Unlike Thomas and Gorsuch, Kavanaugh stayed mum on originalism in a major constitutional case.
The ACLU argues that the 40-minute detention violated the Fourth and 14th amendments.
In a case SCOTUS will hear next month, victims of Tennessee's protectionism argue that it flouts the 14th Amendment as well as the Commerce Clause.
Where does Justice Gorsuch stand on the Privileges or Immunities Clause?
The president's executive order will violate the text and history of the 14th Amendment.
Rep. Justin Amash Slams Trump's Birthright Citizenship Threat: POTUS Can't 'Amend Constitution' With Executive Order
At least one Republican congressman agrees.
Plus: Southern border will see more troops than Iraq, Syria.
Brett Kavanaugh Praises Anthony Kennedy's 'Legacy of Liberty.' Many Conservatives Won't Like the Sound of That.
"Justice Kennedy established a legacy of liberty for ourselves and our posterity."
Supreme Court Agrees to Hear Significant New Case About Civil Asset Forfeiture and the Bill of Rights
The justices will hear oral arguments next term in Timbs v. Indiana.
Williamson v. Lee Optical of Oklahoma, Inc. should be overruled.
"Bikinis can convey the very type of political speech that lies at the core of the First Amendment," writes federal judge.
States like Massachusetts attempt to control how farms outside their borders operate.
Libertarian legal ideas are gaining ground.
The possible replacements include Texas Supreme Court Justice Don Willett.
Exemption for former police and other types of government officials in Gun-Free School Zone Act violates equal protection of the law for other licensed gun carriers, suit argues.
Revisiting a landmark First Amendment case.
The Trump administration has two openings to fill on the U.S. Court of Appeals for the 5th Circuit.
Federal Judge Upholds Ban on Unlicensed African Hair-Braiding, Says Courts Must Show 'Great Deference' to Government Regulations
"This case illustrates the great deference that federal courts must show to government regulations," claims judge.
A decision in Fisher v. University of Texas at Austin is expected soon.
The battle over state power, unwritten rights, and the 14th Amendment
The late Supreme Court justice's mixed legacy on liberty and the Constitution
Examining the role of dissenting opinions in U.S. legal history.
And just plain mean-spiritedly stupid and wrong, too.
Why Donald Trump is wrong about the text and history of the 14th Amendment.
The defiant clerk's defenders dangerously blur the distinction between private action and state action.
Libertarians are changing the face of legal conservatism.
Liberal hysterics in defense of occupational licensing and property seizures.
Protecting economic liberty from state infringement.
Was Lochner v. New York a "lawless" decision?
Does the Privileges or Immunities Clause protect unenumerated rights?
Conservatives and progressives share a common criticism of Justice Kennedy's gay marriage opinion.
The state should not be involved in marriage. But libertarians who think that this is all that need be said are wrong.
The same individualistic jurisprudence that advances gay rights could also imperil "progressive" economic reforms.