For EPCA preemption to remain meaningful, courts must reject local government attempts to disguise gas bans as emissions rules and to use unrelated statutes as a pretext.
August 24, 2026
U.S. Court of Appeals for the Ninth Circuit
The Commerce and Necessary and Proper Clauses’ original public meaning conflicts with current Supreme Court doctrine interpreting them. This dissonance has broad negative impacts on property owners, local governments, and the liberty that the enumerated powers are meant to protect.
August 20, 2026
Supreme Court of the United States
History, tradition, state law, and the Supreme Court’s precedent point the same way. The Hoffmanns spent three years litigating to secure the compensation the Constitution promises. Under North Dakota law, the condemnor pays for that fight. Only the sovereign’s immunity could excuse WBI Energy from paying, and WBI is not the sovereign.
August 20, 2026
Supreme Court of the United States
Here the government violated the Takings Clause when it took Mr. Fulton’s horses for public use without paying him just compensation. But the government refuses to honor its constitutional obligation to justly compensate Mr. Fulton and argues that the Takings Clause itself offers no remedy, despite its plain language. The Court should reject that argument.
August 17, 2026
U.S. Court of Appeals for the Eleventh Circuit
This Court should not allow the political branches to devise a mechanism that allows them to escape Article II’s promise of political accountability.
July 02, 2026
U.S. Court of Appeals for the Tenth Circuit
[A]dministrative exhaustion should not be required for structural constitutional claims because it serves no institutional interests and the interests of the individual weigh heavily against such a requirement.
June 17, 2026
U.S. Court of Appeals for the Sixth Circuit
Under well-established state law, the best interests of the child is the “paramount” consideration in every child-custody determination. Except, that is, when an “Indian child” might be involved. The Indian Child Welfare Act's race-matched “placement preferences" cannot be squared with the traditional best-interests-of-the-child rule.
June 15, 2026
Supreme Court of the United States
The Endangered Species Act’s text, structure, and history show that the “take” prohibition only covers affirmative actions that are performed directly and intentionally toward a particular animal. Accordingly, to the extent WaterWatch’s theory of liability is premised on allegations that the District’s mere ownership, operation, and control of a dam that might be incidentally injuring migrating coho or degrading or modifying coho habitat, WaterWatch cannot prevail, as a matter of law.
June 12, 2026
U.S. Court of Appeals for the Ninth Circuit
This Court should reaffirm that structural constitutional claims like those in Axon belong in federal district court. Doing so preserves the separation of powers and ensures that the Constitution’s structural guarantees remain more than empty promises.
June 08, 2026
Supreme Court of the United States