Apr 11, 2026 from The Volokh Conspiracy Fifth Circuit Strikes Down Federal Law Banning Home Alcohol Distilleries The ruling holds the law exceeds Congress' authority under the tax power and the Necessary and Proper Clause. But it does not consider the Commerce Clause.
Apr 11, 2026 from The Volokh Conspiracy Follow-Up to "Reproducing Controversial Tweet in News Story = Fair Use" Post "Market Erasure," "Three Plinths," "The March 2nd Transformation," "Karen" "branding," and "The Commercially Savvy Lawyer."
Apr 11, 2026 from The Volokh Conspiracy Today in Supreme Court History: April 11, 1862 4/11/1862: Chief Justice Charles Evans Hughes's birthday. The post Today in Supreme Court History: April 11, 1862 appeared first on Reason.com.
Apr 10, 2026 from The Volokh Conspiracy Thoughts on Today's Oral Argument in the Section 122 Tariff Cases The outcome is unclear. But the judges seemed skeptical of the Trump Administration's claims that Section 122 grants them sweeping tariff powers.
Apr 10, 2026 from The Volokh Conspiracy DOGE, the Social Security Administration, and How Inferior Courts Should Treat S. Ct. Interim Orders Some excerpts from the 88 pages of opinions in AFSCME v. Social Security Admin., decided today by the Fourth Circuit… The post DOGE, the Social Security Administration, and How Inferior Courts Shou...
Apr 10, 2026 from The Volokh Conspiracy Short Circuit: An inexhaustive weekly compendium of rulings from the federal courts of appeal Phony checks, a twinkling of an eye, and sparkling sports gambling.
Apr 10, 2026 from The Volokh Conspiracy Ninth Circuit Dismisses Kids Climate Case Against Discounting in Cost-Benefit Analysis The kids climate cases continue to have standing problems in federal court.
Apr 10, 2026 from The Volokh Conspiracy Massachusetts High Court: Claim Against Meta for Alleged Addiction of Children Can Go Forward Notwithstanding § 230 The court doesn't decide whether Meta actually violated state law, or whether it may have a First Amendment defense; those decisions will be made later in the case.
Apr 10, 2026 from The Volokh Conspiracy Allegations of Conspiracy Between Univ. of S. Florida and Jewish Groups, Brought by Students for Democratic Society Chapter, Rejected "In essence, the plaintiffs argue that every time a Jew or Jewish organization contributes to (in this instance) a public university and that university, acting under established policy, discipline...
Apr 10, 2026 from The Volokh Conspiracy Today in Supreme Court History: April 10, 1967 4/10/1967: Loving v. Virginia argued. The post Today in Supreme Court History: April 10, 1967 appeared first on Reason.com.
Apr 10, 2026 from The Volokh Conspiracy Justice Sotomayor Opens Up About Her Colleagues She blames her colleagues for the emergency docket situation, and faults Justice Kavanaugh for not knowing people who earn an hourly wage.
Apr 09, 2026 from The Volokh Conspiracy Did the Solicitor General Misrepresent Flournoy Article in Birthright Citizenship Oral Argument It is often useful to consult the original source.
Apr 09, 2026 from The Volokh Conspiracy There Is No Constitutional Right to Possess a Cell Phone in Class" "Furthermore, to temporarily deprive a student of his cell phone during a class or a test and return it to them after the class or test is completed (or even at the conclusion of the school day) is...
Apr 09, 2026 from The Volokh Conspiracy Justice John Marshall Harlan's Lecture Notes On Wong Kim Ark An excerpt from my 2013 co-authored article on Harlan's constitutional law lectures.
Apr 09, 2026 from The Volokh Conspiracy The Birthright Citizenship Question that Stumped the Solicitor General It was surprising that the Solicitor General did not appear to have thought much legislative power under Section 5.
Apr 09, 2026 from The Volokh Conspiracy Upcoming Visiting Position at University of Virginia I will be a Visiting Professor at the University of VIrginia School of Law during the Fall 2026 semester.
Apr 09, 2026 from The Volokh Conspiracy "The First Tell Was the File Name of the Principal Brief: 'Cocounsel Skill Results'" From Friday's Sixth Circuit decision in U.S. v. Farris, by Judges Eric Clay, Julia Gibbons, and Whitney Hermandorfer: Howe [a… The post "The First Tell Was the File Name of the Principal Brief: 'Co...
Apr 09, 2026 from The Volokh Conspiracy Today in Supreme Court History: April 9, 1923 4/9/1923: Adkins v. Children's Hospital decided. The post Today in Supreme Court History: April 9, 1923 appeared first on Reason.com.
