The Justices Are Skeptical of the Trump Tariffs, But Are They Skeptical Enough to Strike Them Down?
Some observations from yesterday's argument in Learning Resources v. Trump.
Supreme Court
Justices Don't Buy Tariff Argument
Plus: Outrage at Heritage, air traffic might get throttled, and more...
On Tariffs, It Was Gorsuch vs. Trump at SCOTUS
The legal challengers to Trump's tariffs had a good day in court.
Trump's Attorney Concedes: His Legal Theory Would Let a President Tax Foreign Cars To Combat Climate Change
Justice Neil Gorsuch got Solicitor General D. John Sauer to admit one "likely" outcome, if the Supreme Court upholds Trump's tariffs.
Trump's Economic Fallacies Are Legally Relevant in His Tariff Case
Trade deficits are not a "national emergency," and the president's import taxes won’t reduce them.
New Jersey Cops Took His Guns Because They Were Worried About His Wife's Mental Health
Elsid Aliaj says the seizure violated state law and the Second Amendment.
As Tariff Case Heads to the Supreme Court, Trump's Strongest Argument Has a Fatal Flaw
The International Emergency Economic Powers Act doesn't grant the president the power to regulate imports with tariffs. Even if it did, these tariffs would still be unconstitutional.
Trump's Tariffs and John Roberts' Credibility
Learning Resources v. Trump will test both executive power and judicial fidelity.
Will a Mamdani Victory Push the Democrats Further Left?
Plus: Virginia and New Jersey governor’s races, a court ruling extending SNAP funding during the shutdown, and Trump’s tariff fight reaches the Supreme Court
In Tariff Case, Trump's Attorneys Can't Decide if Foreign Investment Is Good or Bad for America
The administration's legal brief reveals a critical contradiction in Trump's trade policies.
They Face $1 Million in Fines—for Someone Else's Code Violations
Humboldt County, California's sketchy code enforcement scheme piles ruinous fines on innocent people and sets them up to lose.
Trump's Tariff Chaos Crushes Board Game Makers: 'The U.S. Is Our Least Trustworthy Trading Partner'
The Supreme Court will hear a case next week challenging the legality of President Donald Trump's "emergency" tariffs.
When the Government Censored Dracula, Frankenstein, and King Kong
Remembering a monstrous era of American history
Trump, an Avowed Second Amendment Champion, Defends a Gun Ban With 'No Historical Justification'
His administration is urging the Supreme Court to uphold a prosecution for violating a federal law that bars illegal drug users from owning firearms.
The 6th Circuit Upholds a School's Sweatshirt Censorship Because 'Let's Go Brandon' Is 'Plainly Vulgar'
That understanding of a familiar anti-Biden slogan hinges on the political message it communicates.
Trump's Tariff Tantrum Proves He Shouldn't Have That Power
The Supreme Court is set to hear arguments in November on whether Trump's use of tariffs is constitutional.
Listening to Justice Barrett
My review of Amy Coney Barrett's Listening to the Law.
What the Japanese Internment Case Teaches About Judicial Deference to Presidential Power
Long-ago debates about executive authority are not as distant as they might initially seem.
On National Guard Deployments, Trump Tells SCOTUS His Power Is 'Unreviewable'
Will the Supreme Court grant Trump the overwhelming judicial deference he demands?
SCOTUS Will Consider the Constitutionality of the Federal Ban on Gun Possession by Illegal Drug Users
The law applies to millions of Americans who pose no plausible threat to public safety, including cannabis consumers in states that have legalized marijuana.
Coming Soon to the Supreme Court: Are Tariffs Taxes?
The correct answer is: Yes, even when they are also regulations. Whether the Court agrees could determine the future of presidential power.
Still the Stare Decisis Court (At Least For Now)
Even with a six-justice conservative majority, the Roberts Court has not (yet) increased the rate at which it overturns precedents.
Texas City Council Approves $500,000 Payment to Former Member Who Said Her Advocacy Led to a Bogus Arrest
The settlement, which followed Sylvia Gonzalez's victory at the Supreme Court, also includes remedial First Amendment training for city officials.
SCOTUS Probably Won't Put Any New Limits on Warrantless Home Searches
The Supreme Court heard oral arguments this week about the "emergency aid exception" to the Fourth Amendment.
The NRA Supports SCOTUS Petitioners Who Lost Their Gun Rights Because of Nonviolent Offenses
The cases give the justices a chance to address a constitutionally dubious policy that disarms peaceful Americans.
Can Police Enter Your Home Without a Warrant? The Supreme Court Will Soon Decide.
Even well-intentioned “community caretaking” can’t justify ignoring the Fourth Amendment.
Is the Supreme Court's Shadow Docket Causing a 'Judicial Crisis'?
Multiple judges say SCOTUS is going out of its way to grant emergency relief to the president without even bothering to explain why.
DCCHS Oral History of Justice Ruth Bader Ginsburg
A set of interviews with the late justice is now available
Do Federal Judges Believe We Are in the Midst of a "Judicial Crisis"?
Thoughts on the New York Times' Selective Survey of District Court Judges
Amy Coney Barrett Is Right To Reject 'Common Good Constitutionalism'
Limits on government power are a venerable and beneficial feature of our system.
Justice Kennedy on Originalism and Bush v. Gore
Interesting tidbits in an interview with Adam Liptak
Supreme Court Declines To Address Section 230 in Two Cases for This Term
Weakening or removing Section 230 would not fix the problems of social media, and in fact it could make things worse.
Conversion Therapy at the Court
Plus: Air traffic controllers get mysteriously sick, California gubernatorial contenders can't answer basic questions, and more...
Licensing Boards Are Legalized Cartels
Industry insiders dominate the boards that control who can work, using government power to shut out competitors, protect profits, and block reform.
Warrantless Searches, Tariffs, and the Unitary Executive: 3 SCOTUS Cases To Watch This Fall
In a new Supreme Court term packed with big cases, these disputes stand out.
Justice Barrett Is "Not Afraid"
A revealing interview with the Supreme Court's "Steel Magnolia."
The Supreme Court Will Hear Another Home Equity Theft Takings Case
This one addresses the issue of whether the owner of a home foreclosed for nonpayment of debt is entitled to "fair market value" compensation, or only whatever the government gets from auctioning off the property, minus the debt owed.
SCOTUS Will Consider a Challenge to Hawaii's Default Rule Against Guns on Private Property Open to the Public
The law is one of several attempts to override the right to bear arms by making it impractical to exercise.
Defending the Summary Execution of Suspected Drug Smugglers, Trump Declares an 'Armed Conflict'
The president thinks he can transform murder into self-defense by executive fiat.
Justice Barrett on Common Good Constitutionalism (Updated)
The Justice discusses originalism, common good constitutionalism, and King v. Burwell in a recent interview.
The Roberts Court at 20: Looking Back and Looking Forward
A recent panel discussion on the current Supreme Court.
After 20 Years as Chief Justice, John Roberts Is Now Friend and Foe to Executive Power
Which version of the chief justice will emerge in the Supreme Court’s newest term?
Defend Speech Even When Your Side Hates It
Civil liberties attorney Jenin Younes recounts her role in Murthy v. Missouri, her opposition to pandemic mandates, and why she believes Trump poses an even greater threat to free speech than Biden.
After Repeatedly Losing in Lower Court, Trump Asks SCOTUS To Review His Birthright Citizenship Order
Plus: Justice Anthony Kennedy wrote a book.
The 9th Circuit Overturns a Man's Conviction for Holding a Shotgun on the Sidewalk in Front of His House
The decision, which hinges on an exception to the Gun-Free School Zones Act, does not say whether that law is consistent with the Second Amendment.
SCOTUS Is Now Poised To Overrule Humphrey's Executor, a 1935 Precedent Limiting Presidential Power
The Supreme Court will soon review the president’s authority to fire “independent” agency heads.
