The Divisions Among the Court's Originalists
Professor Joel Alicea on how to understand what may be the most important jurisprudential divisions on the Supreme Court.
Neil Gorsuch
Is the Supreme Court Really That Divided? The Facts Say No.
Unanimous rulings on discrimination, guns, and religion once again challenge the common media narrative that the Court is hopelessly polarized.
SCOTUS Rules in Favor of TikTok Ban as Some Supporters Realize It's a Bad Idea
"I cannot profess the kind of certainty I would like to have about the arguments and record before us," writes Justice Gorsuch.
Justice Gorsuch Wants To Hear More (Takings) Cases
Justice Gorsuch shows more interest in property rights challenges than his colleagues on the Court.
Justice Gorsuch Warns Biden To 'Be Careful' With Attempts To Control Supreme Court
Fewer laws and less government would be a better solution to judicial warfare.
'Too Much Law' Gives Prosecutors Enormous Power To Ruin People's Lives
In a new book, Supreme Court Justice Neil Gorsuch describes the "human toll" of proliferating criminal penalties.
America Criminalizes Too Much and Punishes Too Much
When those on parole or probation are included, one out of every 47 adults is under “some form of correctional supervision.”
Trump Values Judicial Independence Only When It Benefits Him
His criticism of President Joe Biden’s proposed Supreme Court reform is hard to take seriously.
Two SCOTUS Cases Show How an Unaccountable Administrative State Hurts 'Ordinary People'
Contrary to progressive criticism, curtailing bureaucratic power is not about protecting "the wealthy and powerful."
Gorsuch Apes NIMBY Government Lies in Supreme Court's Grants Pass Decision
Plus: A disappointing first round of "Baby YIMBY" grant awards, President Joe Biden endorses rent control, and House Republicans propose cutting housing spending.
Ketanji Brown Jackson Joins Conservative Justices in Upending Hundreds of January 6 Cases
Her concurrence is a reminder that the application of criminal law should not be infected by personal animus toward any given defendant.
Why Are Liberals Suddenly Denouncing the Right to a Jury Trial?
Justice Sonia Sotomayor called the Supreme Court ruling in SEC v. Jarkesy "a power grab." She's right, but in the wrong way.
The Supreme Court Isn't as Radical as You Think
There is a great deal of panic surrounding the "extreme" nature of the current Court. But that is often not based in reality.
The Supreme Court Again Strengthens the Right to a Jury Trial in Criminal Sentencing
Paul Erlinger was sentenced to 15 years in prison based largely on a determination made by a judge—not a jury.
SCOTUS' Ruling in Gay Wedding Website Case Was a Defeat for Compelled Speech
"The opportunity to think for ourselves and to express those thoughts freely is among our most cherished liberties," Justice Neil Gorsuch wrote in the majority opinion.
Why a Supreme Court Justice Who Always Votes for One Type of Litigant isn't Necessarily Biased
Justice Gorsuch has never voted against Native American interests in a Supreme Court case. But that probably isn't because he's biased in favor of Indians. He simply believes that much existing precedent in this field is biased the other way.
The Perils of 'Rule by Indefinite Emergency Edict'
Supreme Court Justice Neil Gorsuch highlights a vital lesson from the COVID-19 pandemic.
Gorsuch Condemns 'Breathtaking' COVID Emergency Powers That Crushed Civil Liberties
"Since March 2020, we may have experienced the greatest intrusions on civil liberties in the peacetime history of this country," Gorsuch wrote. That might be an exaggeration, but it isn't far off.
SCOTUS Chooses California Over Pork Producers and Bacon Consumers (and Issues Four Other Opinions Too)
The Supreme Court issues five merits opinions, but there are still forty more waiting.
Delegitimizing the Supreme Court
Plus: A look back at Rochelle Walensky's tenure as head of the CDC
Kavanaugh v. Gorsuch -- The Return
Today's opinions are a requel to prior splits among the most recent Republican appointees to the Supreme Court.
Conservatives Who Want To Weaken Defamation Standards May Regret Opening That Can of Worms
Contrary to the Supreme Court's First Amendment precedents, Donald Trump thinks harsh criticism of the president should be actionable.
An Unusual Supreme Court Split in Bittner v. United States
The Bank Secrecy Act divides the justices in an unusual way, and Justice Barrett authors her fourth opinion in an argued case.
Neil Gorsuch's LGBT Decision May Doom Affirmative Action in the Supreme Court
Why isn’t affirmative action in college admissions prohibited under the Civil Rights Act?
If You Oppose COVID Emergency Powers, You Should Oppose Title 42 Expulsions
While other pandemic policies have ended, the migration measure has “outlived [its] shelf life,” Justice Neil Gorsuch wrote yesterday.
How a Gorsuch LGBT Ruling May Doom Affirmative Action in College Admissions
The link between Bostock v. Clayton County and Students for Fair Admissions v. University of North Carolina
Why Won't the Biden Administration Join Gorsuch in Seeking To Overrule These Racist SCOTUS Precedents?
The Insular Cases “rest on a rotten foundation,” Gorsuch wrote.
SCOTUS Again Upholds Double Prosecution and Punishment for the Same Crime
Unsatisfied by the outcome of one case, the feds secured a much more severe penalty the second time around.
Justice Gorsuch Calls for Overruling the Insular Cases
In a forceful concurring opinion, he argues the Supreme Court should overrule longstanding precedents denying many constitutional rights to residents of Puerto Rico and other "unincorporated" US territories. Gorsuch is absolutely right. But he would do well to cast the same critical gaze on the very similar precedents that exempt immigration restrictions from normal constitutional scrutiny.
How Narrow is the Pathway the Supreme Court Left for Suits Challenging SB 8 and Other Similar State Laws?
Things are far from completely clear. But Justice Gorsuch's opinion may give preenforcement challenges to SB 8 and other similar laws a good deal more wiggle room than many think.
Gorsuch Pushes Stronger Fourth Amendment Protections
Can a cop enter a suspect's home without a warrant if they're in pursuit and have probable cause to believe the suspect has committed a misdemeanor?
Shooting a Fleeing Suspect Who Escapes Still Triggers the Fourth Amendment, Says SCOTUS
"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."
SCOTUS Declines To Let Kentucky Religious Schools Reopen Without Addressing the Constitutionality of Closing Them
The justices emphasized that K-12 schools are currently scheduled to reopen after winter break.
Neil Gorsuch on Expanding Access to Legal Services
In an op ed coauthored with former Colorado state supreme court justice Rebecca Love Kourlis, he outlines some ways to make legal services more affordable for the poor and lower middle class.
Betraying Trump, Kavanaugh and Gorsuch Stay Loyal to the Law
Two centuries of precedents say the president is not immune from judicial process.
How Gorsuch Took a Page From Scalia in an LGBT Employment Discrimination Case
"Only the written word is the law, and all persons are entitled to its benefit."
But Gorsuch!
Trump's first Supreme Court pick is better on civil liberties than his critics want to admit.
In Sharp Dissent, Neil Gorsuch Faults SCOTUS for Letting the Attorney General 'Write His Own Criminal Code'
The conservative justice comes out swinging on behalf of the non-delegation doctrine.
Gorsuch Joins Ginsburg in Decrying a 'Colossal Exception' to the Ban on Double Jeopardy
The Trump appointee is not impressed by the logic of the "dual sovereignty" doctrine: "Really?"
Dangers of a World Where "Almost Anyone Can be Arrested for Something"
A recent dissenting opinion by Supreme Court Justice Neil Gorsuch highlights some of the dangers of the enormous scope of modern criminal law.
Dissenting From a Decision Blocking a Retaliatory Arrest Claim, Neil Gorsuch Notes That 'Almost Anyone Can Be Arrested for Something'
The Trump appointee warns that "little would be left of our First Amendment liberties" if cops could punish people who irk them by finding a legal reason to bust them.
A Leftist Makes the Case for Originalism
What’s worse for the left, a conservative originalist or a conservative living constitutionalist?
Gorsuch and Sotomayor Join Forces in Defense of Sixth Amendment Rights
It's not the first time the two justices have teamed up on a criminal justice case.
Gorsuch Challenges Blank Check for the U.S. Attorney General
A case to watch for both criminal justice reformers and for critics of executive overreach.
Why the Executive Branch Shouldn't Legislate
Progressives appreciate the separation of powers-up to a point.
Gorsuch's Record Was More 'Liberal' Than Kennedy's This Term
Of course, Gorsuch had his share of clashes with the liberal bloc too.
If Civility Is Out of Style, Where Do We End Up Next?
Yearning for the days when interrupting your debate opponent was considered the height of incivility.
Another Justice Like Gorsuch, Please
Contrary to what his critics say, this "narrow-minded elitist" stands up for the little guy.
