YOU WONT BELIEVE: Rumsfeld - What They Never Told You

Only Congress May Suspend the Writ of Habeas Corpus

Lessons from Hamdi v. Rumsfeld

Reason · May 10, 2025

Twice, SCOTUS Finds Coastal Courts Improperly Exercised Venue

In two consecutive orders, the Court signals that progressive litigants forum shopped to the wrong courts.

Reason · Apr 8, 2025

Coastal Judges Play Keep-Away From The Fifth Circuit

The Trump administration detains individuals in Texas and Louisiana, yet federal courts on the Amtrak Corridor continue to exercise jurisdiction.

Reason · Mar 30, 2025

The First Amendment and Refusals to Deal

Here's a draft of my article, on the constitutionality of anti-BDS laws and other related matters, forthcoming in a symposium at The University of the Pacific Law Review.

Reason · Jun 25, 2023

Mask Mandate Doesn't Violate the First Amendment Right to Engage in Symbolic Expression

From a decision last week by the Washington Court of Appeals in Sehmel v. Shah, written by Judge Lisa Worswick, joined by Acting Chief Judge Anne Cruser and agreed with on this point by Judge Bernard Veljacic: Appellants argue that the act of not wearing a mask communicates a political…

Reason · Aug 18, 2022

Understanding the Scope of Rumsfeld v. FAIR

In Rumsfeld v. FAIR (2006), the Court unanimously held that universities could be required to host military recruiters, even when the universities generally refused to host recruiters who discriminated based on (among other things) sexual orientation, and the military was indeed so discriminating. The Court also held that universities could…

Reason · May 22, 2022