The Latest Breaking News from Patricia Millett

Judge Tatel's Vision of the Shadow Docket From Inside the Penumbra

"The Court, we were told, 'would really like us to act tonight'—and, if possible, 'within an hour.'"

Reason · Jun 11, 2024

Second Amendment Roundup: D.C.'s Magazine Ban Argued Again in D.C. Circuit

It was déjà vu, but this time post-Bruen.

Reason · Feb 21, 2024

Trump Gag Order Raises Unsettled Constitutional Questions

A D.C. Circuit judge says the government’s defense of the order gives short shrift to "the First Amendment’s vigorous protection of political speech."

Reason · Nov 22, 2023

Appeals Court Panel Seems Skeptical That FOSTA Doesn't Violate the First Amendment

The 2018 law criminalizes websites that "promote or facilitate" prostitution. Two of three judges on the panel pushed back against government claims that this doesn't criminalize speech.

Reason · Jan 18, 2023

The FBI Decided Not To Knock Down a Suspect's Front Door Because 'It Was an Affluent Neighborhood'

"This is such outrageous behavior by the FBI," a D.C. Circuit judge says, calling the agency's special treatment of rich people "deeply troubling."

Reason · Apr 8, 2022