Clarence Thomas Upbraids SCOTUS for 'Prolonging Our Decade-Long Failure to Protect the Second Amendment'
"The fundamental protections set forth in our Constitution," Thomas writes, should be "applied equally to all citizens."
"The fundamental protections set forth in our Constitution," Thomas writes, should be "applied equally to all citizens."
The family of George Floyd probably won't be able to successfully sue Derek Chauvin in civil court because of qualified immunity, but they will help pay for the killer cop's retirement.
Pundits often speak of the judiciary in terms of liberal or conservative judges issuing liberal or conservative opinions. The reality is far more complicated.
The decision says the "unbridled and unfettered consolidation of authority in one unelected official" violates due process and the separation of powers.
Will progressives alienate allies and squander this opportunity for change?
Rep. Tom McClintock (R–Calif.) announced he will support the Ending Qualified Immunity Act.
“Officers don’t have the time to pull out law books and analyze the fine points of judicial precedent.”
With Trump opposed too, there's little hope that a serious police reform bill will get through Congress anytime soon.
The bill includes many items on police reformers' wishlists, but it would also pump more federal money to police departments instead of shrinking their budgets.
In it I explain how to reform a federal law the Supreme Court has interpreted as giving the president nearly unlimited power to ban migrants from entering the United States.
Sometime in 2021, the American people will be presented with a reorganized and newly empowered federal public health bureaucracy. As time passes, it will grow in size and scope.
The GOP claims to be the party of freedom. If that's true, they should rethink policies that embolden bad police behavior.
The justices weigh abortion, school choice, and federal anti-discrimination law.
If Congress extends boosted temporary unemployment benefits into early 2021, nearly five out of every six beneficiaries would be earning more money by not working.
Princeton's Omar Wasow talks about the complicated effects of civil rights demonstrations, police brutality, and racial fears on public policy.
Law enforcement, on his orders, violently dispersed nearby peaceful protesters.
"Although California's guidelines place restrictions on places of worship," Roberts wrote, "those restrictions appear consistent with the Free Exercise Clause of the First Amendment."
Plus: the return of the "outside agitator" narrative, Trump can't designate Antifa a terror group, and more...
Do mandatory, integrated state bar associations violate the First Amendment? Two justices would like the Court to reconsider this question.
Sen. Chuck Grassley says it's dead because lawmakers feared upsetting the president.
The right's response to the coronavirus lockdowns brings out a longstanding American paradox.
Plus: unrest in Minneapolis, Twitter labels Trump tweet, and more...
It's great that Gov. Gavin Newsom is finally looking at costs and benefits. But don't kid yourself. None of it has anything to do with "science."
Weak reforms to the government’s power to secretly snoop on Americans wasn’t enough for the president. What happens next?
A flawed argument for judicial passivity in cases of government regulation.
A former Bush Administration Justice Department official responds to Judge Michael Luttig's critique of Judge Sullivan.
Sen. Wyden withdraws support for amendment due to fears it has been weakened too much.
The House will consider a surveillance reform proposal that failed in the Senate by just one vote.
A former federal judge (and Supreme Court short-lister) on what Judge Emmett Sullivan (and his critics) got right, and got wrong
The disease control agency is a poster child for bureaucratic incompetence.
The idea is not so far-fetched.
Following Georgia's ruling in favor of a lactation consultant, Pennsylvania’s high court reviews another “unreasonable” occupational licensing scheme.
A president who can attach his own new conditions to federal grants to states could use that power to undermine state autonomy on many issues - especially now that federal spending has been massively expanded during the coronavirus crisis.
The ruling says the state's top health official exceeded her statutory authority by ordering "nonessential" businesses to close.
Congress created inspectors general to be watchdogs, but it's too weak-willed to protect those watchdogs from retaliation.
A local judge has concluded the State Health Director likely exceeded her powers under the Ohio Constitution
John Baker and Robert Miller identify an alternative
Courts are beginning to recognize that public health powers, while broad, are not a blank check.
"We have long interpreted the Georgia Constitution as protecting a right to work in one's chosen profession free from unreasonable government interference."
An under-the-radar environmental lawsuit could provide the Supreme Court another opportunity to revive the nondelegation doctrine.
A new paper by Thomas Frampton suggests most recent commentary concerning the Michael Flynn prosecution gets it wrong.
In a brief exchange during a recent oral argument, the Justice suggested the Court should reconsider giving states "special solicitude" under Massachusetts v. EPA
Businesses need to be able to adjust to a world where COVID-19 remains an ongoing concern.
We submitted another strange bedfellows amicus brief on severability in the Texas ACA case.
A seemingly arcane dispute about administrative law has profound implications for the limits of public health authority.
An effort by Sen. Rand Paul to forbid warrantless investigation of citizens was soundly defeated.