The New FCC Chairman's Agenda Contradicts Conservative Principles
Brendan Carr’s plans for "reining in Big Tech" are a threat to limited government, free speech, free markets, and the rule of law.
Supreme Court
The Math Does Not Favor Avoiding Senate Scrutiny of Trump's Bizarre Cabinet Picks
Several Republican senators have said they are not inclined to abdicate their "advice and consent" role in presidential appointments.
Supreme Court Won't Hear a Qualified Immunity Case Where a Cop Disclosed an Abuse Report to a Woman's Abuser
Desiree Martinez says police officers ignored her attempts to report her abusive boyfriend, who was also a cop. Those officers now have immunity from her lawsuit.
Justice Gorsuch Wants To Hear More (Takings) Cases
Justice Gorsuch shows more interest in property rights challenges than his colleagues on the Court.
Supreme Court Refuses to Resurrect the Kids Climate Case
Unsurprisingly, no justice showed any interest in reviving a lawsuit that should have died long ago.
Federal Judge Enjoins Enforcement of the Illinois 'Assault Weapon' Ban
U.S. District Judge Stephen McGlynn says the law bans firearms covered by the Second Amendment and is not supported by historical precedent.
During Trump's Second Term, the Supreme Court's Critics Will Be Grateful for Its Restraining Influence
The justices, including Trump's nominees, have shown they are willing to defy his will when they think the law requires it.
The FBI Wrongly Raided This Family's Home. A Bipartisan Group of Lawmakers Wants the Supreme Court To Step In.
A federal court denied them the right to sue—despite Congress enacting a law five decades ago specifically for situations like this one.
Citizen Journalism Is Under Attack. This Texas Woman Is Fighting to Save It.
After being arrested for doing journalism, Priscilla Villarreal has taken her fight to the courts.
After 100 Years, End the Open Fields Doctrine
Federal agents are allowed to search private property without a warrant under this Prohibition-era Supreme Court precedent.
A Look Back at the Panic Over Big Money in Politics
Law professor Ann Southworth offers a balanced take on the fallout from the Supreme Court's Citizens United decision.
SCOTUS Case Involving Cannabis Fraud Highlights the Illogic of Federal Drug Testing Mandates
A trucker lost his job because he tested positive for marijuana after consuming a supposedly THC-free CBD tincture.
Should We Trust the 2024 Election Polls?
Plus: A listener asks the editors if the prospect of Supreme Court nominations is reason enough to favor Trump over Harris in this year’s presidential election?
Supreme Court to Tackle Who Can Sue Agencies Where and for What
With today's cert grants, the Court now has four cases that address the issue of where suits can be filed against federal agencies and who can file them.
Justice Kagan Does Not Like INS v. Chadha
Another interesting aside in the Royal Canin oral argument.
Justices Alito and Sotomayor on How Courts Read Dicta
An amusing and potentially revealing exchange in a recent oral argument.
Supreme Court Refuses to Stay Biden EPA Power Plant Rule
Some were surprised by the Supreme Court's action, but they should not have been.
Biden Thinks He Found a Student Loan Loophole
Is this latest attempt at student debt forgiveness a serious policy or a pre-election ploy?
This Reporter Was Arrested for Asking Questions. The Supreme Court Just Revived Her Lawsuit.
Priscilla Villarreal's case is about whether certain reporters have more robust free speech rights than others.
Police Want the Password to Your Phone
Without a warrant and specific proof of incriminating evidence, police should never be allowed past your phone’s lock screen.
SCOTUS Revives Lawsuit Against Missouri Cop Who Jailed a Man 'for Being an Asshole'
Mason Murphy says Officer Michael Schmitt violated his rights by punishing him for constitutionally protected speech.
The First Real Judicial Filibuster
Remembering the first time a partisan Senate minority blocked a judicial nomination that enjoyed majority support.
Business and the Roberts Court Revisited
An examination of how Donald Trump's appointments to the Supreme Court have affected business interests.
If You See the Trump Biopic Before Election Day, Thank Citizens United
At its core, the oft-denigrated decision revolved around whether the government can censor information leading up to an election.
Kamala Harris Says She Owns a Handgun—Despite Fighting To Ban Others From Doing the Same
Journalists should be interested in interrogating this contradiction, should the 2024 presidential candidate continue giving interviews.
Neither Harris Nor Trump Is a Friend of Free Speech
Both presidential candidates (and their running mates) seem confused about the constraints imposed by the First Amendment.
Most Justices Seem Inclined To Uphold the ATF's New Restrictions on Homemade Firearms
The Supreme Court is considering whether a rule targeting "ghost guns" exceeds the agency's statutory authority.
A Texas Cop Endangered Himself by Jumping Onto a Moving Car. Then He Shot the Driver.
The Supreme Court will review a 5th Circuit decision that let the officer off the hook without considering the recklessness that turned a routine traffic stop into a deadly encounter.
Review: Neil Gorsuch Says There Are Too Many Laws
No one knows how many federal crimes there are, the Supreme Court justice notes in Over Ruled.
Governments Are Still Stealing People's Home Equity Over Modest Tax Debts
A handful of states use loopholes to get around a Supreme Court ruling that declared the practice unconstitutional.
Previewing the Next Supreme Court Term (Updated)
A panel examining what is in store for October Term 2024.
Justice Kavanaugh Warns Against Over-Reading Loper Bright Decision
The Court's decision to overturn Chevron should be seen as more of a "course correction" than a revolution. (Updated with Video.)
Second Circuit Rules Intent To Racially Balance NY High Schools Is Unconstitutional
Judge Joseph Bianco’s decision emphasizes that constitutional rights and protections belong to individuals, not groups.
Will SCOTUS Take on New York's Latest Eminent Domain Scam?
Two brothers are asking the Supreme Court to stop their town from using eminent domain to steal their land for an empty field.
Kannon Shanmugam on the Legitimacy of the Supreme Court
A prominent appellate practitioner responds to recent attacks on the justices and the Court.
These Pro-Lifers Don't Love Abortion Bans
Reason talked with pro-life Americans who are uncomfortable with the post–Roe v. Wade abortion policy landscape.
A Critique of Justice Kagan's Supreme Court Ethics Reform Proposal
Could a panel of lower court judges evaluate ethics complaints against Supreme Court justices?
Drones Face Supreme Court Showdown Over Free Speech Rights
State boards use outdated laws to target content creators, raising urgent questions about free speech in the digital age.
A Texas Reporter Was Arrested for Asking Questions. The State Says That's No Big Deal.
Opposing Priscilla Villarreal's petition for Supreme Court review, Texas Attorney General Ken Paxton portrays basic journalism as "incitement."
A Movie Mirrors the Stranger-Than-Fiction Reality of Civil Asset Forfeiture
The outrageous seizure at the center of Rebel Ridge resembles real-life cash grabs.
Alliance for Hippocratic Medicine on Remand—Still Struggling with Standing
No, the U.S. Court of Appeals for the Fifth Circuit's initial standing rulings were not faithful applications of Supreme Court precedent.
Final Published Version of My Article "A Lost Opportunity to Protect Democracy Against Itself: What the Supreme Court Got Wrong in Trump v. Anderson"
It is now available on SSRN. The article critiques the Supreme Court's decision in the Trump Section 3 disqualification case.
A Last Ditch Attempt to Bring Kids Climate Case Back from the Dead
The plaintiffs in Juliana v. United States are seeking Supreme Court intervention to revive their case against the federal government.
A Modest Revelation About Trump v. Anderson
Recent New York Times reporting about the Court's deliberations on the case modestly reinforces the view that the Court ruled that disqualification from office-holding under Section 3 requires congressional legislation.
A Conversation with Solicitor General Elizabeth Prelogar
One of the nation's finest oral advocates discusses representing the United States in the Supreme Court and other topics.
The Supreme Court Reined in Federal Regulators. What Happens Now?
The Court this year reversed Chevron, a decades-old precedent giving bureaucrats deference over judges when the law is ambiguous.
9th Circuit Partly Upholds Injunctions Against Location-Specific Gun Bans in California and Hawaii
The ruling says some restrictions on guns in "sensitive places" are constitutionally dubious but upholds several others.
A Federal Judge Says Carry-Permit Holders Have a Right to Armed Self-Defense on Public Transit
The ruling concludes that the government failed to show an Illinois ban is "consistent with this Nation's historical tradition of firearm regulation."
