The Supreme Court will hear arguments next term in New York State Rifle & Pistol Association v. Corlett.
Conservative state legislators are taking a page from the playbook of pro-immigration activists and the marijuana legalization movement.
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Texas state senators introduced a bill requiring the national anthem at all pro sports events.
Plus: Problems with the PRO Act, what libertarian feminism isn't, and more...
There are plausible arguments on both sides of the debate.
Trump's Lawyers Say He Can't Be Impeached for Trying to Subvert the Election Because He Was Just Expressing an Opinion
They also argue that the Senate has no authority to try a former president.
On the inconsistency between choice of law cases and interstate sovereign immunity cases
While many prominent constitutional scholars think trying a former president is perfectly legal, the dissenters make some points that are worth considering.
How the National Constitution Center "Constitution Drafting" Project Revealed Potential Areas of Consensus on Constitutional Reform
My recently published article on the NCC project outlines several important areas of agreement between conservative, libertarian, and progressive participants.
History and precedent both support impeachment trials for former federal officials.
Trump deserves to be remembered for what his words and actions have shown him to be.
Louis Gohmert asserts a previously overlooked power to decide which electoral votes will be counted.
That’s a rare position for modern White House residents, and not necessarily a popular one with the public.
Trump’s judicial humiliation is now complete.
Conservative Lawmakers and Legal Scholars Denounce Texas Election Suit as 'a Mockery of Federalism and Separation of Powers'
The Constitution “plainly makes the appointment of electors a state-by-state matter.”
The NCC put together teams of conservatives, progressives, and libertarians to propose their own rewrites of the Constitution. All three teams came up with interesting ideas - and with some notable areas of agreement.
The escaped slave called the Constitution "a glorious liberty document" that justified extending equality to blacks and women.
Plus: Congress to vote today on marijuana decriminalization, new study shows bad news for indoor diners, and more...
Is this the Supreme Court’s next big gun rights case?
Richard Epstein vs. Lawrence Lessig
Law professors Richard Epstein and Lawrence Lessig go head-to-head.
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.
Reviewing the record of the SCOTUS shortlister.
The restrictions imagined by Republicans in 2016 or by Democrats now are nothing but self-serving nonsense.
The National Apartment Association has joined a lawsuit brought by four individual landlords arguing the CDC's nationwide eviction moratorium is both illegal and unconstitutional.
“The Constitution sets certain lines that may not be crossed, even in an emergency.”
USA Today Op ed Making the Case for Abolishing the Constitutional Requirement that the President Must be a "Natural Born" Citizen
I coauthored it with Harvard Law School Professor Randall Kennedy.
This year's annual confab is remote, but will still feature the annual B. Kenneth Simon Lecture and release of the Cato Supreme Court Review.
The episode reflects poorly on Biden.
A bust of the Dred Scott author stands in the old Supreme Court chambers in the capitol.
SCOTUS is the least democratic branch. Is that a bad thing?
A surprisingly agreeable chat on originalism, the Supreme Court, Chief Justice Roberts and other things.
"Supreme Court jurisprudence...is heavily weighted against you," an appeals judge told state prosecutors last week.
The House voted to recognize the District of Columbia as a state, but many obstacles still lie ahead.
Partisan Hypocrisy on Display in Supreme Court Ruling on Anti-Prostitution Pledge and the First Amendment
Can the government compel speech? For Supreme Court justices, that seems to depend on the content of that speech.
Fifth and final post in a series based on my new book "Free to Move: Foot Voting, Migration, and Political Freedom"
Clarence Thomas Upbraids SCOTUS for 'Prolonging Our Decade-Long Failure to Protect the Second Amendment'
"The fundamental protections set forth in our Constitution," Thomas writes, should be "applied equally to all citizens."
This unilateral executive action has been scrutinized by both Supreme Court Justice Neil Gorsuch and U.S. District Judge Brantley Starr.
"Although California's guidelines place restrictions on places of worship," Roberts wrote, "those restrictions appear consistent with the Free Exercise Clause of the First Amendment."