The Supreme Court's 'Reasonable Expectation of Privacy' Test Defies Expectations
Neil Gorsuch proposes an alternative to a Fourth Amendment standard that has proven to be an unreliable safeguard against government snooping.
Neil Gorsuch
Neil Gorsuch Urges Supreme Court To Correct 2 Wrong Turns That Undermined Civil Liberties
The justice criticizes the Court’s endorsement of coercive plea bargaining and its embrace of dubious Fourth Amendment doctrines.
Here Are Some Ways SCOTUS Can Constrain Federal Agencies That Are Now Subject to Trump's Untrammeled Control
The Supreme Court has "no shortage of tools" to enforce the separation of powers, Justice Neil Gorsuch notes. "The only real question is whether we will use them."
Gorsuch Warns About Executive Overreach While Expanding Trump's Power
The Supreme Court extended presidential control over federal agencies. What could go wrong?
Can Trump v. Slaughter be Used to Challenge the Continued Legality of Executive Agencies Congress Intended to be Independent?
If the laws requiring such agencies to be independent are unconstitutional, it may be that very existence of those agencies is also now illegal.
In Chatrie, Neil Gorsuch Reiterates His Critique of 2 Dubious Fourth Amendment Doctrines
The justice argues that the "reasonable expectation of privacy" test and the third-party doctrine are indefensible in theory and unworkable in practice.
A Supreme Court Decision Restricting Appeal Waivers Underlines the Injustice of Coercive Plea Bargaining
The Supreme Court ruled that "an agreement not to appeal a sentence is unenforceable when it would result in a miscarriage of justice."
Neil Gorsuch on the Declaration of Independence, Originalism, and Separation of Powers
"There was nothing inevitable about it. Absolutely nothing," the Supreme Court justice tells Reason's Nick Gillespie.
Heroes of 1776 Shows That Remembering the Past Is Key to Progress
Neil Gorsuch's new book reminds us that to accelerate progress, we must first acknowledge the progress that has already occurred.
Right-Wing Influencers Don't Understand What Makes America Great
The Dissident Right is furious with Neil Gorsuch for saying America is a creedal nation. That just goes to show how out of touch its obsessions are.
Why Do Big City Democrats Keep Electing Socialists?
Plus: Trump announces “Project Freedom” in the Strait of Hormuz, King Charles visits the U.S., and a listener asks why voters keep rewarding bad politicians.
Justice Neil Gorsuch: 'Aspirations for Power Need To Be Checked'
The Supreme Court justice discusses the Declaration of Independence, how unchecked power threatens liberty, and what the Founders can teach future generations.
A SCOTUS Case Exposes the Dangers of 2 Misguided Fourth Amendment Doctrines
"Geofence" searches illustrate the perilous combination of modern technology and deference to law enforcement.
Gorsuch, Barrett, and Roberts Raise Fatal Objections to Trump's Birthright Citizenship Order
Understanding the Supreme Court’s oral arguments in Trump v. Barbara.
In Tariffs Dissent, Clarence Thomas Embraced a Dangerous Theory of Executive Power
The conservative justice’s regrettable opinion in Learning Resources v. Trump.
Trump Replaces Old Illegal Tariffs With New Illegal Tariffs
Plus: The U.S. could be going to war with Iran, the 2026 Winter Olympic Games, and why AI surveillance is worrying civil libertarians
An MQD Receipt Justice Gorsuch Overlooked
Justices Kagan and Sotomayor have signed on to at least one opinion that expressly relied upon the major questions doctrine.
Gorsuch Blasts Thomas, Alito, and Kavanaugh for Favoring Trump's Illegal Tariffs
What explains the fracture in the Supreme Court's "conservative bloc"?
The Supreme Court Just Struck Down Trump's 'Emergency' Tariffs
"There is no exception to the major questions doctrine for emergency statutes," wrote Chief Justice John Roberts.
Eyes on Gorsuch as SCOTUS Weighs Transgender Student Athlete Bans
Plus: Still waiting on the tariffs case.
Justices Don't Buy Tariff Argument
Plus: Outrage at Heritage, air traffic might get throttled, and more...
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.
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.
SCOTUS Rules in Favor of TikTok Ban as Some Supporters Realize It's a Bad Idea
"I cannot profess the kind of certainty I would like to have about the arguments and record before us," writes Justice Gorsuch.
Justice Gorsuch Wants To Hear More (Takings) Cases
Justice Gorsuch shows more interest in property rights challenges than his colleagues on the Court.
Justice Gorsuch Warns Biden To 'Be Careful' With Attempts To Control Supreme Court
Fewer laws and less government would be a better solution to judicial warfare.
'Too Much Law' Gives Prosecutors Enormous Power To Ruin People's Lives
In a new book, Supreme Court Justice Neil Gorsuch describes the "human toll" of proliferating criminal penalties.
America Criminalizes Too Much and Punishes Too Much
When those on parole or probation are included, one out of every 47 adults is under “some form of correctional supervision.”
Trump Values Judicial Independence Only When It Benefits Him
His criticism of President Joe Biden’s proposed Supreme Court reform is hard to take seriously.
Two SCOTUS Cases Show How an Unaccountable Administrative State Hurts 'Ordinary People'
Contrary to progressive criticism, curtailing bureaucratic power is not about protecting "the wealthy and powerful."
Gorsuch Apes NIMBY Government Lies in Supreme Court's Grants Pass Decision
Plus: A disappointing first round of "Baby YIMBY" grant awards, President Joe Biden endorses rent control, and House Republicans propose cutting housing spending.
Ketanji Brown Jackson Joins Conservative Justices in Upending Hundreds of January 6 Cases
Her concurrence is a reminder that the application of criminal law should not be infected by personal animus toward any given defendant.
Why Are Liberals Suddenly Denouncing the Right to a Jury Trial?
Justice Sonia Sotomayor called the Supreme Court ruling in SEC v. Jarkesy "a power grab." She's right, but in the wrong way.
The Supreme Court Isn't as Radical as You Think
There is a great deal of panic surrounding the "extreme" nature of the current Court. But that is often not based in reality.
The Supreme Court Again Strengthens the Right to a Jury Trial in Criminal Sentencing
Paul Erlinger was sentenced to 15 years in prison based largely on a determination made by a judge—not a jury.
SCOTUS' Ruling in Gay Wedding Website Case Was a Defeat for Compelled Speech
"The opportunity to think for ourselves and to express those thoughts freely is among our most cherished liberties," Justice Neil Gorsuch wrote in the majority opinion.
Why a Supreme Court Justice Who Always Votes for One Type of Litigant isn't Necessarily Biased
Justice Gorsuch has never voted against Native American interests in a Supreme Court case. But that probably isn't because he's biased in favor of Indians. He simply believes that much existing precedent in this field is biased the other way.
The Perils of 'Rule by Indefinite Emergency Edict'
Supreme Court Justice Neil Gorsuch highlights a vital lesson from the COVID-19 pandemic.
Gorsuch Condemns 'Breathtaking' COVID Emergency Powers That Crushed Civil Liberties
"Since March 2020, we may have experienced the greatest intrusions on civil liberties in the peacetime history of this country," Gorsuch wrote. That might be an exaggeration, but it isn't far off.
SCOTUS Chooses California Over Pork Producers and Bacon Consumers (and Issues Four Other Opinions Too)
The Supreme Court issues five merits opinions, but there are still forty more waiting.
Delegitimizing the Supreme Court
Plus: A look back at Rochelle Walensky's tenure as head of the CDC
Kavanaugh v. Gorsuch -- The Return
Today's opinions are a requel to prior splits among the most recent Republican appointees to the Supreme Court.
Conservatives Who Want To Weaken Defamation Standards May Regret Opening That Can of Worms
Contrary to the Supreme Court's First Amendment precedents, Donald Trump thinks harsh criticism of the president should be actionable.
An Unusual Supreme Court Split in Bittner v. United States
The Bank Secrecy Act divides the justices in an unusual way, and Justice Barrett authors her fourth opinion in an argued case.
Neil Gorsuch's LGBT Decision May Doom Affirmative Action in the Supreme Court
Why isn’t affirmative action in college admissions prohibited under the Civil Rights Act?
If You Oppose COVID Emergency Powers, You Should Oppose Title 42 Expulsions
While other pandemic policies have ended, the migration measure has “outlived [its] shelf life,” Justice Neil Gorsuch wrote yesterday.
How a Gorsuch LGBT Ruling May Doom Affirmative Action in College Admissions
The link between Bostock v. Clayton County and Students for Fair Admissions v. University of North Carolina
Why Won't the Biden Administration Join Gorsuch in Seeking To Overrule These Racist SCOTUS Precedents?
The Insular Cases “rest on a rotten foundation,” Gorsuch wrote.
