multiple states? Sounds like a 'You' problem according to bar examiners. The post NY Bar Exam Tells Applicants Stranded By Historic Blizzard To Poun...

Above the Law
Feb 24, 2026 from Above the Law

The Rural Care Crisis Is An Economic Issue, Not Just A Public Health One

During a panel at ViVE in Los Angeles, healthcare leaders outlined how access to care underpins the economic stability of rural America. The post The Rural Care Crisis Is An Economic Issue, Not Jus...

The Volokh Conspiracy
Feb 24, 2026 from The Volokh Conspiracy

The Saving Construction in NFIB and the Anti-Saving Construction in Learning Resources

Six justices found that the best reading of statute supports the government, but only three applied the major question doctrine. Why wasn't this a reversal?

Above the Law
Feb 24, 2026 from Above the Law

Morning Docket: 02.24.26

* NY Bar Exam's response to snowstorm canceling flights nationwide... the show must go on! [ABA Journal] * More FOIA suits over Biglaw Pro Bono Payola deals. [National Law Journal] * Neal Katyal sa...

The Volokh Conspiracy
Feb 24, 2026 from The Volokh Conspiracy

Don't Go to the State of the Union

Let the Wilsonian Nightmare End

The Volokh Conspiracy
Feb 24, 2026 from The Volokh Conspiracy

Court Requires That Vulgar Criticism of Mayor Be Obscured, but Eventually Changes Course

From a press release by Daniel A. Horwitz (Horwitz Law, PLLC), who prevailed in the case; I've worked with him… The post Court Requires That Vulgar Criticism of Mayor Be Obscured, but Eventually Ch...

The Volokh Conspiracy
Feb 24, 2026 from The Volokh Conspiracy

Arrest of Commenter at City Council Meeting for Accusing Police of Being "Fascist" and "Pro Domestic Abuse" Violated First Amendment

An excerpt from yesterday's long decision by Chief Judge Stephanie Rose (S.D. Iowa) in Petersen v. City of Newton: The… The post Arrest of Commenter at City Council Meeting for Accusing Police of B...

The Volokh Conspiracy
Feb 24, 2026 from The Volokh Conspiracy

Today in Supreme Court History: February 24, 1930

2/24/1930: Chief Justice Charles Evans Hughes takes oath. The post Today in Supreme Court History: February 24, 1930 appeared first on Reason.com.

The Volokh Conspiracy
Feb 24, 2026 from The Volokh Conspiracy

Open Thread

What’s on your mind?

Above the Law
Feb 24, 2026 from Above the Law

Where Were You During Chief Justice Robert’s Humiliation? — See Also

"I'll Never Forget This" To "An Embarrassment" In A Year's Time: Trump shamed the hell out of Republican justices that didn't see it his way. Aileen Cannon Knows Better Than To Go Against Trump: No...

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