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.
Neil Gorsuch
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.
Neil Gorsuch Joins Sonia Sotomayor in Questioning the Third-Party Doctrine
In a case involving cellphone location data, Gorsuch says entrusting information to someone does not mean surrendering your Fourth Amendment rights.
I Doubt This Is the Right Way to Manipulate Justice Gorsuch
Capsule summary: "Vote the way we want you to, and maybe we'll have just a bit less contempt for you than we now do."
Is This the Supreme Court's Next Big Case Against Public-Sector Unions?
Janus v. American Federation of State, County, and Municipal Employees asks SCOTUS to end mandatory public-sector union fees.
Federal Judge Says Judicial Deference to Executive Branch Agencies Is 'Judicial Abdication'
Judge Janice Rogers Brown takes aim at Chevron deference.
Gorsuch Is More Liberal Than Garland
For civil libertarians, the newest Supreme Court justice is better than the nominee who never got a hearing.
Now That Gorsuch Is Seated, Will Supreme Court Take Up Gay Wedding Cake Case?
SCOTUS has delayed making a decision whether to tackle religious freedom claim.
Neil Gorsuch Officially Confirmed to the U.S. Supreme Court
How the new justice will impact the future of SCOTUS.
Senate Nukes Filibuster for Supreme Court Picks
Neil Gorsuch confirmation vote expected Friday.
On Criminal Justice and Executive Branch Power, Neil Gorsuch May Be More 'Liberal' Than Merrick Garland
Comparing the two SCOTUS nominees.
Democrats Falsely Claim Gorsuch Resists Endorsing Landmark Desegregation Ruling
The SCOTUS nominee called Brown v. Board of Education "one of the shining moments in constitutional history."
Glenn Reynolds: Majoritarianism in the Courts Is a Bad, Bad Thing
Following Randy Barnett, Instapundit makes a clear compelling case for originalism and limited government.
Neil Gorsuch Vows to 'Respect' Supreme Court Precedent. That Does Not Mean He Will Always Uphold Precedent.
Understanding the SCOTUS nominee's answers to the Senate Judiciary Committee.
Gorsuch Calls Trump's Attacks on Judges 'Disheartening' and 'Demoralizing'
The president dismisses his SCOTUS nominee's objections.
Gorsuch's Smooth Sailing; Ryancare's Rocky Road
Matt Welch and Thomas Massie among those on tonight's Kennedy
Neil Gorsuch to Senate Judiciary Committee: 'Yes, the Constitution Definitely Contains Privacy Rights'
The SCOTUS nominee talks unenumerated rights.
3 Questions for Supreme Court Nominee Neil Gorsuch
He should explain his views on federalism, executive power, and unenumerated rights.
3 Questions for Supreme Court Nominee Neil Gorsuch
He should explain his views on federalism, executive power, and unenumerated rights.
Gorsuch Stresses Independence from Trump in Senate Confirmation Hearings, Says 'No Man Is Above the Law'
What's happening on day two of Neil Gorsuch's SCOTUS confirmation hearings.
Donald Trump's Fantasy World (Reason Podcast)
Nick Gillespie, Katherine Mangu-Ward, and Matt Welch talk deficits, Chuck Berry, Gorsuch, and the Bezos bot.
Neil Gorsuch Confirmation Hearings: What You Need to Know About the SCOTUS Nominee
Today the Senate Judiciary Committee begins confirmation hearings on the nomination of Judge Neil Gorsuch to the U.S. Supreme Court.
3 Questions for SCOTUS Nominee Neil Gorsuch
What the Senate Judiciary Committee should ask the Supreme Court candidate.
Donald Trump and the Judiciary: Damon Root Visits The Fifth Column
Sorting through Neil Gorsuch, the travel ban cases and more, with Reason's resident court watcher
Judge Gorsuch's Natural Law
Trump's SCOTUS nominee is a natural law thinker. That's a good thing.