After the 2017 mass shooting in Las Vegas, President Donald Trump vowed to use executive power to ban bump stocks, a type of firearm accessory that the shooter reportedly used. The Department of Justice carried out Trump's wishes in 2018 by issuing a new Bureau of Alcohol, Tobacco, Firearms and Explosives "to clarify that [bump stocks] are 'machineguns' as defined by the National Firearms Act of 1934 and the Gun Control Act of 1968" because "such devices allow a shooter of a semiautomatic firearm to initiate a continuous firing cycle with a single pull of the trigger." Put differently, the...…After the 2017 mass shooting in Las Vegas, President Donald Trump vowed to use executive power to ban bump stocks, a type of firearm accessory that the shooter reportedly used. The Department of Justice carried out Trump's wishes in 2018 by issuing a new Bureau of Alcohol, Tobacco, Firearms and Explosives "to clarify that [bump stocks] are 'machineguns' as defined by the National Firearms Act of 1934 and the Gun Control Act of 1968" because "such devices allow a shooter of a semiautomatic firearm to initiate a continuous firing cycle with a single pull of the trigger." Put differently, the...WW…

Fourth Amendment advocates won big today at the U.S. Supreme Court, which that when the police shoot a fleeing suspect, it still counts as a Fourth Amendment seizure even if the bullets don't stop the suspect. "The application of physical force to the body with the intent to restrain is a seizure," declared Chief Justice John Roberts, "even if the person does not submit and is not subdued."The case of Torres v. Madrid began in the early morning hours of July 15, 2014, with Roxanne Torres sitting inside her car in her apartment building's parking lot while several New Mexico State Police...…Fourth Amendment advocates won big today at the U.S. Supreme Court, which that when the police shoot a fleeing suspect, it still counts as a Fourth Amendment seizure even if the bullets don't stop the suspect. "The application of physical force to the body with the intent to restrain is a seizure," declared Chief Justice John Roberts, "even if the person does not submit and is not subdued."The case of Torres v. Madrid began in the early morning hours of July 15, 2014, with Roxanne Torres sitting inside her car in her apartment building's parking lot while several New Mexico State Police...WW…

The U.S. Supreme Court heard this week in a case that asks whether the Fourth Amendment's usual warrant requirement should be waived when the police conduct a warrantless home search while carrying out a so-called "community caretaker" function, such as when the cops perform a "wellness check" on a potentially troubled or injured person. Justice Sonia Sotomayor, one of the Court's biggest Fourth Amendment hawks, raised a few objections to giving the cops that much leeway to enter the home without a warrant.The case is . In 2015, Rhode Island police paid a "well call" on 68-year-old Edward...…The U.S. Supreme Court heard this week in a case that asks whether the Fourth Amendment's usual warrant requirement should be waived when the police conduct a warrantless home search while carrying out a so-called "community caretaker" function, such as when the cops perform a "wellness check" on a potentially troubled or injured person. Justice Sonia Sotomayor, one of the Court's biggest Fourth Amendment hawks, raised a few objections to giving the cops that much leeway to enter the home without a warrant.The case is . In 2015, Rhode Island police paid a "well call" on 68-year-old Edward...WW…

In 2019, the California Court of Appeal, 1st Appellate District, that a police officer may always enter a suspect's home without a warrant if the officer is in pursuit of the suspect and has probable cause to believe that the suspect has committed a misdemeanor. This week, the U.S. Supreme Court considered whether that ruling should be overturned.Justice Neil Gorsuch seemed to have a problem with the lower court's decision. Under the common law, Gorsuch pointed out during in Lange v. California, the police did not "have the power to enter the home in pursuit of any and all misdemeanor...…In 2019, the California Court of Appeal, 1st Appellate District, that a police officer may always enter a suspect's home without a warrant if the officer is in pursuit of the suspect and has probable cause to believe that the suspect has committed a misdemeanor. This week, the U.S. Supreme Court considered whether that ruling should be overturned.Justice Neil Gorsuch seemed to have a problem with the lower court's decision. Under the common law, Gorsuch pointed out during in Lange v. California, the police did not "have the power to enter the home in pursuit of any and all misdemeanor...WW…

The U.S. Supreme Court delivered a pair of eagerly awaited decisions today in cases arising from efforts by the Manhattan district attorney and by members of Congress to subpoena the financial records of President Donald Trump and several of his business entities. The cases are and .Trump lost big in Trump v. Vance. At issue was a subpoena filed by the New York County District Attorney's Office seeking financial records from Mazars USA, LLP, the longtime accounting firm of both Trump and various businesses tied to him. Trump's lawyers told the Supreme Court that the president should enjoy...…The U.S. Supreme Court delivered a pair of eagerly awaited decisions today in cases arising from efforts by the Manhattan district attorney and by members of Congress to subpoena the financial records of President Donald Trump and several of his business entities. The cases are and .Trump lost big in Trump v. Vance. At issue was a subpoena filed by the New York County District Attorney's Office seeking financial records from Mazars USA, LLP, the longtime accounting firm of both Trump and various businesses tied to him. Trump's lawyers told the Supreme Court that the president should enjoy...WW…

In 1996 voters in California approved Proposition 209, a ballot initiative that amended the California Constitution to prohibit the state from "discriminat[ing] against, or grant[ing] preferential treatment to, any individual or group on the base of race, sex, color, ethnicity, or national origin in the operation of public employment, public education or public contracting.""Racial preferences are dead," declared Ward Connerly, a leading advocate of Prop. 209, in a 1998 with Reason's Michael Lynch. "We are going back to what John F. Kennedy said in 1963, that 'race has no place in American...…In 1996 voters in California approved Proposition 209, a ballot initiative that amended the California Constitution to prohibit the state from "discriminat[ing] against, or grant[ing] preferential treatment to, any individual or group on the base of race, sex, color, ethnicity, or national origin in the operation of public employment, public education or public contracting.""Racial preferences are dead," declared Ward Connerly, a leading advocate of Prop. 209, in a 1998 with Reason's Michael Lynch. "We are going back to what John F. Kennedy said in 1963, that 'race has no place in American...WW…

State and local governments are currently taking dramatic and sometimes unprecedented action in response to the COVID-19 pandemic, including "shelter in place" orders, bans on public gatherings, and business shutdowns. What's the legal basis for such sweeping actions?In the U.S. constitutional system, each state possesses a traditional authority to regulate in the name of public health, safety, and welfare. Known as the police powers, this authority has deep roots in Anglo-American law. In his landmark Commentaries on the Laws of England (1765), the British legal theorist William Blackstone...…State and local governments are currently taking dramatic and sometimes unprecedented action in response to the COVID-19 pandemic, including "shelter in place" orders, bans on public gatherings, and business shutdowns. What's the legal basis for such sweeping actions?In the U.S. constitutional system, each state possesses a traditional authority to regulate in the name of public health, safety, and welfare. Known as the police powers, this authority has deep roots in Anglo-American law. In his landmark Commentaries on the Laws of England (1765), the British legal theorist William Blackstone...WW…