Another conceivable conclusion is that Kavanaugh now hopes to apologize for butchering the Fourth Amendment without doing any ...

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 ...

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 ...

The right to be free from unreasonable search and seizure had an up-and-down sort of year at the U.S. Supreme Court. Back in ...

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 circuit split might just persuade the U.S. Supreme Court to take up the matter, breaking its now six-year hiatus from hearing Fourth Amendment cases. In the span of two months, the Fourth and ...

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 ...

In September, the Supreme Court rendered obsolete the Fourth Amendment’s prohibition on suspicionless seizures by the police. When the court stayed the district court’s decision in Noem v. Vasquez ...

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 ...