Constitutional Law
15 articles tagged with "Constitutional Law".
The Breaking Point of Bruen: Why the Supreme Court’s Fractured Stance on Disarming Drug Users is a Green Light for Federal Defenders
The Originalist Trap in Federal Firearms Prosecutions For the past four years, federal prosecutors and defense attorneys have been locked in a bizarre historical scavenger hunt, forced by the Supreme Court to scour 18th-century colonial statutes to d...
The 14th Amendment Holds the Line: Why the Supreme Court’s Birthright Citizenship Ruling Averted an Immigration Law Apocalypse
The Executive Gambit That Failed In a blockbuster end-of-term ruling on June 30, the Supreme Court firmly rejected President Trump’s executive directive aimed at restricting birthright citizenship. By striking down the administration's attempt to uni...
The Death of the Independent Agency: Why the Supreme Court’s Overruling of Humphrey’s Executor Upends Federal Regulatory Practice
The Administrative State Suffers a Fatal Blow For nearly a century, American administrative law has rested on a fundamental, albeit heavily debated, compromise: Congress could create multi-member regulatory commissions insulated from the President’s ...
The Eighth Amendment in the Crosshairs: Why a Federal Judge’s Child-Sex-Crime Ruling is a Capital Defense Wake-Up Call
The Ground-Up Assault on Categorical Bars For nearly two decades, capital defense lawyers have treated the Eighth Amendment’s categorical bar on executing non-homicidal offenders as an unassailable fortress. But fortresses crumble when the foundation...
The End of the Emergency Blank Check: Why the Supreme Court’s Invalidation of Trump’s Global Tariffs Reshapes Trade Law
The Executive Power Grab Hits a Wall For decades, the executive branch has treated emergency economic statutes as a magic wand to bypass Congress, transforming limited national security tools into sweeping mandates for global trade policy. On Februar...
The Death of the Coordination Firewall: Why the Supreme Court’s First Amendment Campaign Finance Ruling Rewrites the Election Law Playbook
The Collapse of the Campaign Finance Firewall For decades, election law practitioners have made their living building, maintaining, and defending imaginary walls. The "firewall" between political campaigns and outside spending groups has been the bed...
The Second Amendment Breaches the Storefront: Why the Supreme Court’s Invalidation of Hawaii’s Handgun Limits Upends Premises Liability
The End of the "Vampire Rule" for Firearms The Supreme Court’s conservative supermajority has spent the last four years systematically dismantling state-level gun control regimes. But with its latest ruling, the Court has dragged private businesses d...
The Death of the Third-Party Doctrine for Location Data: Why the Supreme Court’s Ruling in Chatrie Changes Everything for Digital Discovery
For the last eight years, federal prosecutors and law enforcement agencies have operated in a gray area of digital surveillance, exploiting a massive loophole left open by the Supreme Court. That loophole just slammed shut. On June 29, 2026, the Supr...
The 9-0 Shockwave: Supreme Court Forecloses Title IX as a Shield for Transgender Athletes
A Unanimous End to the Title IX Sports Wars For the last six years, civil rights litigators and state attorneys general have been locked in a bitter, high-stakes tug-of-war over the intersection of transgender rights and federal education law. On Jun...
The Bruen Hangover: Supreme Court Wrestles with the Second Amendment and the Federal Gun Ban for Drug Users
A Collision of Originalism and the Administrative State The Supreme Court is currently wrestling with a monster of its own creation. On March 2, 2026, a deeply divided Court heard oral arguments on the constitutionality of 18 U.S.C. § 922(g)(3), the ...
Textualism Holds the Line: Supreme Court Strikes Down Trump’s Birthright Citizenship Directive Under the 14th Amendment
The End of a Fringe Constitutional Theory For years, a vocal subset of legal theorists has argued that the executive branch could unilaterally end birthright citizenship for the children of undocumented immigrants. On June 30, 2026, the Supreme Court...
The Death of Independent Agencies: Supreme Court Overrules Humphrey’s Executor in Historic 2026 Term
A Seismic Shift in Administrative Law For decades, administrative and regulatory lawyers have advised clients based on a fundamental assumption: independent federal agencies are shielded from direct presidential interference. As of June 29, 2026, tha...
The Fall of Independent Agencies: Supreme Court Overrules Humphrey’s Executor in Historic 2026 Term
The Death of the Independent Agency For decades, administrative and corporate lawyers have structured their regulatory strategies around a single, foundational premise: independent agencies are insulated from direct presidential control. On June 29, ...
The Death of Independent Agencies: Supreme Court Overrules Humphrey’s Executor in Blockbuster 2026 Term
A Structural Earthquake in Constitutional Law The Supreme Court’s June 2026 term has concluded, leaving behind a fundamentally altered constitutional landscape. While mainstream headlines have focused heavily on the Court's rulings regarding the Seco...
The Fall of Humphrey’s Executor: SCOTUS Reshapes the Administrative State and the Unitary Executive
The End of an Era for Independent Agencies For nearly a century, the administrative state has rested on a foundational compromise: Congress could create independent multimember agencies, and the President could not fire their leaders without "cause."...
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