Supreme Court Ruling Offers Hope to an Iowa Marijuana User Who Got 4 Years for Owning Guns
The Supreme Court's decision in United States v. Hemani could open the door to relief for cannabis consumers convicted of illegal gun possession.
Supreme Court
D.C. Circuit Rejects Challenge to Trump Administration Expedited Removal Policy (Is an En Banc Petition to Follow?)
Is the D.C. Circuit willing to allow "conservative" panel decisions on hot-button issues to stand? And is en banc review more than a way to ensure further review at One First Street?
Who Owns Your Data?
The Supreme Court could be poised to decide whether it's you or Big Tech companies.
SCOTUS Unanimously Ruled That the Second Amendment Trumps Anti-Drug Sentiment
The decision is a modest but welcome step toward rectifying the injustice of criminalizing conduct that violates no one’s rights.
The Government Seized Their $195,000 Home Over a $2,242 Debt. What Does the Supreme Court Say They're Owed?
The Pung family of Isabella County, Michigan, maintained they were entitled to fair market value. The high court disagreed, but with a twist.
Clarence Thomas Explains Why the Commerce Clause Cannot Justify Federal Bans on Gun Possession
Even under the Supreme Court's highly elastic understanding of that clause, Thomas says, such laws do not qualify as regulation of interstate commerce.
Supreme Court Limits the Ability To Sue Prison Guards for Religious Liberty Violations
Understanding the stakes of Landor v. Louisiana Department of Corrections.
On Marijuana and Guns, Clarence Thomas Still Wants To Limit Federal Power
The conservative justice continues to wage a lonely legal crusade over the Commerce Clause.
A Supreme Court Decision Restricting Appeal Waivers Underlines the Injustice of Coercive Plea Bargaining
The Supreme Court ruled that "an agreement not to appeal a sentence is unenforceable when it would result in a miscarriage of justice."
Fiddlers, Drunkards, Marijuana, and the Second Amendment
The Supreme Court's unanimous decision in Hemani.
Supreme Court Makes It Clear There Is No Drug Exception to the Second Amendment
The unanimous decision upholding the gun rights of cannabis consumers is striking given the Supreme Court's long history of accommodating the war on drugs.
SCOTUS Says Federal Prosecution of Marijuana-Using Gun Owner Violates the Second Amendment
A landmark win for the right to keep and bear arms in United States v. Hemani.
The Most Interesting Supreme Court Opinion Line-Up You Will See This Year
Leave it to the Rooker-Feldman doctrine to divide the justices in an unusual way.
The Founders Revered the Right to Trial by Jury. Will SCOTUS Now Follow Their Example?
Understanding the stakes in Kian v. Florida
Louisiana Cops Threatened To Arrest a Man for Handing Out Religious Leaflets. They Got Qualified Immunity.
Richard Hershey is asking the Supreme Court to overrule a 5th Circuit decision that blocked the lawsuit provoked by that obvious First Amendment violation.
The Trump Administration Seriously Considered Unilaterally Suspending the Writ of Habeas Corpus
The proposal was nixed only after White House Staff Secretary Will Scharf explained why it was legally dubious.
Trump, Scalia, and the Unitary Executive
How a four-decade-old dissent may now help the president fire independent federal agency heads at will
Bernie Sanders Is Wrong About Trillionaires
Plus: the Supreme Court's biggest pending decisions, renewed court-packing debates, and the economic fallout from the Iran war
Assessing Non-Packing Rationales For Increasing the Size of the Supreme Court
These arguments are relatively weak. And to the extent they are valid, they can be addressed without changing the Court's ideological balance.
Two Senators Offer a Bipartisan Solution to Censorship by Proxy
The JAWBONE Act would let Americans sue government officials who try to restrict their speech by pressuring social media platforms, broadcasters, or AI companies.
Upcoming National Constitution Center Annual Supreme Court Review
Three different VC bloggers are among the speakers: Jonathan Adler, Keith Whittington, and myself.
My New Lawfare Article on "Why Callais Doesn't Justify Court-Packing"
Court-packing would cause great harm, including by boosting power-grabbing presidents like Trump. Callais's flaws are better addressed by other means.
Trump's Position in the White House Ballroom Case Reflects His General Resistance to Judicial Review
The president has repeatedly argued that courts have no business deciding whether his actions are legal.
Penis Measurements Cannot Justify a Sex Offender's Indefinite Detention, South Carolina's Top Court Says
The court unanimously ruled that penile plethysmography is unreliable and inadmissible as evidence of recidivism risk.
Neil Gorsuch on the Declaration of Independence, Originalism, and Separation of Powers
"There was nothing inevitable about it. Absolutely nothing," the Supreme Court justice tells Reason's Nick Gillespie.
Was Lincoln More Radical Than We Remember?
Damon Root discusses the path to emancipation, the struggle to secure freedom after the Civil War, and the constitutional changes that remade America.
Thomas and Alito Shortchange the Bill of Rights in Another Criminal Justice Case
Plus: a few words about my new book
Trump Loves Accusing Critics of Treason. U.S. Law Makes That Charge Hard To Prove—for Good Reason.
The president’s habitual attempts to criminalize dissent hark back to tyrants of yore.
Thomas and Alito Take a Regrettable Position in a Qualified Immunity Case
The two judicial conservatives continue to disappoint criminal justice reform advocates.
The Supreme Court Protected Donor Privacy. The IRS Didn't Get the Memo.
The federal government is still fighting to collect nonprofit donor information despite Supreme Court warnings that such demands chill free speech.
Trump's Approval Rating Is Cratering. Tariffs Are a Big Reason Why.
They cost each American household roughly $1,000 in 2025, with more coming in 2026.
SCOTUS Term Limits May Be a Good Idea. But They Still Require a Constitutional Amendment.
Lifetime tenure for federal judges has been the constitutional practice since ratification.
A Tennessee Man Jailed for 37 Days Because of an Anti-Trump Meme Will Get $835,000 for His Trouble
Perry County Sheriff Nick Weems preposterously claimed that Larry Bushart had threatened "mass violence" at a school.
A State Assault Case Against an ICE Agent Could Illustrate the Limits of Supremacy Clause Immunity
That defense applies only when an officer "reasonably" believed he was acting within his federal authority.
Vladeck v. Adler on the Shadow Docket
A discussion of the Supreme Court's "Shadow Docket" on the We the People Podcast.
Virginia's New 'Assault Firearm' Ban Is Plainly Unconstitutional, a Federal Lawsuit Argues
Three Second Amendment groups say the law violates the right to own arms in common use for self-defense and other lawful purposes.
Abortion by Mail
Plus: Chinese relations, far-right extremists, Yale discriminated, and more...
Supreme Court "Shadow Docket" Order Preserves Mifepristone Via Telemedicine--For Now
The Court stayed a lower court order that would have blocked FDA rules allowing the prescription of mifepristone to terminate pregnancies via telemedicine.
How Much Deference Does SCOTUS Owe to Congress?
Should it take more than a 5–4 vote for the Supreme Court to strike down a federal law?
A Circuit Split Gives SCOTUS an Opportunity To Overturn a Federal Law That Makes Home Distilling a Felony
The 6th Circuit upheld that 158-year-old law, while the 5th Circuit concluded it could not be justified as a revenue measure.
The Trump Administration Is a Powerful but Unreliable Ally of Second Amendment Advocates
Even as the Justice Department files lawsuits aimed at vindicating gun rights, it undermines them in other cases.
How the ACLU Started Defending the Second Amendment
The civil liberties group, which long maintained that there is no constitutional right to arms, sang a different tune at the Supreme Court this year.
Clarence Thomas Sets a New SCOTUS Record
Plus: A "supremely cringe" viral tweet about the Supreme Court
A Modest Uptick in Supreme Court Popularity
A recent YouGov poll shows the Court is likely less unpopular than before. The tariff ruling may have given it a boost. The poll has several other notable findings, as well.
Justice Alito Extends Administrative Stay of Mifepristone Order
The justices will consider what to do with the Fifth Circuit's mifepristone order for a few more days
Heroes of 1776 Shows That Remembering the Past Is Key to Progress
Neil Gorsuch's new book reminds us that to accelerate progress, we must first acknowledge the progress that has already occurred.
