Amy Coney Barrett's Case for Originalism Falls Short
The Supreme Court justice’s new book fails to practice the historical fidelity it preaches.
Supreme Court
What Should We Call the "Shadow Docket"?
Should it be the interim docket? The emergency docket? The emergency orders docket? The short order docket? Something else?
Looking for Partisan Patterns in the Shadow Docket
The New York Times examines the "sharp partisan divides" on the Supreme Court's interim docket.
The Standard for 'Vicious' Speech Trump Laid Out After Kirk's Murder Would Implicate Trump Himself
Freedom of speech cannot reliably protect conservatives unless it also protects people they despise.
Florida's Ban on Openly Carrying Guns Is Unconstitutional, State Appeals Court Rules
A unanimous three-judge panel concluded that "no historical tradition supports" the 1987 law.
Kavanaugh Flouts the Fourth Amendment and Blesses Trump's Racial Profiling
The justice’s stance on immigration enforcement is undermined by the facts of the case before him.
The Trump Administration's Half-Baked Plan To Disarm Transgender People Is Legally Bankrupt
Such a gun ban is not authorized by statute or allowed by the Second Amendment.
Prison Guards Forcibly Cut a Rastafarian Inmate's Dreadlocks. SCOTUS Will Decide If They Can Be Sued Over It.
The Supreme Court will hear Landor v. Louisiana Department of Corrections and Public Safety this fall.
Supreme Court Issues Dubious "Shadow Docket" Ruling Staying Injunction Against Racial Profiling in Immigration Enforcement
There is no majority opinion, so the reasoning is unclear. But Justice Kavanaugh's concurring opinion undercuts principle that government must abjure racial discrimination.
Trump's Tariffs Face a Major 'Major Questions' Problem at the Supreme Court
The same legal theory that tripped up Joe Biden's student loan scheme could also sink Donald Trump's tariffs.
The Government's Cert Petition to the Supreme Court in Our Tariff Case - and Our Response
We agree the Court should take the case and resolve it as quickly as possible, to minimize the harm caused by the illegal tariffs.
Walz's Gun Plan Wouldn't Stop Shootings, but It Might Shred Civil Liberties
Minnesota's proposed firearm restrictions raise serious constitutional questions—and offer little in return.
Welcome to the "Interim Docket"
Justice Kavanaugh on what to call the "shadow docket" now that it is no longer in the shadows.
The Proposed Ban on Gun Possession by Transgender People Would Be Neither Legal Nor Constitutional
The Justice Department reportedly is considering a regulation aimed at disarming "mentally ill individuals suffering from gender dysphoria."
2 Trump Cases To Watch as the Supreme Court Returns From Summer Break
Plus: A momentous date in the life of Frederick Douglass
She Wrote a Bad Check 17 Years Ago and Still Can't Own Guns. This Trump Order Could Help People Like Her.
The Justice Department has proposed a pathway to restore gun rights for millions of Americans.
The 5th Circuit Rejects Trump's Invocation of the Alien Enemies Act
The appeals court blocked the removal of alleged Venezuelan gang members under that law "because we find no invasion or predatory incursion."
The Gun-Free School Zones Act Is Doubly Dubious
The federal law relies on a risible reading of the Commerce Clause to restrict a constitutional right.
The Rationale for the Federal Circuit's 'Radical Left' Tariff Decision Is Fundamentally Conservative
Donald Trump's claim that the appeals court ruled against him for partisan or ideological reasons is hard to take seriously.
Why the Supreme Court Might Uphold Trump's Tariffs
The Administration's arguments have more doctrinal support than some might think
Trump Can Fire a Lot of People. What's Special About the Federal Reserve?
"The Federal Reserve is a uniquely structured, quasi-private entity," the Supreme Court wrote in a ruling this year.
The Federal Circuit's Tariff Ruling Highlights the Audacity of Trump's Power Grab
Seven judges agreed that the president's assertion of unlimited authority to tax imports is illegal and unconstitutional.
The 10th Circuit Agrees That Prosecuting Cannabis Consumers for Gun Possession May Be Unconstitutional
The appeals court rejected most of the arguments in favor of that policy, saying "the government must show non-intoxicated marijuana users pose a risk of future danger."
Will SCOTUS Let Trump Fire Lisa Cook From the Federal Reserve?
Or will the justices say that Trump fired her for illegal reasons?
Is This the Supreme Court's Next Big Abortion Case?
Plus: An impressive book by a Supreme Court justice.
The 11th Circuit Revives a Constitutional Challenge to the Federal Law That Disarms Medical Marijuana Patients
The appeals court concluded that the government had failed to show that policy is consistent with "this Nation's historical tradition of firearm regulation."
Is Gay Marriage Really Under Threat at the Supreme Court?
Asking SCOTUS to hear a case is not the same thing as convincing SCOTUS to hear a case.
9 Years Ago, Marco Rubio Explained Why Trump's Birthright Citizenship Order Is Unconstitutional
The 2016 brief defended the understanding of the 14th Amendment that the president wants to overturn.
Do Cops Still Need a Warrant To Search Your Home in an 'Emergency'?
SCOTUS will soon decide.
Goldsmith's Sense and Edsall's Nonsense about the Supreme Court (Updated)
A New York Times column on the Supreme Court offers a misleading picture and errant analysis.
Why the Supreme Court is Highly Unlikely to Overturn Obergefell in the Kim Davis Case
My Cato Institute colleague Walter Olson explains.
Automated License Plate Readers Are Watching You
The technology enables routine surveillance that would have troubled the Fourth Amendment’s framers.
Trump Asks Supreme Court To Bless Racial Profiling by Immigration Agents
The federal government has embraced unconstitutional tactics and now wants SCOTUS to do the same.
How Protectionist Wine and Liquor Laws Violate the Constitution
The Commerce Clause protects free trade between the states.
A First Amendment Lawsuit Highlights the Chilling Impact of Speech-Based Deportation on Student Journalists
The Foundation for Individual Rights and Expression is seeking an injunction that would protect noncitizens at The Stanford Daily from arrest and removal because of their published work.
The Government Seized 7 Horses From a Georgia 'Urban Cowboy.' A Court Says He Can Sue.
In a rare and significant decision, a federal court ruled Brandon Fulton can sue directly under the Takings Clause—without Congress creating a specific remedy.
Federal Circuit Judges Question Trump's Discovery of Vast Tariff Powers
The president is claiming "unbounded authority" to impose import taxes based on a law that does not mention them.
Gun Rights Groups Sue To Overturn Federal Weapons Registration
The case argues that, since the One Big Beautiful Bill Act eliminated taxes on the transfer of certain weapons, the constitutional basis for registering those weapons no longer exists.
The Government Fined This Farm Over $550,000—Mostly for a Paperwork Violation
Joe and Russell Marino will finally get their day in court. The ruling represents a turning of the tide when it comes to the fairness of such proceedings, where agencies have long played both prosecutor and jury.
Upholding a Vaccine Mandate, the 9th Circuit Embraces an Alarmingly Broad Definition of 'Public Health'
The appeals court held that the government may require COVID-19 shots based purely on the benefits to recipients.
Will the Sixth Circuit Get a Summary Reversal in Another Habeas Case?
In Chandler v. Brown, the Sixth Circuit may have been too quick (again) to grant a habeas petition.
Are We Witnessing "Appeasement"? A Reply to Steve Vladeck
A defense to Steve Vladeck's critique and a brief comment on Adrian Vermeule's related op-ed in the New York Times.
Justice Kavanaugh on the Peril of Writing Shadow Docket Opinions
Rushing out opinions can lock in erroneous conclusions and create problematic precedent.
On Sanctuary Cities, It's Trump vs. the 10th Amendment
The anticommandeering doctrine stands in the way of Trump’s immigration crackdown.
The Government Took Their Home Equity Over Modest Debts. Michigan's Supreme Court Just Threw Them a Lifeline.
Years after home equity theft was ruled unconstitutional, Michigan keeps looking for ways around the ruling.
The ACLU Says a New York Official Violated the NRA's First Amendment Rights. They Still Can't Sue Her.
A federal court concluded the official was entitled to qualified immunity in a case that united two unlikely allies.
An Arkansas Town Agrees To Remove a License Plate Camera Aimed at a Couple's Home
Local officials initially were unfazed by complaints that the constant surveillance raised serious privacy concerns.
Mistaking Adherence to Formalist Principle for Appeasement
The Supreme Court's critics are too quick to assume the Court's orders are motivated by political considerations as opposed to principle.
