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.
The Supreme Court has ample precedent to rule against Trump’s trade war.
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 justices unanimously overturned a 5th Circuit decision that deemed the agency's treatment of e-liquids "arbitrary and capricious."
More litigation is required to find out which kits and unfinished parts are subject to regulation.
The state legalized medical marijuana but banned dispensary owners from advertising. Now, one owner is taking the fight to the Supreme Court.
The Court's opinion upholding federal regulation of "ghost guns" makes passing reference to Loper Bright Enterprises.
Trump wants to purge the federal bench of judges who disagree with him. Thomas Jefferson did too, and it didn't work out.
Two decisions respecting a denial of certiorari suggest the Court should reconstruct Confrontation Clause jurisprudence.
To justify the immediate deportation of suspected Venezuelan gang members, the president is invoking a rarely used statute that does not seem to apply in this context.
"Impeachment is not an appropriate response to disagreement concerning a judicial decision," Roberts noted after Trump said federal judges who impede his agenda should be fired.
The removals challenge Humphrey’s Executor, a Supreme Court precedent that protects independent agency officials from political firings.
The ruling by U.S. District Judge Jill Parrish emphasizes that religious freedom must protect "unpopular or unfamiliar religious groups" as well as "popular or familiar ones."
A New York case revives concerns about seizing private property to benefit favored developers.
The rationale for deporting Mahmoud Khalil is chillingly vague and broad.
In 2020, the Chief Justice condemned Senator Schumer's "dangerous" remarks.
There is no justification for such impeachment efforts.
A recently filed amicus brief in Fuld v. PLO.
Millions of people are barred from owning firearms even though they have no history of violence, and they have essentially no recourse under current law.
Presidential pardons have become a tool of favoritism and politics.
Justice Thomas dissents from the Court's continued unwillingness to hear bills of complaint filed under the Court's original jurisdiction.
FCC v. Consumers’ Research could dismantle a massive slush fund run by unelected regulators and industry insiders.
An exploration of some of the thorny issues that divided the Court.
A pre-opinion release order divides the justices 5-4, but this may not preview the split on the merits.
The Supreme Court will decide whether this threat to the Second Amendment is legally viable.
Justice Thomas dissents from the Court's refusal to resolve a clear circuit split.
Chairman Andrew Ferguson’s assault on "Big Tech censorship" aims to override editorial decisions protected by the First Amendment.
Whether or not a reasonable police officer violates clearly established law when he declines to check the features and address of his target house before raiding it is thus still up for debate.
Why is the Supreme Court issuing fewer summary reversals? Is Justice Barrett the reason?
His position is grounded in concerns about the separation of powers that presidents of both major parties have raised for many years.
Vice President J.D. Vance believes presidents can ignore the courts in some situations. Are we heading for a constitutional crisis?
Suggestions that the Executive Branch Ignore Federal Court Rulings May Look Different Today than When They Were Proposed.
Federal judges in Washington and Maryland say the president's attack on birthright citizenship flouts the 14th Amendment and 127 years of judicial precedent.
The government failed to persuade the appeals court that 18-to-20-year-olds are not part of "the people" or that the age restriction is consistent with the "historical tradition of firearm regulation."
The settlement vindicates Kimberly Diei's First Amendment right to comment on sexually explicit rap songs without suffering government retaliation.
A dissent from the denial of certiorari in another Sixth Circuit Habeas case.
The executive order contradicts the 14th Amendment and 127 years of judicial precedent.
Curtrina Martin's petition attracted support from a bipartisan group of lawmakers.
Though awkward and antiquated, the Second Amendment’s syntax and grammar unambiguously protect gun rights.
A unanimous Supreme Court decision established as much in 1965.
The order directs the attorney general to ensure that states have the drug cocktails to carry out lethal injections.
My latest article with Michael Stokes Paulsen is in print
Dan Epps and I discuss Royal Canin v. Wullschleger and TikTok v. Garland on the latest episode of Divided Argument
In granting Mahmoud v. Taylor, the Supreme Court has agreed to consider this question.
"I cannot profess the kind of certainty I would like to have about the arguments and record before us," writes Justice Gorsuch.
The Supreme Court appears poised to uphold a ban on the app, but many creators aren't so sure.
The Supreme Court is hearing arguments in a Texas case that could have major ramifications across the country—including, perhaps, the end of anonymity online.
The president-elect lost his Second Amendment rights thanks to a nonsensical gun ban.
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