Supreme Court Ends Pandemic Permission To Prescribe Abortion Pills Remotely
Plus: Amazon responds to Parler lawsuit, Trump's execution spree continues, a bad ruling on safe injection houses, and more...
Supreme Court
A Libertarian Judge Champions Privacy Rights Against Warrantless Police Searches
Justice Clint Bolick dissents in Arizona v. Mixton.
Trump Never Bothered To Hide His Contempt for the Constitution
Trump deserves to be remembered for what his words and actions have shown him to be.
Biden's Judicial Picks Should Include Lawyers Who Battled the Government in Court
The incoming president can bring some much-needed professional diversity to the federal bench.
Pro-Trump Lawyer Tries To Implicate Chief Justice John Roberts in Murder and Pedophilia
Lin Wood's bizarre charges give you a sense of the advisers Trump is consulting as he continues to insist that he won the presidential election.
The Trouble With John Roberts' Brand of Legal Conservatism
Is the chief justice just a politician in robes?
Angry at the Failure of His Election Challenges, Trump Calls His Own SCOTUS Nominees Cowardly and Incompetent
Trump thinks the judiciary cannot be trusted to reveal the massive fraud that he says denied him a second term.
A 14th Amendment Case That Deserves the Supreme Court's Attention
It's time to breathe some life back into the Privileges or Immunities Clause.
Trump Must Actually Exclude Undocumented Immigrants From the Census Before He Can Be Sued for Doing That, SCOTUS Rules
The Supreme Court dismissed a challenge to Trump's plans for being "premature" until the administration actually does what it says it plans to do.
SCOTUS Declines To Let Kentucky Religious Schools Reopen Without Addressing the Constitutionality of Closing Them
The justices emphasized that K-12 schools are currently scheduled to reopen after winter break.
A Fourth Amendment Mistake the Supreme Court Should Fix
Don’t expand the “hot pursuit” exception to the Fourth Amendment.
"Taking Carbon to Court"—Massachusetts v. EPA and The Rule of Five
A review of Richard Lazarus' chronicle of the Massachusetts v. EPA litigation in The New Atlantis.
Trump's Election Conspiracy Theory Requires Followers To Join Him in an Alternate Universe
Given the conspicuous lack of credible evidence, the president's charges can be accepted only as a matter of faith.
Conservative Judges Chose Legal Principles Over Partisanship and Trump—But We Shouldn't Take that for Granted
Conservative judges have stymied Trump in his election challenges - and many other cases where his positions went against their legal principles. But a populist/national GOP could gradually change the nature of conservative jurisprudence.
A Trump Appointee Rejects Election Complaints Similar to the Ones SCOTUS Declined to Hear
Although the president says the justices "chickened out," other courts have considered and rejected the merits of his legal arguments.
Supreme Court Rejects Another Texas Suit under Its Original Jurisdiction, This Time about Water
A 7-1 Supreme Court rejected Texas's claims against New Mexico
Ted Cruz's Eagerness To Fight Trump's Legal Battles Epitomizes the GOP's Complete Lack of Principles
By his own account, the Texas senator is committed to defending a dishonest, amoral, narcissistic bully.
Trump Lost Because SCOTUS Answers to the Constitution, Not to Him
Trump’s judicial humiliation is now complete.
The Supreme Court Just Dismissed Trump's Hail Mary Effort To Overturn the Election
With Friday's ruling from the Supreme Court, the result of this year's presidential election is clear. Joe Biden won. It is over.
Thoughts on the Supreme Court's Unanimous Rejection of the Texas Election Lawsuit
The Court made the right decision and demonstrated its independence. But it may not still claims that the election was somehow stolen from Trump.
Supreme Court Unanimously Denies Texas Emergency Relief, Refuses to Grant Motion for Leave to File (Updated)
The Supreme Court, 7-2, voted to deny Texas AG Paxton's motion for leave to file its election complaint. Justices Alito and Thomas would grant Motion for Leave, but provide no other relief.
Texas AG Files Reply Briefs in Last Ditch Effort to Upend Election Result
If you thought the briefing in Texas v. Pennsylvania could not get worse, you are in for a surprise.
The House Freedom Caucus Just Trashed What Little Credibility It Had Left
More than 100 members of Congress signed a petition asking the U.S. Supreme Court to overturn the presidential election, including several prominent members of the group founded to protect "the rule of law."
Pennsylvania, Georgia, Michigan, and Wisconsin Defend Their Authority to Select Presidential Electors
The four defendant states in Texas v. Pennsylvania file their briefs in opposition.
Trump's Lawyers Claim the Conspiracy To Steal the Election Is Both 'Easily Provable' and Impossible to Prove
Seeking to join a last-ditch effort to overturn Joe Biden's victory, the president's attorney says "it is not necessary...to prove that fraud occurred."
Are Some of the State Attorneys General Supporting the Texas Election Suit Getting Cold Feet? [UPDATED in Light of Ohio Filing]
17 states submitted a brief supporting Texas Attorney General Ken Paxton's effort to prevent the selection of electors in four states, but only 6 joined today's motion to intervene. [Update: Meanwhile, Ohio files a brief that's worth reading.]
Conservative Lawmakers and Legal Scholars Denounce Texas Election Suit as 'a Mockery of Federalism and Separation of Powers'
The Constitution “plainly makes the appointment of electors a state-by-state matter.”
The New Roberts Court Releases Its First Opinions in Argued Cases
The Supreme Court issued several opinions this morning, displaying a great deal of unanimty.
Is Same-Sex Marriage Secure?
Will a rightward shift on the bench would result in the reversal of Obergefell? Probably not.
Additional Filings in and Additional Thoughts on the Texas Election Suit
Donald Trump, 17 State Attorneys General, and a bunch of Republican former office holders submit briefs to the Supreme Court.
Originalism and Personal Jurisdiction: Some Hard Questions
What original principles would say about this term's big case.
Trump's Judicial Humiliation Is Nearly Complete
The president and his allies keep losing election cases.
SCOTUS Full of Trump Appointees Joins the Conspiracy To Deny Trump His Rightful Victory
The justices declined to intervene on behalf of Republicans who challenged absentee voting in Pennsylvania.
Why Rep. Mike Kelly's Challenge to Pennsylvania's Election Results Is Going Nowhere (UPDATE: It Went Nowhere)
Pennsylvania's response to Rep. Kelly's effort to invalidate Pennsylvania's election results.
Texas Is Attempting to Sue Georgia, Michigan, Pennsylvania, and Wisconsin Over the 2020 Election
Embattled Attorney General Ken Paxton is the latest to ask the Supreme Court to intervene in the 2020 Presidential election results.
California Churches Stuck in Limbo After Supreme Court Decision
Plus: Congress to vote today on marijuana decriminalization, new study shows bad news for indoor diners, and more...
Review of Ilya Shapiro's "Supreme Disorder"
One Ilya reviews a book written by another. Hopefully, this won't exacerbate #IlyaConfusion!
This Forfeiture Victim Waited 2 Years Without a Hearing. Is That Due Process?
The Institute for Justice wants the Supreme Court to rule that the Fifth Amendment requires a prompt post-seizure hearing.
Disarmed but Not Dangerous
A challenge to the federal ban on gun possession by people convicted of felonies gives SCOTUS a chance to rectify its neglect of the Second Amendment.
Second Amendment Litigants Hope To Try Their Luck With Amy Coney Barrett
The Second Amendment Foundation files a flurry of lawsuits in November, with three aiming at laws restricting public carry.
This Woman Permanently Lost Her Second Amendment Rights Because She Lied on Her Taxes
Is this the Supreme Court’s next big gun rights case?
Supreme Court Considers Whether Trump Can Block Immigrants From Census Counts
Plus: Pennsylvania rejects mail-in vote challenge, Facebook begs for regulation, and more...
Paul Krugman Thinks Holding Religious Services During the COVID-19 Pandemic Is Like 'Dumping Neurotoxins Into Public Reservoirs'
The New York Times columnist misconstrues the issues at stake in the challenge to New York's restrictions on houses of worship.
Cops Who Beat and Killed an Innocent Man Are Not Entitled to Qualified Immunity, Appeals Court Rules. But the Cops Who Watched Are.
The legal doctrine provides rogue government agents cushy protections not available to the little guy.
SCOTUS Postpones Argument Over Mueller Grand Jury Materials
This is one of several cases that could become moot within weeks.
Prison Guards Who Forced Naked Inmate To Sleep in Sewage and Urine Were Given Qualified Immunity. SCOTUS Disagreed.
The legal doctrine is a free pass for rampant government abuse.
Cuomo's COVID-19 Rules Discriminate Against Religion
The case gives SCOTUS another chance to enforce constitutional limits on disease control measures.
House Judiciary Committtee Asks Supreme Court to Delay Arguments in Case Seeking Grand Jury Materials
The prospects of a new Congress and a new Administration justifies delaying the case.