How Justice John Paul Stevens Shaped—and Misshaped—American Law
The retired Supreme Court justice has died at 99.
Judiciary
Neil Gorsuch Disappoints Libertarians, Votes To Uphold Protectionist Liquor Law
The conservative justice would have permitted a nakedly anti-competitive regulation.
Gorsuch and Alito Fight Over Criminal Sentencing and the Right to Trial by Jury
Another day, another conflict between the Supreme Court’s Republican appointees in a criminal justice case.
Kavanaugh Accuses Gorsuch of Judicial Activism in Criminal Justice Case
“The Court usually reads statutes with a presumption of rationality and a presumption of constitutionality.”
Clarence Thomas Benchslaps the Federal Government in a Property Rights Case
“Our role is to enforce the Takings Clause as written.”
In Sharp Dissent, Neil Gorsuch Faults SCOTUS for Letting the Attorney General 'Write His Own Criminal Code'
The conservative justice comes out swinging on behalf of the non-delegation doctrine.
Gorsuch, Thomas, and Kavanaugh Clash With Roberts and Alito Over Federal Preemption of State Regulation
Understanding today’s Supreme Court decision in Virginia Uranium, Inc. v. Warren
Neil Gorsuch and Stephen Breyer Butt Heads Over Judicial Deference to Federal Agencies
Understanding what's at stake in the important case of Kisor v. Wilkie.
What to Make of the Supreme Court's Latest Abortion Case
SCOTUS sidesteps the hard questions in Box v. Planned Parenthood of Indiana and Kentucky.
Utah State Trial Judge Disciplined for Anti-Trump Remarks in Courtroom
The Utah Supreme Court upheld a six-month suspension without pay, based in part (though not entirely) on these remarks; the judge has a history of past discipline on other grounds as well.
John Paul Stevens Is Still Trying To Defend the Kelo Debacle
In his new memoir, the retired justice seeks to justify his awful eminent domain ruling.
Court-Packing Plans Threaten Civil Liberties and the Separation of Powers
Ilya Somin of "The Volokh Conspiracy" discusses the dangers of liberal proposals to pack the Supreme Court.
A Leftist Makes the Case for Originalism
What’s worse for the left, a conservative originalist or a conservative living constitutionalist?
Brett Kavanaugh Flunks His First Test as an Originalist
Unlike Thomas and Gorsuch, Kavanaugh stayed mum on originalism in a major constitutional case.
A Libertarian Litigator Dons the Judge's Robes
Clint Bolick, a co-founder of the Institute for Justice, was for years one of the libertarian movement's most successful trial lawyers.
Harris County, Texas, Flashpoint of Bail Reform Battles, Will Mostly Eliminate Cash Demands in Minor Cases
Lawsuits playing out for three years spotlight how poor people end up trapped in jail even before being convicted.
Liberty Has a New Champion on the Federal Bench
Don Willett has championed economic freedom and accountability for cops.
Hail to the Chief!
We really should, as Chief Justice Roberts suggests, be thankful for the "independent judiciary" on this Thanksgiving Day.
Clint Bolick, Arizona's Libertarian Supreme Court Justice, Wins Judicial Retention Election
The justice prevailed by a lopsided margin of 71 percent to 29 percent.
Arizona Liberals Are Working Hard to Unseat This Libertarian Justice
Clint Bolick faces a judicial retention fight.
Judge Don Willett Stands Out on Criminal Justice Reform
The 5th Circuit judge weighs in on qualified immunity, criminal sentencing, and false imprisonment.
Judge Willett and Justice Sotomayor Attack Qualified Immunity for Cops
A libertarian-leaning federal judge and a liberal Supreme Court justice both make the case against qualified immunity.
Brett Kavanaugh Dodges Question About the 9th Amendment and Unenumerated Rights
The Supreme Court nominee recites precedent instead of explaining his views.
5 Questions for SCOTUS Nominee Brett Kavanaugh
What the Senate Judiciary Committee should ask the Supreme Court nominee.
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.
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.
