Happy New Year, and welcome to the latest edition of the Injustice System newsletter. We have a bit of a conundrum to puzzle ...

That approach "improperly narrow [ed] the requisite Fourth Amendment analysis," Kagan held. "To assess whether an officer ...

Part of the Murthy v. Missouri challengers' claim is that the First Amendment bans the government from even "substantially encouraging" private entities to block user speech. And as I noted in the ...

Many court hearings are now virtual. This means that some or all of the litigants and witnesses participate by video. Are virtual hearings compromising the Fourth Amendment rights of domestic violence ...

Former President Trump's legal counsel said on the Mark Levin Show that he's preparing to file a Fourth Amendment-related legal challenge "very soon" against the Department of Justice in relation to ...

It has been seven years since Professors William Baude and James Y. Stern published “The Positive Law Model of the Fourth Amendment” in the Harvard Law Review. Early this year, Professors Danielle ...

When I first watched White House “border czar” Tom Homan’s rant about how immigration agents can indiscriminately detain people based on physical appearance, I was aghast. Not because it was happening ...

The Fourth Amendment provides a critical privacy right against intrusions by government officials. Indeed, it creates three layers of protection. First, it broadly prohibits unreasonable searches and ...

In an opinion that seems carefully crafted to achieve unanimity rather than break new ground, the court yesterday unsurprisingly and unanimously rejected the U.S. Court of Appeals for the 9th ...

The Fourth Amendment provides a critical privacy right against intrusions by government officials. Indeed, it creates three layers of protection. First, it broadly prohibits unreasonable searches and ...

A U.S. Supreme Court case that could dramatically expand the ability of police to enter homes without warrants, including to seize firearms, had a wide-ranging and freewheeling oral argument on ...