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.
Samuel Alito
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?