HISTORICAL FACTS: 2 | History Defined

Chief Justice John Roberts Rightly Condemns Trump's Call to Impeach Judges who Rule Against Him

There is no justification for such impeachment efforts.

Reason · Mar 18, 2025

Should the Charges Against Mayor Adams Now Be Dismissed With Prejudice … Because of Prosecutorial Misconduct?

That's the powerful argument that Mayor Adams's lawyers are making, citing (among other grounds) the leaking of a resignation letter containing "the wildly inflammatory and false accusation that Mayor Adams and his counsel had, in essence, offered a quid to the Department of Justice in exchange for the quo of…

Reason · Feb 27, 2025

The Battle over Judge Newman's Unconstitutional "Stealth Impeachment" Continues

Judge Newman files a powerful reply to the unprecedented claim of the Federal Circuit's Judicial Council that she can be suspended from her duties indefinitely. And the Judicial Council's recent hiring of adversarial experts raises new questions about bias against Judge Newman.

Reason · Feb 19, 2025

Courts Shouldn't Rely on Election Returns to Give Trump a Blank Check for Policies Motivated by Unconstitutional Discrimination

The key issue in such cases is the motivation of the official who adopted by the policy, not who voted for him.

Reason · Nov 13, 2024

SCOTUS "road map" to prosecute Trump

Special counsel has "more than enough incriminating evidence" to move forward if he cuts official acts from charges

Salon · Aug 20, 2024

The Precedential Value of Robinson, a Reply to Josh

It's a weird case, but Robinson's death before the case was heard is old news.

Reason · Aug 9, 2024

Banana Republican

I found myself disagreeing with some of the points made in co-blogger Josh Blackman's post this morning entitled "I could carve a judge with more backbone out of a banana." Instead of a point-by-point rebuttal, here is a set of more general observations: Law is not like the game of…

Reason · Jul 29, 2024

Report from Israel: Israelis Aren't Out for Vengeance, But For Safety and Security

One constant refrain I have seen in the media since Hamas' Oct. 7 massacre is that Israel is seeking "revenge" in Gaza, or "retaliating" for Oct. 7. Israel, by contrast, asserts two primary motivations--return of its hostages, and the defeat of Hamas to restore Israeli security. Having just returned from…

Reason · Jul 15, 2024

Which Circuit Had The Highest Reversal Rate?

It was not the Fifth Circuit.

Reason · Jul 2, 2024

Again and again, U.S. Supreme Court slaps down 5th Circuit

The New Orleans-based court, which hears Texas cases, is pushing the federal judiciary to the right, even when it gets overturned by a higher court.

The Texas Tribune · Jul 2, 2024