The Trump Administration Seriously Considered Unilaterally Suspending the Writ of Habeas Corpus
The proposal was nixed only after White House Staff Secretary Will Scharf explained why it was legally dubious.
Supreme Court
Trump, Scalia, and the Unitary Executive
How a four-decade-old dissent may now help the president fire independent federal agency heads at will
Bernie Sanders Is Wrong About Trillionaires
Plus: the Supreme Court's biggest pending decisions, renewed court-packing debates, and the economic fallout from the Iran war
Assessing Non-Packing Rationales For Increasing the Size of the Supreme Court
These arguments are relatively weak. And to the extent they are valid, they can be addressed without changing the Court's ideological balance.
Two Senators Offer a Bipartisan Solution to Censorship by Proxy
The JAWBONE Act would let Americans sue government officials who try to restrict their speech by pressuring social media platforms, broadcasters, or AI companies.
Upcoming National Constitution Center Annual Supreme Court Review
Three different VC bloggers are among the speakers: Jonathan Adler, Keith Whittington, and myself.
My New Lawfare Article on "Why Callais Doesn't Justify Court-Packing"
Court-packing would cause great harm, including by boosting power-grabbing presidents like Trump. Callais's flaws are better addressed by other means.
Trump's Position in the White House Ballroom Case Reflects His General Resistance to Judicial Review
The president has repeatedly argued that courts have no business deciding whether his actions are legal.
Penis Measurements Cannot Justify a Sex Offender's Indefinite Detention, South Carolina's Top Court Says
The court unanimously ruled that penile plethysmography is unreliable and inadmissible as evidence of recidivism risk.
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.
Was Lincoln More Radical Than We Remember?
Damon Root discusses the path to emancipation, the struggle to secure freedom after the Civil War, and the constitutional changes that remade America.
Thomas and Alito Shortchange the Bill of Rights in Another Criminal Justice Case
Plus: a few words about my new book
Trump Loves Accusing Critics of Treason. U.S. Law Makes That Charge Hard To Prove—for Good Reason.
The president’s habitual attempts to criminalize dissent hark back to tyrants of yore.
Thomas and Alito Take a Regrettable Position in a Qualified Immunity Case
The two judicial conservatives continue to disappoint criminal justice reform advocates.
The Supreme Court Protected Donor Privacy. The IRS Didn't Get the Memo.
The federal government is still fighting to collect nonprofit donor information despite Supreme Court warnings that such demands chill free speech.
Trump's Approval Rating Is Cratering. Tariffs Are a Big Reason Why.
They cost each American household roughly $1,000 in 2025, with more coming in 2026.
SCOTUS Term Limits May Be a Good Idea. But They Still Require a Constitutional Amendment.
Lifetime tenure for federal judges has been the constitutional practice since ratification.
A Tennessee Man Jailed for 37 Days Because of an Anti-Trump Meme Will Get $835,000 for His Trouble
Perry County Sheriff Nick Weems preposterously claimed that Larry Bushart had threatened "mass violence" at a school.
A State Assault Case Against an ICE Agent Could Illustrate the Limits of Supremacy Clause Immunity
That defense applies only when an officer "reasonably" believed he was acting within his federal authority.
Vladeck v. Adler on the Shadow Docket
A discussion of the Supreme Court's "Shadow Docket" on the We the People Podcast.
Virginia's New 'Assault Firearm' Ban Is Plainly Unconstitutional, a Federal Lawsuit Argues
Three Second Amendment groups say the law violates the right to own arms in common use for self-defense and other lawful purposes.
Abortion by Mail
Plus: Chinese relations, far-right extremists, Yale discriminated, and more...
Supreme Court "Shadow Docket" Order Preserves Mifepristone Via Telemedicine--For Now
The Court stayed a lower court order that would have blocked FDA rules allowing the prescription of mifepristone to terminate pregnancies via telemedicine.
How Much Deference Does SCOTUS Owe to Congress?
Should it take more than a 5–4 vote for the Supreme Court to strike down a federal law?
A Circuit Split Gives SCOTUS an Opportunity To Overturn a Federal Law That Makes Home Distilling a Felony
The 6th Circuit upheld that 158-year-old law, while the 5th Circuit concluded it could not be justified as a revenue measure.
The Trump Administration Is a Powerful but Unreliable Ally of Second Amendment Advocates
Even as the Justice Department files lawsuits aimed at vindicating gun rights, it undermines them in other cases.
How the ACLU Started Defending the Second Amendment
The civil liberties group, which long maintained that there is no constitutional right to arms, is singing a different tune at the Supreme Court.
Clarence Thomas Sets a New SCOTUS Record
Plus: A "supremely cringe" viral tweet about the Supreme Court
A Modest Uptick in Supreme Court Popularity
A recent YouGov poll shows the Court is likely less unpopular than before. The tariff ruling may have given it a boost. The poll has several other notable findings, as well.
Justice Alito Extends Administrative Stay of Mifepristone Order
The justices will consider what to do with the Fifth Circuit's mifepristone order for a few more days
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.
D.C. Circuit Seems Disinclined To Let Pete Hegseth Punish a Senator for His Speech
The defense secretary argues that military retirees like Sen. Mark Kelly are not allowed to say things he unilaterally deems "prejudicial to good order and discipline."
How Mortal Kombat Went From National Panic to Nostalgic Camp
Even with copious gore, the new movie is too tame to be a controversy. There's a lesson in its trajectory.
DOJ Challenges Denver's 'Assault Weapon' Ban and Colorado's Magazine Limit
Assistant Attorney General Harmeet Dhillon argues that both laws violate the Second Amendment by banning arms in common use for lawful purposes.
11 Big SCOTUS Cases That Will Be Decided Soon
From immigration and guns to executive power, transgender athletes, and mail-in ballots, these are the Supreme Court cases to watch out for in May and June.
Whatever Evidence the DOJ Has Against James Comey, It Cannot Transform '86 47' Into a Death Threat
Acting Attorney General Todd Blanche implausibly claims prosecutors can prove Comey "knowingly and willfully" threatened to murder the president.
Louisiana Says Men Are Spiking Women's Drinks With Abortion Pills. There's Scant Evidence of That.
Mail-order mifepristone is how countless women bypass abortion bans. That could soon change if Louisiana gets its way before the Supreme Court.
Trump's Responses to Kimmel and Comey Highlight His Contempt for Freedom of Speech
The president is not shy about using government power to punish people for saying things that offend him.
Why the Courts Will 86 the Flagrantly Unconstitutional Charges Against James Comey
The case defies more than half a century of rulings on the “true threat” exception to the First Amendment.
Gorsuch Says SCOTUS Is Doing 'Pretty Darn Well' in Handling the 'Hardest Cases'
The justice defends the Supreme Court as a model of respectful and principled adjudication.
Justice Alito Enters Administrative Stay of Mifepristone Order
The Court responds to the mifepristone shadow docket filings.
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.
Mifepristone Returns to the Shadow Docket
Drug makers seek interim relief after the U.S. Court of Appeals for the Fifth Circuit blocks FDA rule allowing mifepristone prescriptions via telemedicine. (With Update Below.)
SCOTUS Narrows the Reach of the Voting Rights Act
Plus: The Supreme Court says “demands for a charity’s private member or donor information” raises First Amendment problems.
This Supreme Court Case Could Determine the Fate of More Than 1.3 Million Migrants
If Trump can end temporary protected status for Haitian and Syrian nationals, don't expect it to stop there.
