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The Volokh Conspiracy
Feb 26, 2026 from The Volokh Conspiracy

Today in Supreme Court History: February 26, 1869

2/26/1869: The 15th Amendment is submitted to the states. The post Today in Supreme Court History: February 26, 1869 appeared first on Reason.com.

The Volokh Conspiracy
Feb 26, 2026 from The Volokh Conspiracy

Open Thread

What’s on your mind?

The Volokh Conspiracy
Feb 26, 2026 from The Volokh Conspiracy

Thoughts on the Supreme Court Oral Argument in the Pung v. Isabella County Takings Case

Most of the discussion was focused on the wrong issue. What matters under the Takings Clause is not the "fairness" of the process by which the owner's house was taken, but whether he got adequate "...

The Volokh Conspiracy
Feb 25, 2026 from The Volokh Conspiracy

Constitutional Challenge to Texas Law on "Prurient" Drag Shows Sent Back to District Court

From Judge Kurt Engelhardt, joined by Judge Leslie Southwick  in today's Woodlands Pride, Inc. v. Paxton (Judge James Dennis, who… The post Constitutional Challenge to Texas Law on "Prurient" Drag ...

The Volokh Conspiracy
Feb 25, 2026 from The Volokh Conspiracy

Anti-"Queer" Speech Is Constitutionally Protected—but Not Parked in Multiple Spaces

From Judge Waverly Crenshaw (M.D. Tenn.) Monday in Wattenbarger v. City of Crossville (M.D. Tenn.): "Queers stay away from our… The post Anti-"Queer" Speech Is Constitutionally Protected—but Not Pa...

Stranger Than Usual
Feb 25, 2026 from Stranger Than Usual

Rollenspielszenen: Transzendente Graffiti

Wenn man im Traum einen Zug beschmiert, kann man damit die Realität beeinflussen?

The Volokh Conspiracy
Feb 25, 2026 from The Volokh Conspiracy

"The New Global Tariffs Are Also Unlawful," by Philip Zelikow

A very interesting article by my Hoover Institution colleague Philip Zelikow, who is an emeritus history professor (mostly specializing in… The post "The New Global Tariffs Are Also Unlawful," by P...

The Volokh Conspiracy
Feb 25, 2026 from The Volokh Conspiracy

Anthropic, the Pentagon, and the Defense Production Act

Prof. Alan Rozenshtein (Minnesota) has a very interesting item on this today at Lawfare; I'm not an expert on the… The post Anthropic, the Pentagon, and the Defense Production Act appeared first on...

The Volokh Conspiracy
Feb 25, 2026 from The Volokh Conspiracy

From SOTU to SCOTUS

The Chief Justice granted my motion.

The Volokh Conspiracy
Feb 25, 2026 from The Volokh Conspiracy

X and XXX (but No XX): No Revenge Porn Liability for X Based on X User's Alleged Illegal Posting of Commercial Porn Depicting Plaintiff

From today's order by Chief Judge Reed O'Connor (N.D. Tex.) in Doe v. X Corp.: [The federal] Non-Consensual Intimate Image… The post X and XXX (but No XX): No Revenge Porn Liability for X Based on ...

The Volokh Conspiracy
Feb 25, 2026 from The Volokh Conspiracy

No First Amendment Right to Film Others' Party in Public Park, Even to Try to Document Alleged Ordinance Violations

From Monday's decision by Judge Edward Chen in Barroca v. Hayward Area Recreation & Parks Dist. (N.D. Cal.): Plaintiff also… The post No First Amendment Right to Film Others' Party in Public Park, ...

The Volokh Conspiracy
Feb 25, 2026 from The Volokh Conspiracy

Thoughts on the Potential Broader Significance of the Supreme Court's Tariff Decision

Only time will tell how great the impact of the ruling will really be. But, at this point, it seems like a very significant decision.

The Volokh Conspiracy
Feb 25, 2026 from The Volokh Conspiracy

Today in Supreme Court History: February 25, 1841

2/25/1841: Justice Phillip Barbour dies. The post Today in Supreme Court History: February 25, 1841 appeared first on Reason.com.

The Volokh Conspiracy
Feb 25, 2026 from The Volokh Conspiracy

Open Thread

What’s on your mind?

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.

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.

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.

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?

The Volokh Conspiracy
Feb 24, 2026 from The Volokh Conspiracy

Don't Go to the State of the Union

Let the Wilsonian Nightmare End

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