What the Japanese Internment Case Teaches About Judicial Deference to Presidential Power
Long-ago debates about executive authority are not as distant as they might initially seem.
On National Guard Deployments, Trump Tells SCOTUS His Power Is 'Unreviewable'
Will the Supreme Court grant Trump the overwhelming judicial deference he demands?
SCOTUS Probably Won't Put Any New Limits on Warrantless Home Searches
The Supreme Court heard oral arguments this week about the "emergency aid exception" to the Fourth Amendment.
Is the Supreme Court's Shadow Docket Causing a 'Judicial Crisis'?
Multiple judges say SCOTUS is going out of its way to grant emergency relief to the president without even bothering to explain why.
Amy Coney Barrett Is Right To Reject 'Common Good Constitutionalism'
Limits on government power are a venerable and beneficial feature of our system.
Warrantless Searches, Tariffs, and the Unitary Executive: 3 SCOTUS Cases To Watch This Fall
In a new Supreme Court term packed with big cases, these disputes stand out.
After 20 Years as Chief Justice, John Roberts Is Now Friend and Foe to Executive Power
Which version of the chief justice will emerge in the Supreme Court’s newest term?
After Repeatedly Losing in Lower Court, Trump Asks SCOTUS To Review His Birthright Citizenship Order
Plus: Justice Anthony Kennedy wrote a book.
SCOTUS Is Now Poised To Overrule Humphrey's Executor, a 1935 Precedent Limiting Presidential Power
The Supreme Court will soon review the president’s authority to fire “independent” agency heads.
Trump's Latest Tariff Defense Asserts Uncheckable Executive Power
The president’s attempt to evade the major questions doctrine deserves to be rejected.
Trump's 'Firing' of Lisa Cook Is Headed for SCOTUS
Plus: Pam Bondi flunks free speech 101.
Amy Coney Barrett's Case for Originalism Falls Short
The Supreme Court justice’s new book fails to practice the historical fidelity it preaches.
Kavanaugh Flouts the Fourth Amendment and Blesses Trump's Racial Profiling
The justice’s stance on immigration enforcement is undermined by the facts of the case before him.
Prison Guards Forcibly Cut a Rastafarian Inmate's Dreadlocks. SCOTUS Will Decide If They Can Be Sued Over It.
The Supreme Court will hear Landor v. Louisiana Department of Corrections and Public Safety this fall.
2 Trump Cases To Watch as the Supreme Court Returns From Summer Break
Plus: A momentous date in the life of Frederick Douglass
Will SCOTUS Let Trump Fire Lisa Cook From the Federal Reserve?
Or will the justices say that Trump fired her for illegal reasons?
Is This the Supreme Court's Next Big Abortion Case?
Plus: An impressive book by a Supreme Court justice.
Is Gay Marriage Really Under Threat at the Supreme Court?
Asking SCOTUS to hear a case is not the same thing as convincing SCOTUS to hear a case.
Do Cops Still Need a Warrant To Search Your Home in an 'Emergency'?
SCOTUS will soon decide.
Was the Bill of Rights a Bad Idea? Some Founding Fathers Thought So.
Did they have a point?
Trump Asks Supreme Court To Bless Racial Profiling by Immigration Agents
The federal government has embraced unconstitutional tactics and now wants SCOTUS to do the same.
How Protectionist Wine and Liquor Laws Violate the Constitution
The Commerce Clause protects free trade between the states.
Trump's Immigration Crackdown Imperils the Fourth Amendment Rights of U.S. Citizens
A federal court says U.S. citizens “are likely to succeed in showing” that immigration agents violated their rights.
What Neil Gorsuch Gets Wrong About Judges and Government Power
Plus: Ozzy Osbourne, RIP.
The Problem With the Supreme Court's 'Shadow Docket'
Plus: Did Mario Vargas Llosa write the world’s greatest political novel?
A Free Speech Lesson From Karl Marx
Censorship tends to blow up in the faces of the censors.
The Class Action Threat to Trump's Birthright Citizenship Order
Plus: A fond farewell to Black Sabbath.
Trump Won't Enforce the TikTok Ban. Is That Constitutional?
The Constitution requires the president to “take Care that the Laws be faithfully executed.”
The Republican-Appointed Judge Decrying Trump's 'Deeply Disturbing' Attacks on the Rule of Law
When Arizona Supreme Court Justice Clint Bolick is worried about our constitutional order, we should all pay heed.
What Frederick Douglass Can Still Teach Us About the Fourth of July
Plus: What songs are on your Independence Day playlist?
Trump Is Now More Powerful Thanks to the Supreme Court. But Will It Last?
Plus: Conservatives won big overall this year at the Supreme Court.
Sotomayor Is Right. Trump's 'Third Country Removals' Raise Serious Due Process Worries.
The liberal justice faults the majority for leaving deportees to “suffer violence in far-flung locales.”
Trump's Unconstitutional Act of War
Plus: A criminal justice case that managed to unite Alito and Gorsuch.
Why MAGA Turned on Amy Coney Barrett
Plus: The Supreme Court upholds a state ban on transgender care for minors.
Don't Let Rights-Violating Federal Agents Dodge Accountability
Plus: The Texas Chain Saw Massacre on wax.
Trump's L.A. National Guard Deployment Stands on Shaky Legal Ground
Plus: When Stalin Meets Star Wars.
3 Supreme Court Cases To Watch in June 2025
Plus: The glorious return of drive-in movie season.
Overruling Trump's Tariffs Should Be an Easy Decision for SCOTUS
Plus: A love letter to the heavy metal band Slayer.
What J.D. Vance Gets Wrong About Judicial Deference to Executive Power
The federal courts are supposed to be a bulwark against presidential overreach, not a rubber stamp.
Trump Says Birthright Citizenship Is Only 'About the Babies of Slaves.' Historical Evidence Says Otherwise.
The 1866 debate over birthright citizenship included a debate over immigration.
Trump's Case Against Birthright Citizenship Is a Constitutional Loser
The text and history of the Fourteenth Amendment run counter to Trump’s executive order.
David Souter Shaped the Supreme Court Through the Backlash He Inspired
The late justice was appointed by a Republican but quickly established himself as a judicial liberal.
