The problem is the Court's ultra-broad interpretation of Congress' power to regulate interstate commerce. But the justices might cut that back.
The Republican senator improbably claims his bill is authorized by the 14th Amendment and the Commerce Clause.
Brookside faces several federal challenges for trying to fund its city by ticketing and towing the cars of anybody they can get away with.
Understanding what Justice Alito got wrong in Dobbs v. Jackson Women’s Health Organization
The conservative Supreme Court justice is wrong about economic liberty and the Constitution.
Students sued to protect their First and 14th Amendment rights.
Questions about the scope of federal power will remain.
The abortion precedent has faced withering criticism, including damning appraisals by pro-choice legal scholars, for half a century.
The justice overlooks the long American tradition of pharmacological freedom and the dubious constitutional basis for federal bans.
Plus: How abortion used to be less partisan, NFT sales have plummeted, and more...
Plus: The roots of the housing crisis, the U.S. Supreme Court reconsiders Miranda warnings, a judge halts Kentucky's abortion law, and more...
The North Carolina congressman's opponents argue that the 14th Amendment disqualifies him from seeking reelection.
“All of those…just come out of Lochner.”
Imposing a wealth tax may not even be among the enumerated powers of Congress.
S.B. 8 allows lawsuits against people who perform prohibited abortions even if they relied on a court's determination that the law is unconstitutional.
The lawsuit argues the mandate leads to discrimination based on content of speech and type of speaker.
George Wingate, who had pulled over on the side of the road to check an engine light, flatly refused to show his ID when a sheriff's deputy demanded it.
Justice Barrett should revisit her views on this wrongly maligned case.
Impeachment, not the 14th Amendment, is the mechanism for disqualifying Trump from future federal office.
It's time to breathe some life back into the Privileges or Immunities Clause.
The Supreme Court nominee weighs in on a famous case.
Perhaps Pennsylvania Supreme Court Justice David Wecht ought to read more history, starting with the speeches of the late Rep. John Bingham.
Two courts say COVID-19 lockdowns in Michigan and Pennsylvania were unconstitutional.
Reviewing the record of the SCOTUS shortlister.
“The Constitution sets certain lines that may not be crossed, even in an emergency.”
Population-wide lockdown orders are "such a dramatic inversion of the concept of liberty in a free society as to be nearly presumptively unconstitutional" wrote U.S. District Judge William Stickman IV
A federal lawsuit argues that the distinction drawn by Massachusetts is unconstitutional.
A flawed argument for judicial passivity in cases of government regulation.
It's crucial to get the constitutional text and history straight.
Understanding what’s at stake in Ramos v. Louisiana.
A court ruled that officers did not have enough information to know whether or not stealing violates the Constitution.
The suit came after the school denied funding to bring Dana Loesch and Andrew Klavan to campus.
If Kavanaugh is a committed originalist, you would never know it based on his complacent behavior in Timbs v. Indiana.
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.
At least one Republican congressman agrees.
Plus: Southern border will see more troops than Iraq, Syria.
"Justice Kennedy established a legacy of liberty for ourselves and our posterity."
Assessing the president's lower-court selections.
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.
The relationship between Lochner v. New York and Buchanan v. Warley
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