What I wrote in 2016 still applies today.
Progressives are promising to get rid of this long-standing check on the power of raw majorities in the Senate just when it would help them the most.
Reviewing the record of the SCOTUS shortlister.
Amy Coney Barrett Thinks the Second Amendment Prohibits Blanket Bans on Gun Possession by People With Felony Records
The SCOTUS contender's 2019 dissent will alarm gun control supporters but reassure people who want judges to take this constitutional provision as seriously as others.
Amy Coney Barrett Demolishes the Qualified Immunity Claim of a Detective Accused of Framing a Man for Murder
The case is an encouraging sign that the SCOTUS contender is not the sort of judge who bends over backward to shield cops from liability for outrageous misconduct.
The restrictions imagined by Republicans in 2016 or by Democrats now are nothing but self-serving nonsense.
The prospects are far from ideal. But it is still potentially feasible.
While the 7th Circuit judge is often skeptical of the government's position, some of her conclusions will give pause to civil libertarians.
Plus: Trump wants to rob TikTok to pay for "patriotic education," the CDC can't confirm any cases of airplane spread, Virginia uses new "red flag" gun law, and more...
Simply put: Republicans agree not to vote on a replacement for Ginsburg until January; Democrats agree not to pack the Court.
What's next for SCOTUS?
October arguments will be over the phone again.
The federal definition of child pornography does not encompass risqué dancing by clothed 11-year-olds.
This year's annual confab is remote, but will still feature the annual B. Kenneth Simon Lecture and release of the Cato Supreme Court Review.
A Nebraska County Took His $25,000 Property To Settle a $986 Tax Debt. Now the U.S. Supreme Court Could Get Involved.
Walter Barnette didn't know that his own land had been sold out from under him until it had already happened.
SCOTUS Contender James Ho Combines Respect for Free Speech and Gun Rights With a Troubling Deference to Cops
The 5th Circuit judge is a mixed bag from a libertarian perspective.
Josh Hawley Doesn't Want Trump's SCOTUS Endorsement (Thank Goodness). But Ted Cruz and Tom Cotton Do.
Plus: The case for paying plasma donors, Joe Arpaio welcomes furries, and more...
Colorado Supreme Court Dismisses Appeal From Housing Activists Who Claimed Inaccurate Election Guidance Doomed Their Ballot Initiative
City officials repeatedly gave activists false information about the requirements for getting their initiative on the ballot.
Last month, the 9th Circuit said the opposite. It's a question the Supreme Court might have to resolve.
The Onerous Burdens of Sex Offender Registration Are Not Punishment, the 10th Circuit Rules. They Just Feel That Way.
According to the appeals court, the relevant question is what legislators were trying to accomplish.
When it comes to the Supreme Court, the answer is clearly "no." Things are less clear when it comes to the lower federal courts.
The Democratic presidential candidate favors the same magazine limit that a federal appeals court just declared unconstitutional.
What sort of judicial nominee can we expect from the Democratic candidate?
Supreme Court's Growing Popularity Reduces the Risk of Court-Packing and Other Threats to Judicial Review
Its approval rating - 58 percent - is at its highest level since 2009, far outstripping the other two branches of government. That doesn't prove the justices are doing a good job, but will make it harder to pursue court-packing or other attacks on the Court.
Yet again, the Chief Justice shows his distaste for preliminary injunctions.
The episode reflects poorly on Biden.
Linda Greenhouse Thinks COVID-19 Rules That Favor Casinos Over Churches Raise No Constitutional Issues Worth Considering
The former New York Times SCOTUS reporter does not seem to understand the arguments she is criticizing.
A bust of the Dred Scott author stands in the old Supreme Court chambers in the capitol.
SCOTUS is the least democratic branch. Is that a bad thing?
A surprisingly agreeable chat on originalism, the Supreme Court, Chief Justice Roberts and other things.
The state has barred hundreds of thousands of residents with felony records from voting without first paying off their court fines and fees.
Two centuries of precedents say the president is not immune from judicial process.
A quick scramble to end a man’s life, despite objections by attorneys and even the relatives of his victims
None of these theories fully account for the Chief Justice's decisions, though the strategic maximizer view may come closest.
The chief justice has managed to infuriate every major political faction.