Justice Kennedy: Draft Opinion Leak Was "Cowardly, Corrupt, Contemptuous Act."
The former Associate Justice joins those condemning the leak of a draft opinion.
Supreme Court
Republicans Defend Texas Social Media Law—and Compelled Speech
Plus: Twitter defends user anonymity, Oklahoma legislature approves abortion ban, and more...
Isaac Chotiner Interviews Professor Laurence Tribe
A revealing interview on the Supreme Court, Chief Justice Roberts, climate change, and Tribe's tweeting habits.
New York's Governor Wants to 'Silence' Constitutionally Protected Speech
In response to the Buffalo massacre, Gov. Kathy Hochul invoked a hoary analogy to justify censorship.
Akhil Amar on the Draft Dobbs Opinion
A prominent progressive law professor challenges some of the prevailing orthodoxy on Roe, Dobbs, and Supreme Court precedent.
The Blurry Legal Line Between Doctors and Drug Dealers
Xiulu Ruan, a pain specialist, was sentenced to 21 years in federal prison for prescribing opioid analgesics "outside the usual course of professional medical practice."
Georgia Cops Rummaged Through Student-Athletes' Luggage in a Fruitless Search for 'a Little Bit of Marijuana'
When did the K-9 arrive? And what was the probable cause for the search?
What Happens if States Ban Out-of-State Travel for Abortion?
Anti-abortion interstate travel bans would have multiple constitutional defects.
Text and History for Thee but Not for Me?
The Court makes other people follow the text and history, but at least when it comes to certiorari, the justices lose their religion.
The Failed Senate Abortion Bill Went Far Beyond Preserving Current Rights
Without citing any constitutional authority to dictate state abortion policies, the bill would have overridden regulations that have been upheld or have yet to be tested.
The End of Roe Heralds the Rise of Pro-Abortion, Big Government Policies
Liberal states don't want to treat abortion as a personal, private choice either. Instead, blue state policy makers want to spend tax dollars subsidizing and promoting it.
In Defense of Roe
The last 50 years have been marked by a remarkably stable social consensus balancing the rights of women and fetuses. Let's not throw that away.
The Supreme Court's Olmstead Power Grab
Olmstead isn't just a wiretapping case; it's where the Court took the power to preselect questions.
Public Opinion About Abortion Is Complex and Sometimes Confused
Americans cannot be neatly divided into two sides, and they do not necessarily understand the implications of Roe v. Wade.
There Is a Reason Why Roe v. Wade's Defenders Focus on Its Results Rather Than Its Logic
The abortion precedent has faced withering criticism, including damning appraisals by pro-choice legal scholars, for half a century.
A Brief History of Certiorari, Error, and Appeal
No matter how the case got there, the Court had to decide the whole thing.
Alito, Abortion, and Autonomy
Plus: ruminations on public health, misinformation, and media literacy
Is Abortion a Constitutional Right? Josh Blackman on Alito's Draft
The constitutional scholar on abortion, Sam Alito, and the future of federalism
What the Leaked Abortion Opinion Gets Wrong About the Founding Era
Understanding state regulatory powers at the time of the founding.
Samuel Alito Thinks It's Obviously Absurd To Suggest That Drug Prohibition Violates the Constitution
The justice overlooks the long American tradition of pharmacological freedom and the dubious constitutional basis for federal bans.
Reversing Roe v. Wade Wouldn't be the First Time the Supreme Court Gutted Precedents that Protect Individual Rights - Far From it
That fact doesn't necessarily justify overruling Roe. Depending on how it's viewed, the history of such reversals may even counsel against further such moves.
Josh Blackman: Sam Alito, Roe v. Wade, and Libertarians
Does returning decisions about abortion to the states increase liberty or shrink it?
Do Americans Who Support Roe v. Wade Understand Its Implications?
Although recent polls show a majority thinks the abortion precedent should be preserved, some respondents seem confused about what that would mean.
The Impact of Overturning Roe v. Wade Will Be Less Dramatic Than Abortion-Rights Advocates Fear
Abortion is likely to remain legal in most states, and workarounds will mitigate the effects of bans.
Don't Prosecute the Supreme Court Leaker
If the leaker's identity is ever revealed, he or she will face serious professional and reputational sanctions. There's no need to wish for criminal punishments too.
Will a Conservative Supreme Court Turn on Gay Rights After Dismantling Roe? Be a Skeptic
Gorsuch just penned an important pro-LGBT decision two years ago. Americans are largely not interested in relitigating this issue.
What the Leaked Abortion Opinion Gets Wrong About Unenumerated Rights
The Constitution protects many more rights than it mentions.
Leaked Abortion Opinion 'Is Authentic,' Confirms Supreme Court
But the leaked opinion is not “the final position of any member on the issues in the case.”
The End of Roe? Everything You Need To Know About the Leaked Supreme Court Draft Opinion
Plus: Boston rebuked for rejecting Christian flag, Google will remove more personal information, and more...
Supreme Court Rules Boston Was Wrong To Bar Christian Flag From City Hall
The justices unanimously agree that the city was not endorsing the flags, and that therefore it couldn’t exclude religious organizations.
Anthony Fauci Thinks Scientific Expertise Trumps the Rule of Law
The president’s COVID-19 adviser embodies the arrogance of technocrats who are sure they know what’s best for us.
Texas' Social Media Law Recycles Left-Wing Media Theory
Forcing private companies to host speech violates the First Amendment.
If the CDC's Mask Mandate Is 'Necessary for the Public Health,' Why Didn't the DOJ Seek a Stay To Restore It?
The Biden administration's main priority seems to be leaving the agency's authority vague enough to allow future interventions.
YouTube ISIS Videos Mean the Supreme Court Could Reconsider Section 230
Plus: A court rejects a "discriminatory harassment" ban at a Florida university, a private space mission heads back to earth, and more...
The DOJ Is Reluctant To Continue Defending the CDC's Mask Mandate Because It Worries It Will Lose Again
Clarifying the agency's authority could impede future power grabs.
Supreme Court Denies Certiorari in Blue State Challenge to Cap on SALT Deduction
An utterly meritless suit ends not with a bang, but a whimper.
SCOTUS Could (and Should) Strike Down California's Animal-Rights Law
Proposition 12 threatens the national food economy.
My NBC Article on the Confirmation of Supreme Court Nominee Ketanji Brown Jackson
It explains why many of the reasons GOP senators gave for opposing Jackson were ridiculous, but also that there is nothing inherently wrong in opposing a qualified "mainstream" nominee based on differences over judicial philosophy.
Justice Barrett Says "Read the Opinion"
The Associated Press reports on the junior-most Justice's remarks at the Reagan library.
The Supreme Court Says You Can Sue Cops Who Frame You on False Charges
The previous standard barring such lawsuits made “little sense," wrote Justice Brett Kavanaugh for the majority.
Republicans Taking Aim at Disney Is a Reminder That Both Parties Are Hostile to Free Speech
For most of the past decade-plus, those complaining the loudest about corporate participation in politics have been Democrats.
Did Ketanji Brown Jackson Flout the Law When She Reduced a Drug Dealer's Sentence?
The Supreme Court nominee's critics say she clearly did, but several federal appeals courts disagree.
One Cheer for Stephen Breyer
Breyer led the charge against the court packers, denouncing them as shortsighted ideologues who threatened both judicial independence and bedrock liberal values.
He Spent 28 Years Behind Bars for a Murder He Didn't Commit and Died Before Seeing Justice
The police officers who allegedly framed William Virgil were denied qualified immunity. But they're still trying to delay a trial.
Handgun Carry Permits Transform a Right Into a Privilege
The argument for loosening restrictions on armed self-defense goes beyond the measurable impact on public safety.
Louisiana Supreme Court Allows Police Officer's Lawsuit Against Black Lives Matter Organizer
DeRay Mckesson didn’t cause or encourage violence against police in Baton Rouge in 2016. The court says he can still be held responsible.