Why MAGA Turned on Amy Coney Barrett
Plus: The Supreme Court upholds a state ban on transgender care for minors.
Supreme Court
SCOTUS Upholds Tennessee Law Banning Medical Transition for Transgender Kids
With the culture war blazing, not even the Supreme Court could agree on the medical facts of the case.
Trump Argues That He Can Take Over a State's National Guard Whenever He Feels Like It
The government's lawyer told a 9th Circuit panel the president's deployments are "unreviewable," so he need not even pretend to comply with the statute on which he is relying.
Supreme Court Rejects Constitutional Challenge to State Limits on Sex Transition Treatments for Minors
The Court's majority avoids the larger question of whether laws targeting transgender individuals should be subject to heightened scrutiny, but Justice Barrett did not.
The Government Seized Her Home for a Project That Never Happened
Twenty years after Susette Kelo lost at the Supreme Court, the land where her house once stood is still an empty lot.
Federal Courts Shrug at Potentially Lethal Wrong-Door Raids
Cops should not be free to forgo the modicum of care required to make sure they’re in the right place.
What Have We Learned about Justice Barrett? (Updated)
Perceptions of Amy Coney Barrett may have changed more than her jurisprudence or voting record.
Don't Let Rights-Violating Federal Agents Dodge Accountability
Plus: The Texas Chain Saw Massacre on wax.
Whether or Not Trump Invokes It, the Insurrection Act Is Antiquated and Dangerously Broad
On its face, the law gives the president sweeping authority to deploy the military in response to domestic disorder.
Is the Business of the Roberts Court (Still) Business?
My contribution to an interdisciplinary symposium on "Donald J. Trump, the Supreme Court, and American Constitutionalism"
Did Justice Barrett Flip in PennEast Pipeline?
An interesting tidbit from today's NYT profile of Justice Amy Coney Barrett
Supreme Court Rules, Again, That Different Standards for Discrimination Plaintiffs Are Unconstitutional
The Court ruled unanimously in favor of a disabled teenage girl and her family, who faced a higher bar to prove that her school discriminated against her.
The FBI Raided This Innocent Georgia Family's Home. The Supreme Court Just Revived Their Lawsuit.
Agents detonated a grenade and broke into the house, guns drawn. But while the decision is good news for Curtrina Martin and Toi Cliatt, their legal battle is far from over.
17 Years Ago, She Lost Her Gun Rights for Passing a Bad Check. She Wants SCOTUS To Rectify That Injustice.
Melynda Vincent is asking the justices to decide whether it's constitutional to disarm people based on nothing more than a nonviolent criminal conviction.
Why Donald Trump and Josh Hawley Are Wrong To Call for Jailing People Who Burn the American Flag
The Supreme Court ruled decades ago that burning the flag is protected by the First Amendment, no matter how offensive that act may be.
He Fell Behind on His Taxes. So the Government Seized His Home, Sold It, and Kept the $258,000 Profit.
But now his case against the government can move forward.
3 Supreme Court Cases To Watch in June 2025
Plus: The glorious return of drive-in movie season.
The Divisions Among the Court's Originalists
Professor Joel Alicea on how to understand what may be the most important jurisprudential divisions on the Supreme Court.
Denver Case Highlights the Potentially Deadly Hazards of Police Raids Based on Secondhand Information
Michael Mendenhall wants the Supreme Court to reconsider a precedent that allows home invasions based on nothing but hearsay.
Should the Seventh Amendment Civil Jury Trial Right Apply to the States?
The right to a civil jury trial is far more deeply rooted in American history and tradition than is the right to own guns, which the Supreme Court was right to incorporate.
Kilmar Abrego Garcia Back in the United States
The Trump Administration returned the illegally deported migrant from imprisonment in El Salvador after repeatedly claiming they could not do so.
Police Blew Up This Innocent Woman's House and Left Her With the Bill. A Judge Says She's Owed $60,000.
Vicki Baker's legal odyssey is finally coming to an end.
Unanimous Supreme Court Affirms That There Is No 'Good' Discrimination
The court ruled on Thursday that a heterosexual woman shouldn't have to clear a higher bar than a gay colleague to sue for discrimination.
Is the Supreme Court Really That Divided? The Facts Say No.
Unanimous rulings on discrimination, guns, and religion once again challenge the common media narrative that the Court is hopelessly polarized.
A Federal Judge Orders Relief for Alleged Gang Members Deported and Imprisoned Without Due Process
Without such intervention, he warns, the government "could snatch anyone off the street, turn him over to a foreign country, and then effectively foreclose any corrective course of action."
Overruling Trump's Tariffs Should Be an Easy Decision for SCOTUS
Plus: A love letter to the heavy metal band Slayer.
Trump's Attack on the Federalist Society Is a Bad Omen for Originalism
The MAGA loyalty that Trump demands is anathema to everything that originalism is supposed to be about.
Is Justice Barrett "Solidifying Herself as the Swing Justice"?
Claims that Justice Amy Coney Barrett is at the center for the Court are not supported by the data. The truth is more complicated.
SCOTUS Allows Trump Administration to Revoke Parole Status of Noncitizens Present under CHNV Program
A reminder that the Executive Branch retains substantial discretionary authority over immigration policy and will prevail in court when that authority is properly exercised.
Supreme Court Unanimously Agrees To Curb Environmental Red Tape That Slows Down Construction Projects
The case involved a fully permitted railroad track in Utah that has yet to break ground because of environmental lawsuits.
"The Central Principle of Judicial Review in NEPA Cases Is Deference"
Some additional thoughts on today's Supreme Court decision in Seven County Infrastructure Coalition.
Supreme Court Narrows Scope of NEPA Review
Environmental Impact Statements do not have to consider upstream and downstream effects.
Can Schools Ban This 'There Are Only Two Genders' Shirt? Supreme Court Declines To Hear Free Speech Case
A Massachusetts 7th grader was sent home for wearing the shirt, though the school allows students to challenge the idea it conveyed.
The Supreme Court Said States Can't Discriminate in Alcohol Sales. They're Doing It Anyway.
Two decades after Granholm v. Heald was supposed to end protectionist shipping laws, states and lower courts continue to undermine the decision.
Trump's Mass Cancellation of Student Visas Illustrates the Lawlessness of His Immigration Crackdown
A federal judge blocks the administration's "Student Criminal Alien Initiative," which targeted foreign students who had no criminal records.
Baude on Trump v. Wilcox: "Predictable and Reasonable"
A defense of the Supreme Court's decision to let President Trump remove members of the NLRB and MSPB.
The Executive Power Case That Unites Donald Trump and Franklin Roosevelt
Trump’s firing of a federal agency head may soon spell doom for a New Deal era precedent that limited presidential power.
A Split Supreme Court Says Oklahoma Can't Have a Religious Charter School
The deadlocked court doesn't provide much clarity to sticky questions about the limits of religious freedom.
A Federal Judge Says New Mexico Cops Reasonably Killed an Innocent Man at the Wrong House
U.S. District Judge Matthew Garcia rejected the argument that the officers "recklessly created the need to apply deadly force by going to the wrong address."
The FTC's Probe Into 'Potentially Illegal' Content Moderation Is a Blatant Assault on the First Amendment
In the name of "restoring freedom of speech," FTC Chairman Andrew Ferguson wants to override the editorial judgments of social media platforms.
Supreme Court Restores Maine Legislator's Voting Rights Pending Outcome of Appeal
The Maine legislature has sought to silence and disenfranchise one of its members due to objections to things she said.
The Supreme Court Unanimously Rejects a 'Very Narrow Approach' to Deadly Force by Police
The decision revives a lawsuit against a Texas officer who shot a driver after endangering himself by jumping onto a moving car.
A Major Property Rights Case Idles on Supreme Court Docket
The Court has been punting for months on whether it will take up a legal challenge brought by Los Angeles landlords alleging their city's COVID-era eviction ban was a physical taking.
Supreme Court Allows DHS to Suspend Temporary Protected Status for Venezuelans
The latest SCOTUS order shows the justices are taking a more nuanced approach to district court injunctions of Trump Administration policies than its critics, left or right.
Supreme Court Issues Ruling Temporarily Blocking Alien Enemies Act Deportations
The ruling held that migrants detained under AEA had not been given adequate notice of their potential deportation. It also reflects the Court's growing distrust of the Trump Administration.
Supreme Court Enjoins Summary Removal of Alleged Tren de Aragua Members under Alien Enemies Act
A majority of the justices seem unconvinced the Administration was prepared to provide the process that was due. Justices Alito and Thomas dissent.
The Supreme Court May Rule for Trump on Nationwide Injunctions but Probably Not on Birthright Citizenship
The president's executive order on birthright citizenship had its first test before the Supreme Court.
Trump's Case Against Birthright Citizenship Is a Constitutional Loser
The text and history of the Fourteenth Amendment run counter to Trump’s executive order.
