National legislation and extraterritorial application of state laws are inconsistent with the local leeway that the Constitution protects.
Texas Gov. Greg Abbott Ends His Onerous Truck Inspection Order Impeding International Commerce on the Mexican Border
The inspections caused great economic harm, and may also have violated the Dormant Foreign Commerce Clause of the Constitution.
We discussed my book "Free to Move," the state of originalism, and other issues.
"The application of physical force to the body with the intent to restrain is a seizure, even if the person does not submit and is not subdued."
The 7th Circuit judge’s track record suggests she would frequently be a friend of civil liberties.
"Only the written word is the law, and all persons are entitled to its benefit."
The feds may commandeer local police into administering neither federal gun control nor federal immigration policy.
His obsession with Justice Scalia's aside in Heller about "weapons...most useful in military service" ignores Scalia writing of weapons "typically possessed by law-abiding citizens for lawful purposes."
Featuring the Solicitor General of the United States, Judge Amy Barrett, many others, and ... me.
President-elect Donald Trump reignites a long-settled argument.
The justice Trump admires twice voted to overturn criminal penalties for flag burning, which Clinton later tried to reinstate.
Some politicians are dishonest. But it's far healthier for democracy if the voters get to sort that out in elections.
The mixed legacy of the late Supreme Court justice
The justice got an unfair rap from liberals that he was an anti-immigrant bigot.
SCOTUS seems evenly divided on a drug search arising from an illegal stop.
Will Obama go for a fight that will mobilize the Democratic base, or choose a candidate who has some distantly plausible chance of confirmation?
Abortion, not religion per se, is the thing people care about most when it comes to the religious views of justices.
Law students jokingly called him the pope of originalism, a phrase he loved.
Dems & Reps both have a good argument in the fight over who should pick the next Supreme Court member. Sadly, the argument is that both sides are sacks of shit.
The Supreme Court Justice's opinions often favored the accused-because their rights were in the Constitution.
The late Supreme Court justice's mixed legacy on liberty and the Constitution
President says he's going to try anyway.
The Supreme Court hears Friedrichs v. California Teachers Association.
Justice Thomas faults his colleagues for "relegating the Second Amendment to a second-class right."
Families Against Mandatory Minimum's Kevin Ring makes the case for even more wide-ranging and far-reaching sentencing reform.
Trump's support for Kelo v. City of New London reveals his fundamentally unconstitutional support for eminent domain abuse.
The Gray Lady misleads its readers about the conservative Supreme Court justice.
A reply to National Review's Ed Whelan.
Wants to treat a law passed in 1964 as though it also covers sexual orientation