In his Dobbs concurrence, the senior associate justice reiterates his outlying views on precedent and his belief that all substantive due process decisions were "demonstrably erroneous."
Rule of law
Chicago Mayor Lori Lightfoot Says People Charged With Violent Crimes Are Guilty Because Prosecutors Say So
"When those charges are brought, these people are guilty," Lightfoot said.
Language in the American Rescue Plan Act prohibits states from using the funds "directly or indirectly" to offset lost revenues from tax cuts.
A revealing interview on the Supreme Court, Chief Justice Roberts, climate change, and Tribe's tweeting habits.
The president’s COVID-19 adviser embodies the arrogance of technocrats who are sure they know what’s best for us.
If the CDC's Mask Mandate Is 'Necessary for the Public Health,' Why Didn't the DOJ Seek a Stay To Restore It?
The Biden administration's main priority seems to be leaving the agency's authority vague enough to allow future interventions.
That's a fundamentally anti-democratic attitude.
The DOJ Is Reluctant To Continue Defending the CDC's Mask Mandate Because It Worries It Will Lose Again
Clarifying the agency's authority could impede future power grabs.
The decision against the rule hinged on whether the agency had the power it asserted.
Local Lawyers Think 'Gross Negligence' Explains an Unlawful Murder Charge Based on a 'Self-Induced Abortion'
Starr County District Attorney Gocha Allen Ramirez has yet to explain how this egregious error escaped his notice.
Texas Prosecutors Blatantly Ignored the Law When They Charged a Woman With Murder 'by a Self-Induced Abortion'
As Starr County District Attorney Gocha Allen Ramirez belatedly conceded, that charge is explicitly prohibited by the Texas Penal Code.
The question for the Supreme Court was not whether the policy was wise but whether it was legal.
S.B. 8 relies on litigation tricks that conservatives have long condemned as a threat to the rule of law.
Thwarted politicians rant, pout, and are outraged by anybody who pushes back.
The president seems determined to anoint the agency’s director as the nation’s COVID-19 dictator, no matter what the law says.
Critics of the SCOTUS Decision Against the CDC's Eviction Moratorium Might Miss the Rule of Law When They Need It
The Court said it "strains credulity" to believe that Congress gave the CDC the "breathtaking amount of authority" it asserted.
Will Illinois Give Government Worker Unions a Constitutional Right To Overrule Laws They Don't Like?
Taking the "public" out of public service
The administration issued the order even while conceding that it lacked the authority to do so.
If the CDC Can Impose a Nationwide Eviction Moratorium, Why Can't It Impose a Nationwide Vaccine Mandate?
It could, if it actually had the vast public health powers that the Biden administration claims it does.
At Least 5 Justices Seem To Think the CDC's Eviction Moratorium Is Illegal. SCOTUS Left It in Place Anyway.
Brett Kavanaugh, who provided a crucial fifth vote, said he agrees that the CDC does not have the authority to override rental contracts.
The agency’s legal defense of its eviction moratorium implies that it has vast powers to order Americans around.
Legal scholar Dan Farber explains how the vast executive discretion created by current immigration law is incompatible with rule-of-law principles.
A new book documents that newcomers revitalize beliefs in hard work, property rights, and the rule of law.
These proposals augment those made in Paul Rosenzweig and Vishnu Kannan's important recent article on the subject.
Chuck Schumer's Trumpian Attack on the Supreme Court Threatens the Judicial Independence That Democrats Claim To Defend
The Senate minority leader threatened two justices by name, and then he lied about it.
The president remains frankly puzzled by the distinction between can and should.
The Fox News legal analyst is driven by principle, not power. That's a rare commodity in today's environment.
Putin has every intention of staying in charge.
Trump is just who he said he'd be four years ago. By rallying around him, Republicans are choosing to brand themselves in his image.
When "almost anyone can be arrested for something," no one is safe.
A recent dissenting opinion by Supreme Court Justice Neil Gorsuch highlights some of the dangers of the enormous scope of modern criminal law.
Since the accessories are legal, Attorney General Jeff Sessions is helping the president rewrite the law.
In theory, yes. But not in the world we actually live in, where law enforcement is already rife with numerous discretionary decisions made unavoidable by the fact that we have far too many laws.
Once the trust in checks and balances is eroded, it's difficult to regain.
A speech on respecting rule of law and transparency from an administration that did neither.
Libertarian legal scholar Randy Barnett on what Trump's victory means for the Supreme Court and our constitutional rights.