QUALIFIED IMMUNITY UPDATE: Today Institute for Justice filed an amicus urging SCOTUS to take NRA v. Vullo (again). 2 years ago, SCOTUS held that the NY State campaign to silence speech and advocacy violated the 1A. On remand, the 2d Cir. granted QI. Our brief tears down QI all the way down. 1/

The latest episode of Unpublished Opinions, our roundtable podcast! Anya Bidwell, Patrick Jaicomo & John Wrench ruminate on Founders vs. founding documents, complexities of constitutional change, coverage of SCOTUS, and more! ij.org/podcasts/unpub…

Today, I'm in St. Louis with my colleague Dylan Moore, who will argue against #QualifiedImmunity as amicus in the 8th Cir. Institute for Justice supports the plaintiffs in Rockett v. Eighmy, where kids brought 4A claims against a judge who personally threw them in jail to teach them a lesson. 1/

The U.S. Supreme Court grants review in the highly watched Fourth Amendment case, Chatrie v. United States, limited to QP 1: Whether the execution of the geofence warrant violated the Fourth Amendment. supremecourt.gov/orders/courtor…

Learn more about Institute for Justice's latest case, Miller v. Portland. After receiving a report of petty theft (shoes & cologne), Portland PD mobilized a military SWAT response. Instead of catching their suspect, officers traumatized an innocent kid by arresting him at gunpoint. We're suing.

The full schedule for “The Other Declarations of 1776” is up! Sponsored by Institute for Justice & Scalia Law School’s Liberty & Law Center it explores the Declarations of Rights new states proclaimed in that fateful year. It’s on April 10, 2026 in Arlington, VA. Register today! #1776AndAllThat 1/

In the run up to our conference on April 10, I'll be blogging about some of the declarations of rights that the new states adopted in 1776. First, an overall backgrounder on what these declarations were and where they came from. #1776AndAllThat. ij.org/cje-post/the-o…

QUALIFIED IMMUNITY NEWS: My Institute for Justice colleague Daniel Nelson and I are now published in Harvard Journal of Law & Public Policy 🇺🇸 with our article Section 1983 (Still) Displaces Qualified Immunity. We explain how the long-lost "Notwithstanding Clause" of §1983 proves Reconstruction Congress prohibited QI. 1/

Our Latest Podcast: Economic Freedom, History, and Tradition. With John Wrench, Kenneth Rosen, Jonathan Green, and Ryan Snyder! ij.org/podcasts/short…

New year, new role? The Institute for Justice is growing and looking for mission-driven people to join our team. We’re hiring for roles in litigation, activism, communications, development, administration, and student fellowships. Learn more at IJ.org/Careers

Enjoyed chatting "history and tradition" w John Wrench on IJ's Short Circuit podcast. Link below!

Our Latest Newsletter: Modest markups, shotgun pleadings, and the Kansas Two-Step ij.org/sc_newsletter/…

It's the latest episode of Unpublished Opinions, our roundtable (or is it a triangle?) podcast. With Kirby Thomas West windyjosh & John Wrench! ij.org/podcasts/unpub…

For anyone into originalism, the founding, and state constitutions, this looks AMAZING!

SMALL SCOTUS UPDATE: On 12/17, Institute for Justice filed cert. for the 3rd time in our long-running case King v. Brownback. On 1/20, the U.S. Solicitor General waived his right to oppose our petition. Today, 2/5, the Court called for the SG to respond. So at least 1 Justice is interested.

Vetan Kapoor Melissa Moschella UChicago Law School Daniel Nelson and Patrick Jaicomo of the InstituteForJustice show how Section 1983 still displaces qualified immunity by examining the history of Section 1983's Notwithstanding Clause. Link here: journals.law.harvard.edu/jlpp/wp-conten…

You can see Institute for Justice's latest scholarship on qualified immunity in the Harvard Journal of Law & Public Policy 🇺🇸 below. We show how §1983's "notwithstanding clause" proves that qualified immunity has always been unlawful. The text and history is clear.

In the lead up to Institute for Justice’s & Scalia Law School's Center for Law & Liberty’s conference on “The Other Declarations of 1776” on April 10 we’re running blog posts on the various declarations of rights of 1776. Today the granddaddy of them all, Virginia’s! 1/

Our Latest Podcast: Originalism at Stanford With Jonathan Gienapp Orin Kerr & Jud Campbell! ij.org/podcasts/short…

I was honored to be included in this very interesting podcast conversation about originalism in the lower courts, with two real experts on originalist theory: my colleagues Jonathan Gienapp and Jud Campbell.