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.
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.
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?
Feb 24, 2026 from The Volokh Conspiracy Don't Go to the State of the Union Let the Wilsonian Nightmare End
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...
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...
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.
Feb 23, 2026 from The Volokh Conspiracy UC's National Center for Free Speech and Civic Engagement $15K Non-Residential Fellowships (Applications Due March 21) From the webpage: Applications are due by Monday, March 30th at midnight. If you have questions, please feel free to… The post UC's National Center for Free Speech and Civic Engagement $15K Non-Res...
Feb 23, 2026 from The Volokh Conspiracy My New Dispatch Article on the Tariff Decision, its Implications - and a Key Issue the Court Did Not Resolve The Court stopped a massive presidential power grab, but did not resolve a crucial issue about judicial review of executive use of emergency powers.
Feb 23, 2026 from The Volokh Conspiracy How Should The Non-Delegation Doctrine and the Major Question Doctrine Apply to Foreign Affairs? Justices Thomas and Kavanaugh raise important issues that Justice Gorsuch and Chief Justice Roberts do not fully address.
Feb 23, 2026 from The Volokh Conspiracy Climate Change Goes Back to the Supreme Court -- Colorado Edition The Supreme Court granted certiorari in Suncor Energy v. County Commissioners of Boulder County
Feb 23, 2026 from The Volokh Conspiracy The Roberts Court Rejects Trump's Tariffs An initial take on Learning Resources v. Trump.
Feb 23, 2026 from The Volokh Conspiracy Litigation Breeds Litigation + Follow-Up to Lawsuit Against Pro-Palestinian / Anti-Semitic Protesters Outside Synagogue From Friday's decision by Judge Shalina Kumar (E.D. Mich.) in Susselman v. Attorney Grievance Comm'n (for more on the Sixth… The post Litigation Breeds Litigation + Follow-Up to Lawsuit Against Pro...
Feb 23, 2026 from The Volokh Conspiracy Amazon Could Be Liable for Selling Product Used to Commit Suicide, Coupled with Promotion of a "Suicide Instruction Book" From Thursday's Scott v. Amazon.com, Inc., decided by the Washington Supreme Court (opinion by Justice Helen Whitener); the lawsuit was… The post Amazon Could Be Liable for Selling Product Used to ...
Feb 23, 2026 from The Volokh Conspiracy 2026 Church, State & Society Writing Competition for Law Students and Law Clerks Passing this along, for readers who fit the criteria (or who know those who do): The Program on Church, State… The post 2026 Church, State & Society Writing Competition for Law Students and Law Cle...
Feb 23, 2026 from The Volokh Conspiracy Diversity (the Civil Procedure Kind) and Self-Identification "Courts cannot accept a model where an entity has a public-facing identity which it then renounces based on its behind-the-scenes activity."
Feb 23, 2026 from The Volokh Conspiracy Today in Supreme Court History: February 23, 1905 2/23/1905: Lochner v. New York argued. The post Today in Supreme Court History: February 23, 1905 appeared first on Reason.com.