A TikTok experiment is sparking interest in birds, oranges and mundanity in relationships.

Noah Smith-Drelich, Chicago-Kent College of Law, has posted The Forgotten Fundamental Right to Free Movement, which appears in the Northwestern University Law Review:There is a powerful fundamental right hiding in plain sight: the fundamental right to free movement. This right goes beyond the consistently acknowledged—though infrequently applied—fundamental right to interstate travel. The true scope of the Constitution's protection of movement through substantive due process safeguards local, interstate, and international travel. Though overlooked today, the fundamental right to free movement has deep roots in history and tradition, and in the decisions of numerous state and federal courts, including the Supreme Court.  This Article is the first to examine freedom of movement using the history and tradition test for unenumerated fundamental rights. This Article begins by tracing the right to free movement from the Magna Carta, through Blackstone's Commentaries, colonial America, early state constitutions, and the ratification of the Fourteenth Amendment. As this analysis shows, repressive governments have routinely sought to limit movement across and within boundaries. But the English and U.S. legal traditions are marked by repeated affirmations of the right—there is strong and persistent historical support for a fundamental right to free movement.  This Article then turns to judicial discussions of movement rights, both historical and contemporary. Drawing on several previously unconnected lines of decision, this examination surfaces a vibrant picture of the fundamental right to free movement recognized by the courts, including the U.S. Supreme Court.  --Dan Ernst 

Ethics Opinion 391

DOJ career attorneys aren't "Deep State" saboteurs or "compliant minions"—they're bound by ethics & law. 5 former Civil Division leaders debunk both misconceptions & discuss the dangers posed.

The only action needed now is no action at all, Joseph Fishkin writes.

<p><span>Appropriations law is a unique body of federal law.  Appropriations law imposes its own somewhat baroque set of statutory interpretation principle

The Trump administration has proffered a “compact” to universities that would require them to surrender their independence and academic freedom. How many First Amendment violations can we identify in ...

It's worth reflecting on how different things might look right now if federal officers—or the federal government itself—faced a meaningful specter of monetary liability for constitutional violations.