Remembering Justice Souter
The justices reflect on their former colleague.
Supreme Court
Homer Nodded in the U.S. Reports
How the phrase ended up in an opinion after it had been omitted.
Government Argues It's Too Much To Ask the FBI To Check the Address Before Blowing Up a Home
The Department of Justice told the Supreme Court there were "policy tradeoffs that an officer makes" in determining if he should "take one more extra precaution" to make sure he's at the right house.
President Biden's and the Democrats' Assault on the Supreme Court and the Rule of Law
Democrats tried to alter unconstitutionally the membership of the Supreme Court; they extorted Facebook into censoring free speech; they issued presidential executive orders unsupported by statute; and they pushed unprecedented prosecutions of Biden's predecessor in office, and his 2024 opponent, in the presidential race.
An Intelligence Memo Casts Further Doubt on Trump's Nonsensical Definition of 'Alien Enemies'
A declassified assessment contradicts the president's assertion that Tren de Aragua is "closely aligned with" the Venezuelan government and acts at its "direction."
'Federal Courts Have No Role To Play,' Trump Tells SCOTUS in Latest Deportation Case Filing
The Trump administration is desperate to avoid judicial review.
School Choice Could Defuse Culture War Fights
A Supreme Court case about religious parents' rights underscores a deeper problem: Without choice, public schools become a culture war battleground with no exit.
The IRS Says Your Digital Life Is Not Your Property
A Supreme Court case could determine whether Americans own their digital data—or whether the government can take that information without a warrant.
Trump's Tattoo Fantasy Raises the Question: If He Were Senile, How Would We Know?
The president's bizarre insistence that Kilmar Abrego Garcia "had MS-13 tattooed" on "his knuckles" makes him seem like a confused old man.
This Is Not the 5-4 Supreme Court Split You Were Looking For
A statutory interpretation case, involving national emergencies, splits the justices in an unusual way.
Why the FBI Arrested Judge Hannah Dugan
The Wisconsin judge is charged with obstruction of justice and concealing an undocumented alien to prevent his arrest.
A Federal Judge Greenlights a Lawsuit That Claims Florida's Ban on Lab-Grown Meat Is Unconstitutional
U.S. District Judge Mark Walker says Upside Foods has plausibly alleged that the law's protectionism violates the "dormant" Commerce Clause.
Trump's Understanding of Due Process Is Just As Farcical As His Definition of 'Alien Enemies'
A new ACLU lawsuit argues that the government still is not giving alleged gang members the "notice" required by a Supreme Court order.
Judge Says Trump Must Provide 'Notice of a Right To Seek Judicial Review' to Alien Enemies Act Deportees
A federal judge in Colorado rules against the Trump administration.
Parental Opt-Outs for Controversial Books
Plus: Cornell's cancel culture case, Trump's immigration policy approval ratings, and more...
Trump's Actions Contradict His Avowed Commitment to First Amendment Rights
The president has launched a multifaceted crusade against speech that offends him.
Here Is Why Harvard Argues That Trump's Funding Freeze Violates the First Amendment
The administration's demands extend far beyond its avowed concern about antisemitism and enforcement of "civil rights laws."
Treating Journalism As Consumer Fraud, Trump Claims Coverage of a Presidential Poll Was Not 'News Reporting'
The president's lawyers also conflate fraud with defamation, misconstrue the commercial speech doctrine, and assert that false speech is not constitutionally protected.
Alito and Thomas May Trust Trump To Follow a Court Order, but Gorsuch, Kavanaugh, and Barrett Seemingly Do Not
Understanding the Supreme Court's unusual late-night ruling against the Trump administration
Pope Francis Has Died
Plus: Ross Douthat on technological change, Trump on a possible Jerome Powell firing, and more...
6 Cases That Paved the Road to Mass Incarceration
In Justice Abandoned, a law professor argues that the Court got these key decisions wrong.
The Supreme Court Is About To Hear 2 Education Cases. Neither Goes Far Enough.
The Court will weigh religious opt-outs and charter school discrimination. But true educational freedom means funding students, not systems.
What Happens When Presidents Defy Court Orders?
“The Executive will lose much from a public perception of its lawlessness and all of its attendant contagions.”
Ignoring SCOTUS
Plus: A deep dive into the likelihood of China invading Taiwan, a weak dollar, Kasparov sounds constitutional crisis alarms, and more...
Federal Judge in Deportation Case Finds Probable Cause To Hold the Trump Administration in Contempt
U.S. District Judge James Boasberg says the evidence indicates that the government "willfully disobeyed" his order blocking removal of alleged Venezuelan gang members.
Trump Says Alleged Gang Members Don't Need Hearings Because the Government Is Infallible
The Supreme Court unanimously rejected that claim, upholding the right to due process in deportation cases.
Trump Takes Dangerous Steps Towards Defying Court Orders in Garcia Abrego Case
The Supreme Court ruled they administration must "facilitate" the return of an illegally deported migrant imprisoned in El Salvador at its behest. They have responded by doing virtually nothing to comply.
Colorado Will Soon Require a Discretionary Permit To Acquire Semiautomatic Rifles
The state may have a hard time showing that its broad restrictions are consistent with the "historical tradition of firearm regulation."
Stephen Miller Egregiously Misrepresented a Supreme Court Order While Trump Nodded Along
No, the Supreme Court did not give Trump free rein in the case of a wrongly deported man.
Salvadoran President Says He Won't Return Kilmar Abrego Garcia
And while U.S. officials admit the deportation was a mistake, they say they're not obliged to bring him back—despite the Supreme Court's ruling.
Justice Kavanaugh Stays District Court Order in Ohio Ballot Initiative Dispute
Not all of the action on the shadow docket involves President Trump.
Supreme Court Unanimously Orders Trump To 'Facilitate' the Return of Wrongly Deported Man
Trump lost on his most aggressive claims of executive power for the second time in a week.
SCOTUS Rules on Deportation Case
Plus: China-U.S. relations heat up, ICE says ideas shouldn't cross borders, sexytime with the computer, and more...
Supreme Court Upholds Order Telling Trump Administration to "Facilitate" Return of Armando Abrego Garcia from El Salvador
Without any recorded dissent, the justices rebuke the Trump Administration's cavalier disregard for due process.
On Remand, the 5th Circuit Again Blocks a Lawsuit by a Texas Reporter Arrested for Newsgathering
Even if Laredo cops punished Priscilla Villarreal for constitutionally protected speech, the appeals court says, they would be protected by qualified immunity.
John Roberts Only Postponed the Bigger Fight Over Trump's Deportations
The Supreme Court did not answer two of the biggest legal questions raised by Trump’s invocation of the Alien Enemies Act.
Mel Gibson Got His Gun Rights Back, but Millions of Americans With No History of Violence Are Still Waiting
The movie star’s special treatment highlights the injustice of an illogical federal law.
Supreme Court Rejects Trump's Claim That He Can Summarily Deport Anyone He Describes As an 'Alien Enemy'
Although the Court lifted an order that temporarily blocked removal of suspected gang members, it unambiguously affirmed their right to judicial review.
The FBI Wrongly Raided a Georgia Family's Home. Now Their Case Is Going to the Supreme Court.
A federal court ruled Trina Martin could not sue the government after agents burst into her home and held an innocent man at gunpoint.
Rights and Wrongs of the Supreme Court's Ruling in the Alien Enemies Act Case
The Supreme Court oveturns lower court decisions temporarily barring AEA deportations, but also emphasizes that detainees are entitled to due process, and that AEA deportations are subject to judicial review.
Trump's Tariffs Violate the Constitutional Separation of Powers
The Supreme Court has ample precedent to rule against Trump’s trade war.
An Executive Power Case That Trump May Win
The Supreme Court seems likely to agree that a member of the National Labor Relations Board may be fired by the president at will.
The Supreme Court Blesses the FDA's Rejection of Flavored Nicotine Vapes
The justices unanimously overturned a 5th Circuit decision that deemed the agency's treatment of e-liquids "arbitrary and capricious."
Supreme Court Lets ATF Regulate (Some) DIY Firearms Kits
More litigation is required to find out which kits and unfinished parts are subject to regulation.
Mississippi Says Medical Marijuana Is Legal—Just Don't Talk About It
The state legalized medical marijuana but banned dispensary owners from advertising. Now, one owner is taking the fight to the Supreme Court.
What VanDerStok Says about Agency Interpretations of Statutes
The Court's opinion upholding federal regulation of "ghost guns" makes passing reference to Loper Bright Enterprises.
What Trump Should Learn From the Impeachment of Justice Samuel Chase
Trump wants to purge the federal bench of judges who disagree with him. Thomas Jefferson did too, and it didn't work out.
Justices Alito and Gorsuch Would Like to Reconsider Crawford
Two decisions respecting a denial of certiorari suggest the Court should reconstruct Confrontation Clause jurisprudence.
