Some Reluctant Skepticism About the New Law Clerk Hiring Plan
An important post by Professor Aaron Nielson asks whether the new law clerk hiring plan is broken, and worse than no plan at all.
Judiciary
Trump Picks Record Number of New Judges
Assessing the president's lower-court selections.
SCOTUS Shortlister Brett Kavanaugh on Obamacare and Judicial Restraint
Reviewing the record of a possible replacement for Justice Anthony Kennedy.
SCOTUS Shortlister Raymond Kethledge on Free Speech, Gun Rights, Originalism, and Chevron Deference
Reviewing the record of a possible replacement for Justice Anthony Kennedy.
SCOTUS Shortlister Amy Coney Barrett on Overturning Precedent and Judicial Deference to Lawmakers
Reviewing the record of a possible replacement for Justice Anthony Kennedy.
A Libertarian on the Bench
Arizona jurist Clint Bolick targets judicial pacifism in medical marijuana case.
Why the Trump Administration Keeps Losing in Court on Sanctuary Cities
It's all about the Constitution.
Why the Summer Zervos Lawsuit Is Bad News for Donald Trump
"The President of the United States has no immunity and is 'subject to the laws' for purely private acts."
The Unpublished Dissent in Cooper v. Aaron
"Of all the tribunals this is the one that should stick to the rules."
No Fourth Amendment Protections Against Warrantless Cell Phone Searches at U.S. Border, Says Federal Court
"Border searches never require a warrant or probable cause."
What Do Judges Think of Chevron?
It appears that Justice Neil Gorsuch is far from the only one who questions the wisdom of Chevron deference and other findings from a new survey of federal judges.
The Judicial Nomination Train Keeps Rolling
Whatever else the Trump Administration is (or is not) doing, it continues to announce excellent judicial nominees for federal appellate courts - while showing it's capable of working with Democratic Senators.
Mitch McConnell Thinks His Greatest Achievement Is the Judges His Senate Confirmed
The Senate confirmed a record number of federal appellate court nominees in 2017.
Man Incarcerated for 6 Years Without a Trial Because He Demanded a Speedy Trial
What the 2nd Circuit's opinion in U.S. v. Tigano reveals about the state of our criminal justice system
The Originalist Case for Jury Nullification
Is there a place in our system for a jury to acquit because the jurors believe the underlying law is unconstitutional?
How the Supreme Court Is Aiding and Abetting Occupational Licensing Abuse
Williamson v. Lee Optical of Oklahoma, Inc. should be overruled.
New York City Unleashes Eminent Domain Abuse on Immigrant Dry Cleaners in East Harlem
Another day, another shady land grab scheme by New York officials.
Federal Judge Blocks Trump from Rescinding Obama's Deferred Action for Childhood Arrivals Program
Citing Trump's "flawed legal premise," a federal court temporarily stops the administration from ending DACA.
Kamala Harris Now on Senate Judiciary Committee; Bad News for Second Amendment
The former California attorney general has a long history of hostility to Second Amendment rights.
Blame the Supreme Court for Letting the Feds Target Legal State Pot
The awful precedents that helped empower Attorney General Jeff Sessions
When Judges Rule from Beyond the Grave
It seems some judges hold their offices for life . . . at least.
Trump's Record on Judges
Recent focus on a few failed trial court nominations obscures impressive record of stellar nominees for appellate courts.
Justices Alito and Gorsuch Clash Over Cellphones, Privacy, and Property Rights
Oral arguments in Carpenter v. U.S. reveal a division between two conservative justices.
Senate Confirms Libertarian-Minded Jurist Don Willett to Federal Judgeship
Willett confirmed to a seat on the 5th Circuit by 50-47 vote.
Did the Alabama Special Election Increase the Odds of Justice Kennedy's Retirement?
If Anthony Kennedy would like to see his successor confirmed by the Senate, he might decide June 2018 is a good time to go.
Trump's Executive Order on Sanctuary Cities Flunks the Constitutional Test
Why the Trump administration lost in federal court.
13 Non-Pedophile Reasons Why You Can Hate Roy Moore
Just when you thought you couldn't like Moore any less.
Democrats Are Increasingly Comfortable With Religious Tests
Attempting to create the impression that faithful Christians whose beliefs are at odds with newly sanctified cultural mores are incapable of doing their job.
From Bork to Willett: Is the Conservative Legal Movement Going Libertarian?
Libertarian legal ideas are gaining ground.
Gorsuch Calls Trump's Attacks on Judges 'Disheartening' and 'Demoralizing'
The president dismisses his SCOTUS nominee's objections.
President Trump's Travel Ban Requires Intellectual Honesty and Political Indifference on the Part of Judges
The president has the right to set policy, and the judiciary has the duty to prevent the trampling the rights of an unpopular minority.
Foreign Policy is Not For the Courts to Determine
The federal judge who halted President Trump's travel ban overreached.
Alabama's Chief Justice Faces Possible Ejection over Gay Marriage Resistance
It would be the second time Roy Moore was stripped of his title.
Glenn Ford Spent 30 Years on Death Row, Was Exonerated, Died, Yet is Still on Trial
A judge makes unfounded accusations against a dead man whose life was stolen to save the state from "automatic financial liability."
Sure Merrick Garland is Qualified But That's Not Enough
Randy Barnett of Georgetown University Law Center says we need to look beyond qualifications to judicial philosophy.
Donate to Reason! Because Judges Cite Our Work When Telling Government to Back the Hell Off
Your tax-deductible donations helped produce a legal free-speech victory just this week
What It's Like to Explain Jury Nullification to a Sitting Judge
Don't assume I agree to enforce absurd laws.
Should the Supreme Court Allow Us to "Go to Hell"?
Reason's Damon Root on The Long War for Control of the U.S. Supreme Court
Wisconsin Chief Justice Suing to Keep Job After Voters Approve New Amendment
The amendment has the elected court electing its own chief justice every two years, rather than a seniority rule.
