“Can an independent federal agency that is supposed to regulate commodity futures assert power over every single purchase or sale of a commodity?”
Marquette University law professor Chad Oldfather offers a helpful explainer laying out the issues in the SCOTUS and SCOWIS decisions on the Wisconsin primary elections.
Sotomayor Upbraids SCOTUS for a Decision That 'Destroys Fourth Amendment Jurisprudence That Requires Individualized Suspicion'
The justice filed a lone dissent in Kansas v. Glover.
“The federal government forgot the Tenth Amendment and the structure of the Constitution itself.”
An innocent man was beaten up by a local police detective and an FBI agent. No one wants to take responsibility.
"These uncompensated seizures violate the Takings Clause of the Fifth Amendment."
Emergency restrictions should always be lifted as soon as the crisis has sufficiently abated.
Kansas “will not wholly exonerate a defendant on the ground that his illness prevented him from recognizing his criminal act as morally wrong.”
These Churches Refuse To Close Over COVID-19. Does the Constitution Protect Their Right To Remain Open?
Religious liberty, public health, and the police powers of the states
The coronavirus upends business as usual at SCOTUS.
Weighing the state and local response to COVID-19
Like many federal appellate courts, the Supreme Court is putting arguments on hold.
Fatal police shootings and the Fourth Amendment
The Supreme Court weighs abortion regulation in June Medical Services v. Russo.
Mississippi has a reputation for being one of the most obese states in the nation, as well as having one of America's highest incarceration rates. Neither will be improved by treating unlicensed dieticians like serious criminals.
Chuck Schumer's Trumpian Attack on the Supreme Court Threatens the Judicial Independence That Democrats Claim To Defend
The Senate minority leader threatened two justices by name, and then he lied about it.
A high-profile gun case actually presents meaty questions of administrative law
Gorsuch Throws Shade at Trump Administration for Rewriting Federal Gun Laws Without Congressional Approval
“Why should courts, charged with the independent and neutral interpretation of the laws Congress has enacted, defer to such bureaucratic pirouetting?”
Red State Challenge to Affordable Care Act Goes to SCOTUS (But the Arguments Remain Incredibly Weak) (Updated)
Today's cert grant is based on the importance of the case, not the quality of the arguments
The legal battle over immigration, federalism, and executive power heats up.
The justices heard oral arguments this week in United States v. Sineneng-Smith.
"A cross-border shooting claim has foreign relations and national security implications."
The Supreme Court is about to tackle the issue.
What’s at stake in United States v. Sineneng-Smith.
A Michigan Police Task Force Is Playing Jurisdiction Games To Avoid Compensating an Innocent Man Cops Put in the Hospital
The Institute for Justice calls on the Supreme Court to put a stop to it.
Other possible legal challenges to Trump's expanded travel ban may be precluded by the Supreme Court's ruling in Trump v. Hawaii. This one is not.
The Government Says These Men Have No Recourse Against FBI Agents Who Used the 'No Fly' List To Punish Them
The Supreme Court will decide whether three Muslims who refused to be informants can sue for damages under the Religious Freedom Restoration Act.
What’s at stake in Torres v. Madrid
It may be better only in so far as it is much more likely to get invalidated by the courts.
It's time to stop trying to cartelize the market for law clerks
This New Deal Precedent May Decide the Fate of Elizabeth Warren's Consumer Financial Protection Bureau
What’s at stake in Seila Law v. Consumer Financial Protection Bureau.
What’s at stake in Michigan v. Wood
A major constitutional clash is unfolding at SCOTUS.
The presidential hopeful weighs in on the Supreme Court.
What’s at stake in Espinoza v. Montana Department of Revenue
An interesting amicus brief by Professor John Harrison in Seila Law LLC v. CFPB
Forthcoming Article on "Overturning a Catch-22 in the Knick of Time: Knick v. Township of Scott and the Doctrine of Precedent"
The article explains why the Supreme Court was justified in overruling longstanding precedent in this important recent constitutional property rights case.
The justices declined a Democratic request to fast track a decision on the law.
The Institute for Justice asks the Supreme Court to clarify a doctrine that shields cops from responsibility for outrageous conduct.
A new abortion case raises an old question.
Newly released data suggests Census analysts dramatically over-estimated the extent to which a citizenship question would discourage responses.
The legal basis for such a ruling is hard to find.
The shifting understanding of the requirement to buy health insurance elevates form above substance.