A SWAT Team Destroyed an Innocent Woman's House. The Supreme Court Won't Hear Her Case.
Whether or not the government is required under the 5th Amendment to pay such victims will remain an open question.
Supreme Court
Influencers Are Here To Stay—Now It's Time To Modernize Labor Laws
A TikTok ban could devastate thousands of independent workers, but the real challenge lies in modernizing labor laws to support the new economy.
We Don't Need Terrorism Laws When Murder Is Already Illegal
The government has given itself special powers to deal with crimes that it could already prosecute.
Supreme Court To Hear TikTok Ban Case
The ban violates the First and Fifth Amendments. Strike it down.
Supreme Court Adds Two Potentially Significant Cases to OT2024 Docket
December certiorari grants on standing and religion are early holiday gifts for Court watchers.
Was the Supreme Court Wrong About Presidential Immunity?
Glenn Greenwald and Elizabeth Price Foley debate Trump v. United States and its implications for presidential powers.
He Was Convicted of a Felony for Holding a Gun on the Sidewalk in Front of His House
Gabriel Metcalf argues that his prosecution under the Gun-Free School Zones Act violated his constitutional right to keep and bear arms.
Supreme Court Punts on Racial Discrimination Case
The Supreme Court's refusal to hear Boston Parent Coalition for Academic Excellence v. The School Committee for the City of Boston is bad news for equality under the law.
Justice Jackson Authors First Decision of OT2024
The junior justice authors a unanimous immigration law decision for the first of the term.
A Change in Administrations Underlines the Stakes of an E-Cigarette Case SCOTUS Heard This Week
An e-liquid manufacturer is challenging the FDA's "arbitrary and capricious" rejection of flavored vaping products.
Food and Drug Administration Defends Refusal To Approve Flavored E-Cigarettes Before the Supreme Court
The FDA’s regulations are burdensome and unnecessary to address the inflated high school vaping epidemic.
Trump Cannot Restrict Birthright Citizenship by Presidential Edict
The executive order that the president-elect plans to issue contradicts the historical understanding of the 14th Amendment.
The Dismissed Federal Cases Against Trump Involved Substantial Evidence of Serious Misconduct
In response to charges that he illegally interfered with the 2020 election and improperly retained presidential records, Trump insisted that he was entitled to do whatever he wanted based on preposterous claims.
Supreme Court Grants Certiorari in Nondelegation Case
A challenge to the FCC's Universal Service Fee could produce a major administrative law decision.
The New FCC Chairman's Agenda Contradicts Conservative Principles
Brendan Carr’s plans for "reining in Big Tech" are a threat to limited government, free speech, free markets, and the rule of law.
The Math Does Not Favor Avoiding Senate Scrutiny of Trump's Bizarre Cabinet Picks
Several Republican senators have said they are not inclined to abdicate their "advice and consent" role in presidential appointments.
Supreme Court Won't Hear a Qualified Immunity Case Where a Cop Disclosed an Abuse Report to a Woman's Abuser
Desiree Martinez says police officers ignored her attempts to report her abusive boyfriend, who was also a cop. Those officers now have immunity from her lawsuit.
Justice Gorsuch Wants To Hear More (Takings) Cases
Justice Gorsuch shows more interest in property rights challenges than his colleagues on the Court.
Supreme Court Refuses to Resurrect the Kids Climate Case
Unsurprisingly, no justice showed any interest in reviving a lawsuit that should have died long ago.
Federal Judge Enjoins Enforcement of the Illinois 'Assault Weapon' Ban
U.S. District Judge Stephen McGlynn says the law bans firearms covered by the Second Amendment and is not supported by historical precedent.
During Trump's Second Term, the Supreme Court's Critics Will Be Grateful for Its Restraining Influence
The justices, including Trump's nominees, have shown they are willing to defy his will when they think the law requires it.
The FBI Wrongly Raided This Family's Home. A Bipartisan Group of Lawmakers Wants the Supreme Court To Step In.
A federal court denied them the right to sue—despite Congress enacting a law five decades ago specifically for situations like this one.
Citizen Journalism Is Under Attack. This Texas Woman Is Fighting to Save It.
After being arrested for doing journalism, Priscilla Villarreal has taken her fight to the courts.
After 100 Years, End the Open Fields Doctrine
Federal agents are allowed to search private property without a warrant under this Prohibition-era Supreme Court precedent.
A Look Back at the Panic Over Big Money in Politics
Law professor Ann Southworth offers a balanced take on the fallout from the Supreme Court's Citizens United decision.
SCOTUS Case Involving Cannabis Fraud Highlights the Illogic of Federal Drug Testing Mandates
A trucker lost his job because he tested positive for marijuana after consuming a supposedly THC-free CBD tincture.
Should We Trust the 2024 Election Polls?
Plus: A listener asks the editors if the prospect of Supreme Court nominations is reason enough to favor Trump over Harris in this year’s presidential election?
Supreme Court to Tackle Who Can Sue Agencies Where and for What
With today's cert grants, the Court now has four cases that address the issue of where suits can be filed against federal agencies and who can file them.
Justice Kagan Does Not Like INS v. Chadha
Another interesting aside in the Royal Canin oral argument.
Justices Alito and Sotomayor on How Courts Read Dicta
An amusing and potentially revealing exchange in a recent oral argument.
Supreme Court Refuses to Stay Biden EPA Power Plant Rule
Some were surprised by the Supreme Court's action, but they should not have been.
Biden Thinks He Found a Student Loan Loophole
Is this latest attempt at student debt forgiveness a serious policy or a pre-election ploy?
This Reporter Was Arrested for Asking Questions. The Supreme Court Just Revived Her Lawsuit.
Priscilla Villarreal's case is about whether certain reporters have more robust free speech rights than others.
Police Want the Password to Your Phone
Without a warrant and specific proof of incriminating evidence, police should never be allowed past your phone’s lock screen.
SCOTUS Revives Lawsuit Against Missouri Cop Who Jailed a Man 'for Being an Asshole'
Mason Murphy says Officer Michael Schmitt violated his rights by punishing him for constitutionally protected speech.
The First Real Judicial Filibuster
Remembering the first time a partisan Senate minority blocked a judicial nomination that enjoyed majority support.
Business and the Roberts Court Revisited
An examination of how Donald Trump's appointments to the Supreme Court have affected business interests.
If You See the Trump Biopic Before Election Day, Thank Citizens United
At its core, the oft-denigrated decision revolved around whether the government can censor information leading up to an election.
Kamala Harris Says She Owns a Handgun—Despite Fighting To Ban Others From Doing the Same
Journalists should be interested in interrogating this contradiction, should the 2024 presidential candidate continue giving interviews.
Neither Harris Nor Trump Is a Friend of Free Speech
Both presidential candidates (and their running mates) seem confused about the constraints imposed by the First Amendment.
Most Justices Seem Inclined To Uphold the ATF's New Restrictions on Homemade Firearms
The Supreme Court is considering whether a rule targeting "ghost guns" exceeds the agency's statutory authority.
A Texas Cop Endangered Himself by Jumping Onto a Moving Car. Then He Shot the Driver.
The Supreme Court will review a 5th Circuit decision that let the officer off the hook without considering the recklessness that turned a routine traffic stop into a deadly encounter.
Review: Neil Gorsuch Says There Are Too Many Laws
No one knows how many federal crimes there are, the Supreme Court justice notes in Over Ruled.
Governments Are Still Stealing People's Home Equity Over Modest Tax Debts
A handful of states use loopholes to get around a Supreme Court ruling that declared the practice unconstitutional.
Previewing the Next Supreme Court Term (Updated)
A panel examining what is in store for October Term 2024.
Justice Kavanaugh Warns Against Over-Reading Loper Bright Decision
The Court's decision to overturn Chevron should be seen as more of a "course correction" than a revolution. (Updated with Video.)
Second Circuit Rules Intent To Racially Balance NY High Schools Is Unconstitutional
Judge Joseph Bianco’s decision emphasizes that constitutional rights and protections belong to individuals, not groups.
