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.
Supreme Court
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.
Trump's Latest Tariff Defense Asserts Uncheckable Executive Power
The president’s attempt to evade the major questions doctrine deserves to be rejected.
Courts are Checking Trump More Effectively than Many Think
Legal scholar Steve Vladeck explains how and why.
Brendan Carr Flagrantly Abused His Powers To Cancel Jimmy Kimmel
"We can do this the easy way or the hard way," the FCC chairman said, threatening to punish broadcasters for airing the comedian's show.
Trump's 'Firing' of Lisa Cook Is Headed for SCOTUS
Plus: Pam Bondi flunks free speech 101.
Amy Coney Barrett's Case for Originalism Falls Short
The Supreme Court justice’s new book fails to practice the historical fidelity it preaches.
What Should We Call the "Shadow Docket"?
Should it be the interim docket? The emergency docket? The emergency orders docket? The short order docket? Something else?
Looking for Partisan Patterns in the Shadow Docket
The New York Times examines the "sharp partisan divides" on the Supreme Court's interim docket.
The Standard for 'Vicious' Speech Trump Laid Out After Kirk's Murder Would Implicate Trump Himself
Freedom of speech cannot reliably protect conservatives unless it also protects people they despise.
Florida's Ban on Openly Carrying Guns Is Unconstitutional, State Appeals Court Rules
A unanimous three-judge panel concluded that "no historical tradition supports" the 1987 law.
Kavanaugh Flouts the Fourth Amendment and Blesses Trump's Racial Profiling
The justice’s stance on immigration enforcement is undermined by the facts of the case before him.
The Trump Administration's Half-Baked Plan To Disarm Transgender People Is Legally Bankrupt
Such a gun ban is not authorized by statute or allowed by the Second Amendment.
Prison Guards Forcibly Cut a Rastafarian Inmate's Dreadlocks. SCOTUS Will Decide If They Can Be Sued Over It.
The Supreme Court will hear Landor v. Louisiana Department of Corrections and Public Safety this fall.
Supreme Court Issues Dubious "Shadow Docket" Ruling Staying Injunction Against Racial Profiling in Immigration Enforcement
There is no majority opinion, so the reasoning is unclear. But Justice Kavanaugh's concurring opinion undercuts principle that government must abjure racial discrimination.
