Gorsuch Warns About Executive Overreach While Expanding Trump's Power
The Supreme Court extended presidential control over federal agencies. What could go wrong?
On Marijuana and Guns, Clarence Thomas Still Wants To Limit Federal Power
The conservative justice continues to wage a lonely legal crusade over the Commerce Clause.
The Founders Revered the Right to Trial by Jury. Will SCOTUS Now Follow Their Example?
Understanding the stakes in Kian v. Florida
Trump, Scalia, and the Unitary Executive
How a four-decade-old dissent may now help the president fire independent federal agency heads at will
Gordon Wood's Enduring Defense of the American Revolution
Plus: When tattoos meet copyright law
Thomas and Alito Shortchange the Bill of Rights in Another Criminal Justice Case
Plus: a few words about my new book
Thomas and Alito Take a Regrettable Position in a Qualified Immunity Case
The two judicial conservatives continue to disappoint criminal justice reform advocates.
SCOTUS Term Limits May Be a Good Idea. But They Still Require a Constitutional Amendment.
Lifetime tenure for federal judges has been the constitutional practice since ratification.
How Much Deference Does SCOTUS Owe to Congress?
Should it take more than a 5–4 vote for the Supreme Court to strike down a federal law?
Clarence Thomas Sets a New SCOTUS Record
Plus: A "supremely cringe" viral tweet about the Supreme Court
11 Big SCOTUS Cases That Will Be Decided Soon
From immigration and guns to executive power, transgender athletes, and mail-in ballots, these are the Supreme Court cases to watch out for in May and June.
Gorsuch Says SCOTUS Is Doing 'Pretty Darn Well' in Handling the 'Hardest Cases'
The justice defends the Supreme Court as a model of respectful and principled adjudication.
SCOTUS Narrows the Reach of the Voting Rights Act
Plus: The Supreme Court says “demands for a charity’s private member or donor information” raises First Amendment problems.
SCOTUS Weighs 'Geofence Warrants' and the Future of Digital Privacy
The government wants access to millions of cell phone location histories. The Supreme Court will decide what the Fourth Amendment allows.
A Rare SCOTUS Case That Pitted Thomas Against Alito
Plus: Does Trump expect to lose the birthright citizenship case?
The Supreme Court's 'Shadow Docket' Has Sprung a Leak
Plus: a credible new report on the Alito retirement rumors.
When the U.S. Censored a Movie About the American Revolution and Imprisoned Its Producer
Remembering the infuriating case of United States v. “The Spirit of ’76.”
When SCOTUS Did Lasting Damage to the Bill of Rights
Plus: The Alito retirement rumors keep swirling.
The Supreme Court's Next Big Fourth Amendment Case
How the digital privacy rights of millions are at stake in Chatrie v. United States.
Why SCOTUS Ruled 8–1 Against Colorado's 'Conversion Therapy' Ban
Understanding the Supreme Court’s decision in Chiles v. Salazar.
Gorsuch, Barrett, and Roberts Raise Fatal Objections to Trump's Birthright Citizenship Order
Understanding the Supreme Court’s oral arguments in Trump v. Barbara.
Trump's Unconstitutional Attack on Birthright Citizenship Finally Reaches the Supreme Court
Understanding the stakes in Trump v. Barbara.
Unanimous Supreme Court Says Internet Service Provider Not Liable for Internet Users' Illegal Downloads
Plus: What George Orwell thought about Friedrich Hayek.
Mail-In Ballots, the 2026 Election, and the Supreme Court
What’s at stake in Watson v. Republican National Committee.
Roscoe Conkling, the Political Boss Who Twice Declined a Supreme Court Appointment
The Republican stalwart thought he could wield more power from the Senate than he ever could from the Supreme Court.
Kavanaugh Should Be Embarrassed by Trump's Praise for His Tariffs Dissent
Plus: Brian Doherty, RIP.
The Supreme Court's Approval Ratings Have Dropped. Does It Matter?
What happens if both political parties come to distrust the Court’s judgment?
Will SCOTUS Review the Iran War's Constitutionality? Don't Count on It.
The judiciary is largely absent from the long-running constitutional debate over undeclared foreign wars.
Yes, States May Prosecute ICE Agents for Misconduct
Plus: An unsettling comparison between the Iran War and “Lyndon Johnson going into Vietnam.”
The Iran War Is Unconstitutional
The president has no lawful authority to launch a war absent a congressional declaration of war.
The Postal Service's Recent Supreme Court Win Is Bad News for Government Accountability
Federal officials enjoy too much immunity from being sued over their misconduct.
In Tariffs Dissent, Clarence Thomas Embraced a Dangerous Theory of Executive Power
The conservative justice’s regrettable opinion in Learning Resources v. Trump.
Judging the Alito Retirement Rumors
Is the conservative Supreme Court justice planning to retire this year?
Bad Bunny and the SCOTUS Precedent That Denies Constitutional Rights to Puerto Ricans
Plus: Is this the Supreme Court’s next big immigration case?
Mike Johnson Wants To Spare ICE the Hassle of Getting the Right Warrant Before Forcibly Entering a Home
Here's a quick reminder of what the Fourth Amendment has to say about that.
Trump vs. Scalia on Sanctuary Cities and the Minneapolis Immigration Crackdown
Plus: Why is the Supreme Court’s tariff decision taking so long?
Conservative 'Judicial Activists' vs. ICE
Why a conservative judge’s “patience is at an end” over Trump’s immigration crackdown.
The Feds Who Killed Alex Pretti Are Heavily Shielded From Being Sued. Blame the Supreme Court for That.
It is nearly impossible to sue a rights-violating federal agent under current caselaw.
Brett Kavanaugh Says Trump Threatens Federal Reserve Independence
Trump’s legal arguments “would weaken, if not shatter, the independence of the Federal Reserve,” the justice said.
Eyes on Gorsuch as SCOTUS Weighs Transgender Student Athlete Bans
Plus: Still waiting on the tariffs case.
No, ICE Agents Do Not Have 'Absolute Immunity' From State Prosecution
How J.D. Vance misstated the law.
Transgender Athletes, Guns, and the Federal Reserve: 3 SCOTUS Cases To Watch in January
The Supreme Court’s January docket is packed with big cases.
John Roberts Touts Judicial Independence, Subtly Rebukes Trump in 'Year End Report' on Federal Courts
The chief justice hails the judiciary as “a counter-majoritarian check on the political branches.”
Did Brett Kavanaugh Just Apologize for Butchering the Fourth Amendment? Maybe.
Puzzling over a curious omission from the conservative justice.
These Progressives Seek to 'Disempower' the Courts
Is unfettered majority rule actually a good idea for the left to embrace?
