Neil Gorsuch's LGBT Decision May Doom Affirmative Action in the Supreme Court
Why isn’t affirmative action in college admissions prohibited under the Civil Rights Act?
Supreme Court
A Federal Judge Says the Ban on Gun Possession by Cannabis Consumers Is Unconstitutional
The government argued that marijuana users have no Second Amendment rights because they are dangerous, unvirtuous, and untrustworthy.
Justice Kavanaugh on Major Questions, Chevron, and US News Rankings
Associate Justice Brett Kavanaugh addressed questions on a range of questions at a recent Notre Dame symposium.
Social Security Is on the Brink of Collapse. The GOP Won't Touch It.
In 1950, there were more than 16 workers for every beneficiary. In 2035, that ratio will be only 2.3 workers per retiree.
The IRS Serves Its 'Customers' by Terrifying Them
A $2.1 million penalty for failing to file a form on time reveals the agency’s true nature.
SCOTUS Will Decide Whether Federal Law Shields a Religious Postal Employee Who Refuses To Work on Sundays
The Supreme Court considers the scope of federally required religious accommodations at work.
Supreme Court Declines Case Challenging Excessive IRS Penalties
Should an elderly grandmother be forced to hand over millions of dollars to the government for failing to file a particular form?
Justice Barrett Authors First Supreme Court Decision of the Term
The Supreme Court has been slow to issue opinions this term, but the first opinion has finally been released.
When Does an Ugly Facebook Message Qualify as an Illegal 'True Threat' of Violence? SCOTUS Will Decide.
The Supreme Court takes up “true threats” and the First Amendment in Counterman v. Colorado.
San Francisco Sits on Carry Permit Applications As Legislators Consider New Gun Restrictions
The city has not granted a single permit since the Supreme Court upheld the right to bear arms last June.
The Hazards of Holding YouTube Liable for Promoting Terrorism
A Supreme Court case illustrates the potential costs of making it easier to sue social media platforms over user-generated content.
They Fell Behind on Their Property Taxes. So the Government Sold Their Homes—and Kept the Profits.
The Supreme Court has agreed to hear 94-year-old Geraldine Tyler's case challenging home equity theft.
A Federal Judge Blocks New Jersey's Sweeping Restrictions on Public Gun Possession
By banning firearms from a wide range of "sensitive places," the state effectively nullified the right to bear arms.
Google's Brief to the Supreme Court Explains Why We Need Section 230
There's a good reason why algorithms are still protected by Section 230.
Illinois Just Banned 'Assault Weapons' Because Their 'Only Intent' Is Mass Murder
The law is hard to defend on logical, practical, or constitutional grounds.
The Supreme Court Weighs State Sovereignty and the Status of Puerto Rico
The justices heard oral arguments in Financial Oversight and Management Board for Puerto Rico v. Centro de Periodismo Investigativo.
Our Amici Brief in the Student Loan Forgiveness Cases
arguing against standing, even though the program is unlawful.
The 3rd Circuit Considers Whether Nonviolent Crimes Justify the Loss of Second Amendment Rights
Because of a misdemeanor welfare fraud conviction, Bryan Range is no longer allowed to own guns.
The Supreme Court Case That Could Upend the Clean Water Act
If SCOTUS finds in favor of a small-town Idaho couple in Sackett v. EPA, it could end the federal government's jurisdiction over millions of acres of land.
The 5th Circuit Says the ATF Exceeded Its Legal Authority When It Banned Bump Stocks
The decision defends the separation of powers and the rule of law against an attempt to prohibit firearm accessories by administrative fiat.
Just Ketanji Brown Jackson Lands Major Book Deal for Her Memoir
It is becoming a pattern for Supreme Court justices to make significant amounts of money by publishing books.
Don't Underestimate Clarence Thomas
Justice Thomas' footprints are all over the Court's recently concluded term.
Justice Sotomayor Tells Law Professors She Felt "Shell Shocked" After Last Supreme Court Term
A brief report on Justice Sonia Sotomayor's remarks to the Assocation of American Law Schools conference.
Oregon Supreme Court Orders New Trials for Hundreds Convicted by Split Juries
Oregon was one of only two states that allowed for non-unanimous guilty verdicts until the Supreme Court outlawed them in 2020.
SCOTUS in Fall 2022: Longer Arguments, Fewer Opinions
The Supreme Court's oral arguments have become significantly longer, but the Court has yet to issue an opinion on the merits so far this term.
The Supreme Court Weighs the Future of Section 230
The famous internet law is headed for the High Court.
If You Oppose COVID Emergency Powers, You Should Oppose Title 42 Expulsions
While other pandemic policies have ended, the migration measure has “outlived [its] shelf life,” Justice Neil Gorsuch wrote yesterday.
5 Infuriating Ways People Got the First Amendment Wrong in 2022
As free speech becomes an increasingly important part of the culture war, people won't stop misinterpreting—and outright violating—the First Amendment.
Should Justices Sotomayor and Kagan Retire?
A progressive makes the case the two justices should step down within the next two years so that President Biden may appoint their successors with a Democratic Senate.
Ketanji Brown Jackson and the Future of Progressive Originalism
The liberal justice seems ready to fight legal conservatives on their own ground.
Biden Signs Respect for Marriage Act Into Law
Federal recognition of same-sex marriage is now officially on the books and no longer dependent on the Supreme Court.
Is Justice Jackson the "De Facto Leader" of Progressive Originalists?
Originalist scholar Larry Solum suggests KBJ could be the Left's Antonin Scalia.
A Federal Judge Suggests That Oregon's 10-Round Magazine Limit Does Not Implicate the Second Amendment
The new ban, which has been blocked by a state judge, so far has fared better in federal court.
Republicans Will Have To Rely on New Deal–Era Court Precedents If They Want a Federal Abortion Ban
The Supreme Court said in 1942 that local activity, not just interstate activity, was subject to congressional regulation.
Colorado's Anti-Discrimination Law Forces Artists To Echo the State's Message
A website designer asks SCOTUS to let her eschew work that contradicts her opposition to gay marriage.
Consumer Financial Protection Bureau
The Federal Government Can't Seem to Decide How the CFPB Is Funded
The Solicitor General's brief defending how the CFPB is funded contradicts what the agency and others have said in the past.
What Twitter's Suppression of the Hunter Biden Laptop Story Tells Us About the Media
Plus: The editors consider a listener question on the involuntary hospitalization of the mentally ill.
Supreme Court Debates Whether Web Designers Can Be Forced To Make Gay Wedding Pages
A million hypotheticals bloom in arguments over when and where the government may compel speech.
President Biden Wants to Ban 'Semiautomatic Weapons'? Dream On.
It’s a bold and probably unconstitutional goal that’s bound to alienate millions of Americans.
Eric Adams' Plan To Involuntarily Hospitalize Mentally Ill Homeless People Will Face Legal Challenges
Civil liberties groups say Adams' plan violates constitutional rights protecting people with mental illness from being confined against their will simply for existing.
What Does the Respect for Marriage Act Actually Say?
This isn't something radical. It basically just affirms a status quo supported by the polls.
The Respect for Marriage Act Shows That Congress Can Still Do Its Job
Congress should not forget that they can legislate in response to Supreme Court rulings.
The Solicitor General Says It Is Not "Ever Too Late" to Get A Statute Right
Is the federal government giving up on statutory stare decisis?
Abortion Rights Advocates Ask DOJ To Defend Section 230
While "the 26 words that created the internet" have been under fire from both sides, two groups argue that the 1996 law is essential to the future of abortion rights.
Two Federal Judges Say New York's Presumptive Prohibition of Guns on Private Property Is Unconstitutional
The state's ban applies unless the property owner posts a sign allowing firearms or otherwise gives "express consent."
How a Gorsuch LGBT Ruling May Doom Affirmative Action in College Admissions
The link between Bostock v. Clayton County and Students for Fair Admissions v. University of North Carolina