Neil Gorsuch Urges Supreme Court To Correct 2 Wrong Turns That Undermined Civil Liberties
The justice criticizes the Court’s endorsement of coercive plea bargaining and its embrace of dubious Fourth Amendment doctrines.
Supreme Court
SCOTUS Saves Birthright Citizenship
Robby Soave and Amber Duke discuss the Supreme Court’s rulings on birthright citizenship and transgender athletes.
Here Are Some Ways SCOTUS Can Constrain Federal Agencies That Are Now Subject to Trump's Untrammeled Control
The Supreme Court has "no shortage of tools" to enforce the separation of powers, Justice Neil Gorsuch notes. "The only real question is whether we will use them."
Housing Villains
Donald Trump and Zohran Mamdani both do their bit to sabotage healthy housing policy.
Supreme Court Affirms Original Meaning of Birthright Citizenship, Strikes Down Trump's Executive Order
Understanding Trump v. Barbara.
Gorsuch Warns About Executive Overreach While Expanding Trump's Power
The Supreme Court extended presidential control over federal agencies. What could go wrong?
In Chatrie, Neil Gorsuch Reiterates His Critique of 2 Dubious Fourth Amendment Doctrines
The justice argues that the "reasonable expectation of privacy" test and the third-party doctrine are indefensible in theory and unworkable in practice.
In Big Win for Fourth Amendment Advocates, the Supreme Court Says 'Geofence Warrants' Count as a 'Search'
Understanding Chatrie v. United States.
Can the President Fire Anyone He Wants? Yes, Unless the Target Is Part of the Federal Reserve.
In a pair of decisions on Monday, the Supreme Court ruled that presidents have full authority to fire heads of executive branch agencies—but that the Fed is different.
Supreme Court Ends Agency "Independence," Save for the Federal Reserve
As expected, the Supreme Court overturns Humphrey's Executor, but reaffirms the independence of the Federal Reserve.
Supreme Court Quashes Scientifically Bogus Lawsuits Against Roundup Herbicide
Thousands of lawsuits alleging Roundup causes cancer are likely dead after Supreme Court Monsanto ruling.
Supreme Court Lets Trump End Temporary Protected Status for Haitian and Syrian Nationals Residing in U.S.
Understanding the 6–3 decision in Mullin v. Doe.
Supreme Court Slams the Door on Asylum Seekers at the Border
Justice Samuel Alito compared asylum seekers who haven't made it across the border to a running back being tackled on the 1-yard line.
SCOTUS Overturns Hawaii's Default Rule Against Guns on Private Property Open to the Public
The decision means similar laws in other states likewise violate the Second Amendment, and it casts doubt on the constitutionality of location-specific gun bans that cover a lot of territory.
Trump Administration Sweeps All of the (Other) Immigration Cases at SCOTUS
With the Birthright Citizenship case still undecided, the Trump Administration has prevailed in every other immigration case before the Court this term, and some are quite consequential.
Supreme Court Ruling Offers Hope to an Iowa Marijuana User Who Got 4 Years for Owning Guns
The Supreme Court's decision in United States v. Hemani could open the door to relief for cannabis consumers convicted of illegal gun possession.
D.C. Circuit Rejects Challenge to Trump Administration Expedited Removal Policy (Is an En Banc Petition to Follow?)
Is the D.C. Circuit willing to allow "conservative" panel decisions on hot-button issues to stand? And is en banc review more than a way to ensure further review at One First Street?
Who Owns Your Data?
The Supreme Court could be poised to decide whether it's you or Big Tech companies.
SCOTUS Unanimously Ruled That the Second Amendment Trumps Anti-Drug Sentiment
The decision is a modest but welcome step toward rectifying the injustice of criminalizing conduct that violates no one’s rights.
The Government Seized Their $195,000 Home Over a $2,242 Debt. What Does the Supreme Court Say They're Owed?
The Pung family of Isabella County, Michigan, maintained they were entitled to fair market value. The high court disagreed, but with a twist.
Clarence Thomas Explains Why the Commerce Clause Cannot Justify Federal Bans on Gun Possession
Even under the Supreme Court's highly elastic understanding of that clause, Thomas says, such laws do not qualify as regulation of interstate commerce.
Supreme Court Limits the Ability To Sue Prison Guards for Religious Liberty Violations
Understanding the stakes of Landor v. Louisiana Department of Corrections.
On Marijuana and Guns, Clarence Thomas Still Wants To Limit Federal Power
The conservative justice continues to wage a lonely legal crusade over the Commerce Clause.
A Supreme Court Decision Restricting Appeal Waivers Underlines the Injustice of Coercive Plea Bargaining
The Supreme Court ruled that "an agreement not to appeal a sentence is unenforceable when it would result in a miscarriage of justice."
Fiddlers, Drunkards, Marijuana, and the Second Amendment
The Supreme Court's unanimous decision in Hemani.
Supreme Court Makes It Clear There Is No Drug Exception to the Second Amendment
The unanimous decision upholding the gun rights of cannabis consumers is striking given the Supreme Court's long history of accommodating the war on drugs.
SCOTUS Says Federal Prosecution of Marijuana-Using Gun Owner Violates the Second Amendment
A landmark win for the right to keep and bear arms in United States v. Hemani.
The Most Interesting Supreme Court Opinion Line-Up You Will See This Year
Leave it to the Rooker-Feldman doctrine to divide the justices in an unusual way.
The Founders Revered the Right to Trial by Jury. Will SCOTUS Now Follow Their Example?
Understanding the stakes in Kian v. Florida
Louisiana Cops Threatened To Arrest a Man for Handing Out Religious Leaflets. They Got Qualified Immunity.
Richard Hershey is asking the Supreme Court to overrule a 5th Circuit decision that blocked the lawsuit provoked by that obvious First Amendment violation.
The Trump Administration Seriously Considered Unilaterally Suspending the Writ of Habeas Corpus
The proposal was nixed only after White House Staff Secretary Will Scharf explained why it was legally dubious.
Trump, Scalia, and the Unitary Executive
How a four-decade-old dissent may now help the president fire independent federal agency heads at will
Bernie Sanders Is Wrong About Trillionaires
Plus: the Supreme Court's biggest pending decisions, renewed court-packing debates, and the economic fallout from the Iran war
Assessing Non-Packing Rationales For Increasing the Size of the Supreme Court
These arguments are relatively weak. And to the extent they are valid, they can be addressed without changing the Court's ideological balance.
Two Senators Offer a Bipartisan Solution to Censorship by Proxy
The JAWBONE Act would let Americans sue government officials who try to restrict their speech by pressuring social media platforms, broadcasters, or AI companies.
Upcoming National Constitution Center Annual Supreme Court Review
Three different VC bloggers are among the speakers: Jonathan Adler, Keith Whittington, and myself.
My New Lawfare Article on "Why Callais Doesn't Justify Court-Packing"
Court-packing would cause great harm, including by boosting power-grabbing presidents like Trump. Callais's flaws are better addressed by other means.
Trump's Position in the White House Ballroom Case Reflects His General Resistance to Judicial Review
The president has repeatedly argued that courts have no business deciding whether his actions are legal.
Penis Measurements Cannot Justify a Sex Offender's Indefinite Detention, South Carolina's Top Court Says
The court unanimously ruled that penile plethysmography is unreliable and inadmissible as evidence of recidivism risk.
Neil Gorsuch on the Declaration of Independence, Originalism, and Separation of Powers
"There was nothing inevitable about it. Absolutely nothing," the Supreme Court justice tells Reason's Nick Gillespie.
Was Lincoln More Radical Than We Remember?
Damon Root discusses the path to emancipation, the struggle to secure freedom after the Civil War, and the constitutional changes that remade America.
Thomas and Alito Shortchange the Bill of Rights in Another Criminal Justice Case
Plus: a few words about my new book
Trump Loves Accusing Critics of Treason. U.S. Law Makes That Charge Hard To Prove—for Good Reason.
The president’s habitual attempts to criminalize dissent hark back to tyrants of yore.
Thomas and Alito Take a Regrettable Position in a Qualified Immunity Case
The two judicial conservatives continue to disappoint criminal justice reform advocates.
The Supreme Court Protected Donor Privacy. The IRS Didn't Get the Memo.
The federal government is still fighting to collect nonprofit donor information despite Supreme Court warnings that such demands chill free speech.
Trump's Approval Rating Is Cratering. Tariffs Are a Big Reason Why.
They cost each American household roughly $1,000 in 2025, with more coming in 2026.
