Should Justice Barrett Recuse from 2020 Election Litigation? (Updated)
There's no precedent for a recusal, but there's also no precedent for the current situation.
Law & Government
Amy Coney Barrett on Lochner and the 14th Amendment
The Supreme Court nominee weighs in on a famous case.
This Judge Is Wrong About Economic Liberty and the Constitution
Perhaps Pennsylvania Supreme Court Justice David Wecht ought to read more history, starting with the speeches of the late Rep. John Bingham.
Gray Center Administrative Law Supreme Court Preview - Today
A Supreme Court Preview panel that focuses on administrative law.
Trump Grants Clemency to 5 More Federal Prisoners
All five cases were recommended to the White House by commutation recipient Alice Marie Johnson.
Libertarian Lawmakers or Libertarian Laws?
Advancing laws that further libertarian objectives, no matter who champions them, looks like the surer route to our preferred ends.
What Should Have Happened at the Amy Coney Barrett Hearings
"This is probably not about persuading each other unless something really dramatic happens," said Sen. Lindsey Graham (R–S.C.)
Ted Cruz Threatens To Force Facebook and Twitter Heads To Testify About Hunter Biden Article
Plus: Supreme Court won't stop Pennsylvania from counting late ballots, proposed amendment would limit Court to nine justices, and more...
Senate Republicans Sour on Trump as They Try To Save Their Majority
Sens. John Cornyn and Ben Sasse have spoken out sharply against Trump's policies and character as the election nears.
Supreme Court Decides to Take a Border Wall Case
The implications of this move are as yet unclear.
You Can't Always Trust What You Hear Online, and Congress Has Some Ideas About Fixing That
The House Intelligence Committee is mulling ways to stop an "infodemic." Is this really a task we want the government to tackle?
Amy Coney Barrett's "Suspension and Delegation"
As a professor, Judge Barrett expressed a skepticism of Executive Power that is uncommon among Republican nominees.
Do Originalists Ignore the Reconstruction Amendments?
The accusation is often made. But it simply isn't true.
How Big Can the Ninth Circuit Get?
The Judicial Conference is recommending additional judges for what is already the largest
Defendant Says He'd Never Try to Have Nonconsensual Sex; Is Accusation from When He Was 15 Admissible in Response?
Bonus fact: The majority opinion was written by a male judge, joined by three female judges (one of them a former sexual assault prosecutor). The dissent was written by a male judge.
Is the Senate Filibuster a 'Jim Crow Relic'?
The filibuster is not inherently a tool of oppression simply because segregationist politicians in the 1950s and '60s found it useful.
Delegation and Nondelegation at the Founding
A burst of recent scholarship exploring the Originalist case for and against the nondelegation doctrine.
Amy Coney Barrett's Confirmation Hearings Were a Master Class in Political Posturing
Americans likely learned very little about her judicial philosophy.
OK to Use Evidence Indirectly Obtained Using Facial Recognition Software
The results of facial recognition software might not be admissible evidence—but the police are allowed to use them to generate admissible evidence.
The Next COVID Stimulus Bill Could Cost Trillions of Dollars or Might Not Happen at All
There's a fox, a goose, and a bag of grain. And a hippopotamus in the middle of the river.
Trump Can End Census Now, Says Supreme Court in Ruling That Could Have Big Impact on House Seats
Plus: DOJ sues over Melania Trump adviser's book, Justice Clarence Thomas wants to limit Section 230, and more....
Due Process for Butterflies in the D.C. Circuit
The North American Butterfly Association will get the chance to press its Fifth Amendment claims against the Department of Homeland Security.
Supreme Court to Consider Constitutionality of Administrative Patent Judges
The Court adds an important Appointments Clause case to the docket.
Emergency Coronavirus Orders Upheld in Wisconsin, Rejected in Michigan
Plus: Pandemic brings rise in electronic ankle monitoring, a court rules on stimulus checks for incarcerated people, and more...
Big Tech Is Just the Beginning: House Dems Seek Major Changes to Antitrust Law
Enforcement is supposed to be about protecting "consumer welfare." Overturning that goal would be bad for all of us.
Senate Democrats Have Stopped Attacking Amy Coney Barrett's Faith for Now
Republicans understandably prepared for attacks on Barrett's faith which thankfully haven't materialized.
Tom Cotton Won't Debate His Libertarian Challenger. The Event Will Happen Anyway.
Ricky Dale Harrington is polling at 38 percent in a two-way race against one of the leading voices of the GOP's ascendant authoritarian nationalism.
Democratic Warnings That Confirming Amy Coney Barrett Would Doom Obamacare Are Implausible and Confused
There is little reason to think Barrett would vote to overturn the Affordable Care Act, which in any case seems legally secure.
Coronavirus in Congress Won't Stop Barrett Confirmation Hearings, Which Start Today
Plus: $150,000+ in fines in NYC's first weekend of new shutdowns, California ballot-box confusion, and more...
Debt Reckoning
After years of federal fiscal recklessness, is Washington's bill finally coming due?
Ninth Circuit Rules Against Trump's Diversion of Military Construction Funds to Build his Border Wall
The divided 2-1 decision is the first court of appeals ruling to rule on the legality of a key part of the funding diversion effort.
Be Patient: We Might Not Know Who Won the Election Right Away
Mail-in ballots typically take days or sometimes weeks to be counted, so don't expect results on Election Night this year.
COVID-19 Demonstrates the Need To Change Nuclear Weapon Launch Authority
Giving one man control of all nuclear weapons is a mistake.
House Antitrust Report Hits Apple, Amazon, Facebook, and Google
Plus: Tech companies respond, proposed H-1B visa changes, and more...
An Overdue Rebuke to Politicians Who Think Anything Goes in a Pandemic
Two courts say COVID-19 lockdowns in Michigan and Pennsylvania were unconstitutional.
Originalism and Personal Jurisdiction
The original rules might not be found in the text.
No Stimulus Before the Election, Trump Says, but Expect More Spending No Matter Who Wins
It is an abrupt reversal for Trump, who as recently as Saturday had voiced his support for another stimulus package.
Two Justices Really Want To Revisit Gay Marriage Ruling. Let's Not Panic, Please.
Clarence Thomas and Samuel Alito worry about the future of religious freedom. That’s not the same as a call to overturn the decision.
Environmental Law in the Roberts Court
The Supreme Court decides a decent number of environmental cases, but does not seem particularly interested in environmental concerns.
Michigan Supreme Court Strikes Down Gov. Gretchen Whitmer's COVID-19 Executive Orders
Whitmer helped spark a national debate over the limits of executive power.
Here's Who Has Tested Positive for COVID-19 in Congress and the White House
Plus: Texas attorney general accused of bribery, Homeland Security wants credit reports on immigration sponsors, and more...
Federal Court Rules Against Trump's Work Visa Ban
The court concludes that the ban is illegal in large part because the broad authority claimed by the president violates the nondelegation doctrine.
Will the Senate Have a Quorum to Confirm Judge Barrett? (Updated)
As more senators test positive for COVID-19, the ability of the Senate to conduct business is threatened.
Public Disclosure of Presidential Illnesses
A useful summary of how White Houses are not always forthcoming about medical issues afflicting Presidents.
The Case Against Biden: Joe Biden's Politics of Panic
The former vice president has a long history of reckless responses to the menaces du jour.
