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.
Samuel Alito
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.
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.
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.
The 'Bombshell' Secret Alito Recording Was Not a Bombshell
The justice's benign comments set off a lengthy news cycle and have been treated as a scandal by some in the media. Why?
War Hawk Autographs Bombs
Plus: SCOTUS wives, Elon Musk's business empire, Italian-style immigration policy, and more...
Samuel Alito Was Foolish To Sell His Bud Light Stock
The conservative culture war boycott against Bud Light was actually a great time to buy stock in a successful company, even if you don't like Bud Light.
Mrs. Alito and the Bad Flag
Plus: Taiwan's TikTok strategy, Open AI resignations, nicotine freedom, and more...
Congress Can Regulate the Supreme Court—But There Are Limits to That Power
Justice Alito was wrong to suggest Congress has no authority to regulate the Court. But that authority is itself subject to constraint.
Partisanship Is Muddling the Important Debate Over Supreme Court Ethics
Ethics allegations have been raised against Clarence Thomas, Samuel Alito, Neil Gorsuch, and Sonia Sotomayor. Both sides have retreated into whataboutism.
Yes, You Can Yell 'Fire' in a Crowded Theater
On Tuesday, Supreme Court Justice Samuel Alito repeated the common myth that "shouting 'fire' in a crowded theater" is unprotected speech.
Get Ready for the Post-Roe Sex Police!
If life begins at conception, there are virtually no limits on government surveillance of women in a post-Roe world.
Alito's Abortion Ruling Overturning Roe Is an Insult to the 9th Amendment
The Constitution protects many more rights than it mentions, as James Madison explained.
Is Abortion a Constitutional Right? Josh Blackman on Alito's Draft
The constitutional scholar on abortion, Sam Alito, and the future of federalism
Samuel Alito Thinks It's Obviously Absurd To Suggest That Drug Prohibition Violates the Constitution
The justice overlooks the long American tradition of pharmacological freedom and the dubious constitutional basis for federal bans.
Alito's Draft Opinion That Would Overturn Roe Is a Disaster of Legal Reasoning
Plus: How abortion used to be less partisan, NFT sales have plummeted, and more...
Don't Prosecute the Supreme Court Leaker
If the leaker's identity is ever revealed, he or she will face serious professional and reputational sanctions. There's no need to wish for criminal punishments too.
The End of Roe? Everything You Need To Know About the Leaked Supreme Court Draft Opinion
Plus: Boston rebuked for rejecting Christian flag, Google will remove more personal information, and more...
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.
Alito Rightly Slams Five Democratic Senators for 'Bullying' the Supreme Court
The senators warned that the Court might have to be "restructured" if it did not reach the conclusion they preferred in a Second Amendment case.
Justice Samuel Alito Highlights the Legal Issues Raised by 'Previously Unimaginable' COVID-19 Restrictions
When "fundamental rights are restricted" during an emergency, he says, the courts "cannot close their eyes."
A Leftist Makes the Case for Originalism
What’s worse for the left, a conservative originalist or a conservative living constitutionalist?
