Utah Needs More Housing. The Army Corps Shut Down 265 New Homes Because of a Small Ditch.
Despite the Supreme Court's best efforts to rein them in, federal regulators continue to abuse their authority under the Clean Water Act.
Supreme Court
Texas Requires the Ten Commandments Be Posted in Every Classroom. SCOTUS May Decide If That's Constitutional.
A major separation-of-church-and-state case lands at the Supreme Court.
ICE Admits It Investigated a Critic Based on Constitutionally Protected Speech
The agency’s attempt to intimidate David Streever is at the center of a First Amendment case.
Trump Courts Another Legal Defeat on Birthright Citizenship
Less than two months after losing at SCOTUS, Trump tries again with more misguided executive orders.
Euclidean Zoning: How Our 'Arbitrary and Oppressive' City Planning Scheme Got Its Name
Is it named after the father of geometry or a Cleveland suburb? Both.
Trump's Assault on Judicial Review Undermines a Crucial Safeguard Against Tyranny
In one case after another, the president has tried to cut the courts out of the picture painted by the Framers.
Virginia Man Argues His 'FTP&ATF' License Plate Is Free Speech. The Supreme Court Might Hear His Case.
A federal appeals court ruled that Curtis Whateley's anti-police vanity plate was private speech protected by the First Amendment. Virginia says it will seek review from the Supreme Court.
Puerto Rico Stole Roberto Clemente's Trademark. The Supreme Court Should Make It Pay.
Property rights are no less worthy of protection just because intangible property is at stake.
Trump's Ballroom Fight Could Make Courts Rethink 'National Security' Deference
Appealing to national security is not a "get-out-of-law-free card," a federal court ruled last week.
A Gun Ruling Highlights the Tricks Congress Uses To Evade Limits on Its Power
During the last century, the Commerce Clause has replaced the Taxing Clause as an excuse for federal legislation.
New Survey Data on Public Perceptions of the Supreme Court
A detailed Marquette Law School poll finds public views of the Court are modestly negative, but most major recent decisions enjoy majority public support.
Trump's New Birthright Citizenship Executive Orders Are Mostly Theater
The two measures combine unconstitutional provisions with performance art.
"What the 2025-2026 Supreme Court Term Revealed About the Roberts Court"
A new podcast from the National Constitution Center
Why James Madison Wanted Greater Limits on States' Rights
The “father of the Constitution” worried about federal and state overreach.
Elena Kagan's Warning to Progressives
The liberal justice wants the Supreme Court’s harshest progressive critics to chill out.
Amicus Brief in Suncor Energy v. County Commissioners of Boulder County
In the upcoming climate change case the Supreme Court should reject the industry and Trump Administration arguments for preemption-by-penumbra.
A New Jersey News Outlet Asks the Courts To Stop a Judge's Censorship
The judge concluded that a high school student's privacy interests trumped freedom of the press.
David Cole's Qualified Defense of the Supreme Court
The prominent liberal legal scholar and former ACLU leader outlines how the Court has often checked Trump, but also critiques it for going against precedent.
Trump Keeps Pushing Legally Dubious Tariffs
The president's latest round of broad import taxes, like the previous two, treats his statutory authority as an afterthought.
My New UnPopulist Article on Why "Court-Packing is a Dangerous Gambit Best Avoided"
It responds to a creative court-packing proposal put forward by Andy Craig.
Justice Kagan Rejects Charge that Supreme Court Is "Rubber Stamp" for Trump Administration
In recent remarks before the Ninth Circuit Judicial Conference, Justice Kagan rejects the conventional liberal narrative about the Supreme Court.
Brendan Carr Says ABC's Refusal To Air a Trump Speech Could Affect Renewal of Its Broadcast Licenses
The FCC chairman thinks the "public interest" standard is a license to interfere with freedom of the press.
From Weed to Whiskey: Is This the Supreme Court's Next Big Commerce Clause Case?
What’s at stake in Ream v. U.S. Department of the Treasury.
The End of Independent Agencies
The death of Humphrey's Executor was foretold, but some of the consequences may not have been anticipated.
Pennsylvania's Top Court Unanimously Rejects Warrantless Searches of Private Land
The justices said the "open fields" doctrine, a sweeping exception to constitutional privacy protections, does not apply in the Keystone State.
Supreme Court Agrees To Hear Case of Alaska Pilot Whose $95,000 Plane Was Seized Over a 6-Pack of Beer
Ken Jouppi's Eighth Amendment challenge asks the Court to decide whether a fine must be proportional to the gravity of the crime.
Is Court Packing Inevitable If Democrats Retake Congress and the White House?
Plus: a few words about The Odyssey
SCOTUS Said You Can't Lose Gun Rights for Smoking Pot. But You Could Still Lose a Government License To Work.
An old drug conviction could still stop you from waxing eyebrows, cutting hair, or giving massages.
New Jersey's Bans on Commonly Owned Rifles and Magazines Are Unconstitutional, the 3rd Circuit Says
In a decision written by a Joe Biden nominee, the appeals court addresses a long-simmering issue that the Supreme Court will consider during its next term.
A Pipeline Company Seized Their Land and Left Them With a $383,000 Bill. What Will the Supreme Court Say?
Leonard Hoffmann and his neighbors in North Dakota went to court to fight for fair market value—as the Constitution promises—after WBI Energy Transmission said it would take their land at a discount.
Justice Kagan Says Don't Call It the "Shadow Docket"
Justice Kagan tells Congress she prefers to call it the "emergency docket."
Illinois Will Finally Stop Stripping People of Their Home Equity—3 Years After the Supreme Court Outlawed It
Gov. J.B. Pritzker signed a bill that promises property owners will receive the surplus proceeds when the government seizes their home to satisfy a tax debt.
No, Congress Can't Just Overrule the Supreme Court on Birthright Citizenship
Plus: An unconstitutional war is back on.
4 Takeaways From the Supreme Court's 2025–2026 Term
From executive power to civil liberties, what to make of a momentous year at SCOTUS?
A New Jersey Judge Defies the First Amendment by Censoring News Coverage of a High School Lockdown
The judge contradicted Supreme Court precedents by ruling that a student's "privacy interests" trumped "the severe constitutional presumption" against prior restraints.
How the Right to Trial Became a Legal Fiction
Half a century after approving coercive plea bargaining, the Supreme Court is beginning to recognize its costs.
Clarence Thomas Doubled Down on Presidential Power
The conservative justice pushed for greater executive authority even in cases in which Trump won.
Video of National Constitution Center Conference on "2026 Supreme Court Review: Key Decisions, Executive Power, Civil Discourse"
Three different VC bloggers were among the speakers: Jonathan Adler, Keith Whittington, and myself.
The Supreme Court's 'Reasonable Expectation of Privacy' Test Defies Expectations
Neil Gorsuch proposes an alternative to a Fourth Amendment standard that has proven to be an unreliable safeguard against government snooping.
Can the Supreme Court Still Restrain Executive Power?
Clark Neily discusses the Supreme Court, executive authority, and why federal prosecutors wield too much power.
Supreme Court Begins Answering Lingering Questions About Constitutional Constraints on Gun Control
After upholding the Second Amendment rights of drug users and carry permit holders, the justices will address the constitutionality of "assault weapon" bans.
The Roberts Court vs. the Trump Court
Why Trump lost big in the Supreme Court cases he cared the most about
Can You Hate the Government and Still Love America?
Plus: World Cup tourists embrace America, the Supreme Court expands gun rights, and Europe's resistance to air conditioning
The DOJ Challenges Virginia's 'Assault Firearm' Law and California's Glock Ban
Assistant Attorney General Harmeet Dhillon argues that both laws are unconstitutional because they prohibit arms in common use for lawful purposes.
Will Trump v. Barbara End the Birthright Citizenship Debate? (UPDATED)
The Court may have ruled on birthright citizenship, but the debate over birthright citizenship and the Fourteenth Amendment is likely to continue.
Zohran Mamdani Goes Full Commie on Air Conditioning
Robby Soave and Christian Britschgi discuss NYC's air conditioning wars, birthright citizenship, 2010s comedy, and more!
The Supreme Court Agrees To Address the Constitutionality of 'Assault Weapon' Bans
The case could settle the long-simmering issue of whether the Second Amendment covers commonly owned but politically disfavored rifles.
