Can the Feds Ban You From Making Liquor in Your Own Home?
A challenge to the federal prohibition on home distilling could give the Supreme Court a chance to rein in Congress’ Commerce Clause power.
Supreme Court
Supreme Court Blocks Missouri's Messy, Trump-Backed Gerrymandering Fight
The decision ends a yearlong legal war spanning multiple lawsuits, contradictory state and federal court orders, and repeated appeals to the Supreme Court.
How a Street Brawl Led to a 5th Circuit Case That Casts Doubt on the Constitutionality of Many Federal Laws
Challenging his conviction for illegal gun possession, Curtis Squire argues that the Commerce Clause cannot justify bans on intrastate, noncommercial conduct.
Critics of AR-15 Bans Urge SCOTUS To Reject the 7th Circuit's Distinction Between Civilian and Military Arms
Given the Second Amendment's history, several briefs argue, a gun's suitability for militia service suggests Americans have a right to possess it.
Court Packing Is a Bad Idea. But It's Still Constitutional.
Unwise policies are not always unlawful policies.
Urging SCOTUS To Reject AR-15 Bans, the Trump Administration Explains Why They Are Unconstitutional
The case hinges on the distinction between "unusual" weapons and arms in common use for lawful purposes.
A SCOTUS Petition Argues That the Second Amendment Requires Carry-Permit Reciprocity
Meanwhile, the top court of Massachusetts considers whether the state can deny carry permits to applicants who are deemed "unsuitable."
Will the Supreme Court Hear the 'Case About Swinging Dicks'?
Olympus Spa—an all-female, nude establishment in Washington state—sued after the government said it had broken the law by refusing to accept a preoperative transgender woman. But the case is more complicated than it looks.
Do You Have the Right To Possess an AR-15? The Supreme Court Will Soon Decide.
The Supreme Court has agreed to hear a pair of cases involving rifle restrictions imposed by Connecticut and Cook County, Illinois.
John Roberts Overruled Trump's Tariffs. But He Can't Seem To Stop Trump's Ballroom.
The chief justice finds himself in dissent in his latest showdown with the president.
Trump's White House Ballroom Is a Monument to His Lawlessness
By unilaterally razing and replacing the East Wing, the president again shows his disregard for the rule of law and the separation of powers.
Kalshi Says It's a Prediction Market. The 9th Circuit Says It's Gambling.
Prediction markets can no longer offer sports event contracts in Nevada after the appellate court's decision, giving other states a roadmap for regulating the platforms.
Is This the Supreme Court's Next Sports Betting Case?
Plus: SCOTUS allows Trump’s White House ballroom construction to proceed.
The 8th Circuit Lets the Government Retroactively Repair Unconstitutional Gun Cases Against Pot Smokers
A SCOTUS petition argues that the practice, which allows a judicial finding of dangerousness based on a preponderance of the evidence, violates the Fifth Amendment.
Is Alito Making the Same Mistake as Ginsburg by Refusing To Retire?
The conservative justice is sticking around on the Supreme Court. Will conservatives come to regret it?
A Limited Supreme Court Win for Trump on Mail-In Ballots
But the legal fighting will continue in the lower courts.
Voting by Mail
Plus: A 911 glitch, the disappearance of the menhaden, the deportation of a Navy sailor's dad, and more...
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.
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.
