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.
Supreme Court
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.
Solicitor General Asks Supreme Court to Eighty-Six Energy Conservation Rule
The Trump Administration is refusing to defend a D.C. Circuit decision upholding a flawed energy conservation ruie.
Unanimous Supreme Court Affirms Standing to Challenge Subpoena for Info on Financial Supporters
The Court dispatches with an easy case the lower courts should have gotten right.
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.
Does Roundup Cause Cancer? Monsanto's Supreme Court Case Could Have Big Impacts on the Food Industry.
The Court’s glyphosate case could reshape legal liability—and undermine evidence-based regulation.
SCOTUS Weighs 'Geofence Warrants' and the Future of Digital Privacy
The government wants access to millions of cell phone location histories. The Supreme Court will decide what the Fourth Amendment allows.
Justice Breyer Says Not to Worry about the Shadow Docket
A retired liberal justice does not credit the shadow docket hysteria, nor does former Judge Michael McConnell
Justice Clarence Thomas on the Declaration of Independence
Remarks by the current Supreme Court's longest-serving justice that stoked controversy.
Allowing Censorship of Military Retirees Like Sen. Mark Kelly Would Set a Chilling and Dangerous Precedent
To justify punishing a legislator for his speech, a FIRE brief notes, Defense Secretary Pete Hegseth relies on a Supreme Court precedent that is clearly inapposite.
Do the Supreme Court "Shadow Papers" Reveal Supreme Court Hypocrisy?
William Baude and Richard Re respond to a common narrative
Trump's Illegal Tariffs Are Finally Being Refunded. Will You Get Any of the Money?
The burden of Trump's illegal tariffs was spread across the American economy. The refunds likely won't cover all those costs.
What Would It Take to Tame the "Shadow Docket"?
Those who don't like how the Supreme Court handles requests for interim relief might like solutions to the problem even less.
A Rare SCOTUS Case That Pitted Thomas Against Alito
Plus: Does Trump expect to lose the birthright citizenship case?
Houston Irks Texas Gov. Greg Abbott by Reminding Cops To Comply With the Fourth Amendment
The governor is threatening to defund the police because of an ordinance noting that an ICE administrative warrant "does not justify a stop, arrest, or continued detention" by city officers.
Stephanie Barclay on "The Emergency Docket's Mistaken Birthday"
Contrary to what some believe, the Clean Power Plan was not the first executive branch action stopped on the "Shadow Docket."
Reading the Clean Power Plan "Shadow Papers" in Context
More of what's been absent from discussions of the recently released Supreme Court memoranda, with commentary by Davis and Re.
