Public Defenders vs. Gun Control
A Supreme Court decision against New York's gun control scheme would be a victory for both criminal justice reform and the Second Amendment.
Supreme Court
Biden Supreme Court Commission Releases "Discussion Materials" on Court-Packing, Term Limits, and Other Issues
The preliminary reports are generally negative on court-packing, but favorable to term limits.
Justice Thomas Sets the Tone in New Oral Argument Format
And Justice Sotomayor suggests one reason for the new format is that male justices tended to interrupt female justices.
Overheated and Inaccurate Commentary on Courts and Climate
Demand Justice's Balls and Strikes provides more heat than light.
Without Roe v. Wade, Abortion Will Remain Legal in Most States
The experience with the Texas Heartbeat Act offers a preview of what that means.
Despite the Injunction Against the Texas Abortion Ban, Clinics That Resume Their Usual Services Could Face 'Crippling Liability'
S.B. 8 allows lawsuits against people who perform prohibited abortions even if they relied on a court's determination that the law is unconstitutional.
Could the Supreme Court Revive the Trump Administration's ACE Rule?
The D.C. Circuit rejected the Trump Administration's approach to regulating power plant emissions of greenhouse gases. Some states and industry groups want the Supreme Court to take a look.
Can a Federal Judge Stop State Courts From Hearing the Lawsuits Authorized by the Texas Abortion Ban?
In a prior case challenging the law, the 5th Circuit said state judges were not appropriate defendants.
A Cop Killed a Suicidal Man and Got Qualified Immunity. Justice Sotomayor Isn't Happy About It.
Qualified immunity "does not protect an officer who inflicts deadly force on a person who is only a threat to himself."
Supreme Court Declines To Hear Louisiana's Defense of a Law That Stamped 'SEX OFFENDER' on Driver's Licenses
The policy imposed an additional form of ritual humiliation on a reviled category of people without any plausible public-safety justification.
SCOTUS, Under Fire From Left and Right, Is Back in Session With Guns and Abortion on the Docket
The justices robe up for another term.
Does the Supreme Court's Declining Popularity Matter?
It could make the Court more vulnerable to political attack and to measures such as court-packing. But the vulnerability might not be great - or last long.
If a Justice Defends the Court But Nobody Can Hear It, Does It Make a Sound?
Justices complain about how their work is misrepresented, but then do not make the text or audio of their remarks available to the public.
The Inaugural Episode of "A Seat at the Sitting"—The Supreme Court's October Sitting in 90 Minutes or Less
A quick overview of all those other cases the Supreme Court will consider
A Good Day for the Fourth Amendment
"We are not eager—more the reverse—to print a new permission slip for entering the home without a warrant," declared Justice Kagan in Lange v. California.
An Inmate Allegedly 'Leaking Blood All Over' Was Denied Medical Treatment for Hours. The Prison Guard Gets Qualified Immunity
The legal doctrine continues to render juries irrelevant.
PennEast Abandons Plans to Use Eminent Domain to Seize State-Owned Land in Case that Resulted in a Major Supreme Court Decision
The case was the subject of a Supreme Court ruling in which the power of eminent domain prevailed over state sovereign immunity.
Now That Opponents of the Texas Abortion Ban Are Using Its Provisions To Defeat It, Pro-Life Activists Are Crying Foul
In the first two lawsuits filed under S.B. 8, all of the parties seem to think enforcement of the law should be blocked.
Supreme Court Dodges Another Religious Liberty Fight
Justices have mostly demurred on the question of whether anti-discrimination laws trump religious freedom.
The DHS Agent Who Tried To Kill Kevin Byrd Can't Be Sued—Because He Works for the Federal Government
It's almost impossible to hold federal officers to account.
Two More Worthy Additions to the "Anticanon" of Constitutional Law—Berman v. Parker and Euclid v. Ambler Realty
Second in a series of posts on historically awful Supreme Court decisions that deserve more opprobrium than they get.
By Openly Defying the Texas Abortion Ban, a Physician Invites a Lawsuit That Will Make Constitutional Objections Unavoidable
Alan Braid says he broke the law, which prohibits the vast majority of abortions, to make sure it would be tested in court.
Thoughts on Dean Chemerinsky, Supreme Court Justices, and "Partisan Hacks"
If anything, Josh was too gentle on Dean Erwin Chemerinsky's latest op-ed.
The Justice Department May Have Found a Winning Argument Against the Texas Abortion Law
“The Supreme Court has repeatedly recognized the authority of the United States...to seek equitable relief to vindicate various federal interests and constitutional guarantees.”
This Private Eye Was Denied a License Because He Criticized Police
Free speech and occupational licensing collide.
Justice Breyer Thinks Supreme Court's Refusal to Intervene in SB8 Litgation Was "Very Bad"
The Justice continues his media book tour without commenting on his potential retirement.
Border Patrol Agent Wants SCOTUS To Make It Effectively Impossible To Sue Abusive Federal Officers
A precedent allowing federal officers to be held civilly liable for constitutional rights violations has come under fire.
Judge Don Willett on Supreme Stalemates
An interesting exploration of what happens when high courts are evenly divided.
Police Shot a Man Driving Away, Can't Keep Their Stories Straight, Get Qualified Immunity Anyway
A federal court admitted the officers violated the man's rights. It doesn't matter.
Conservatives Should Worry About the Texas Abortion Law Too
The same legal ruse can be used against gun rights and other civil liberties, not just against abortion.
Thoughts on the Supreme Court's Texas Abortion Ruling—and How to Prevent it From Setting a Dangerous Precedent
The decision is wrong, but consistent with previous precedent. Yet it also threatens to create a road map for circumventing constitutional rights. Fortunately, the latter can be prevented.
Stephen Breyer Makes the Liberal Case Against Court Packing
In his new book, the 83-year-old justice warns court-packing advocates to “think long and hard before embodying those changes in law.”
Supreme Court Punts on Constitutionally Dubious Texas Abortion Law
Plus: Millennial myth busting, McFlurry madness, and more...
The Sweeping Texas Abortion Ban That Took Effect Today Is Plainly Inconsistent With SCOTUS Precedents
Because the Supreme Court so far has not intervened, post-heartbeat abortions are now illegal in the Lone Star State.
Critics of the SCOTUS Decision Against the CDC's Eviction Moratorium Might Miss the Rule of Law When They Need It
The Court said it "strains credulity" to believe that Congress gave the CDC the "breathtaking amount of authority" it asserted.
Supreme Court Says Private Property Rights and Separation of Powers Do Still Exist in U.S.
Plus: Biden won't budge on Afghanistan, bad news for psychedelics measure in California, and more...
Supreme Court Concludes Trump "Remain in Mexico" Policy Must Remain in Place
The Biden Administration suffers a significant loss on the Supreme Court's "shadow docket."
Does the First Amendment Shield a Government Official From Being Censured by His Colleagues?
The Supreme Court will hear the case this fall.
How Bill Barr Kept Ken Starr Off the Supreme Court (Resulting in David Souter)
An interesting historical tidbit about the nomination of David Souter to the Supreme Court
Amy Coney Barrett Declines To Block Indiana University COVID-19 Vaccine Requirement
The university's vaccine requirement will remain in force.
A Federal Cop Devised a Bogus Sex Trafficking Ring and Jailed This Teen for 2 Years. The Cop Can't Be Sued.
The most powerful officers are held to the lowest standard of accountability.
Biden's Eviction Moratorium Defies the Rule of Law
The administration issued the order even while conceding that it lacked the authority to do so.
Biden Admits New CDC Eviction Moratorium Runs Counter to 'the Bulk of the Constitutional Scholarship'
The Supreme Court will likely rule against Biden’s executive gambit.
Gun Control Scheme Harms Black and Hispanic New Yorkers, Public Defenders Tell Supreme Court
“New York enacted its firearm licensing requirements to criminalize gun ownership by racial and ethnic minorities.”
Are Supreme Court Term Limits Coming Soon?
Biden’s Presidential Commission on the Supreme Court seems to favor judicial term limits.
Federal Judges Are Blocking State Anti-Trans Bills
Culture war bills signed into law in Arkansas, West Virginia, and Tennessee run afoul of Constitution, federal law.
School Choice Is the Answer to Education Disputes
Religious families aren’t the only ones seeking escape from endless curriculum wars.