Neil Gorsuch and Stephen Breyer Butt Heads Over Judicial Deference to Federal Agencies
Understanding what's at stake in the important case of Kisor v. Wilkie.
Supreme Court
Supreme Court Won't Reconsider Guantanamo Bay's Indefinite Detentions
A never-ending war may mean a life sentence for being classified as an enemy combatant.
To Defeat Trump, New York Times Columnist Argues, We Must Abolish Judicial Review
Jamelle Bouie's counterintuitive recommendation would effectively eliminate constitutional limits on elected officials, including Trump and every demagogue who follows him.
Pirates, Pot, and Police: The Supreme Court Has Been Busy
Plus: intra-conservative culture war, Tulsi Gabbard on Snowden, and more…
Justices Ginsburg and Gorsuch Switch Sides
A truly interesting and unusual Supreme Court line-up.
No, I'm Serious. The Roberts Court Won't Save Trump from Impeachment
Sometimes Dershowitz gives really bad advice
How Often Has the U.S. Supreme Court Upheld a Federal Law?
An awful lot, but who's counting?
Brett Kavanaugh Flunks His First Test as an Originalist
If Kavanaugh is a committed originalist, you would never know it based on his complacent behavior in Timbs v. Indiana.
What to Make of the Supreme Court's Latest Abortion Case
SCOTUS sidesteps the hard questions in Box v. Planned Parenthood of Indiana and Kentucky.
Census Citizenship Question Pushed for by GOP Gerrymanderer
And that whole Voting Rights Act justification? Kinda the opposite, actually.
In Defense of "Virtual Briefing" (i.e. Blogging, Tweeting, Podcasting About Supreme Court Cases).
Some thoughts on a new draft article by Jeff Fisher and Alli Larsen
Dissenting From a Decision Blocking a Retaliatory Arrest Claim, Neil Gorsuch Notes That 'Almost Anyone Can Be Arrested for Something'
The Trump appointee warns that "little would be left of our First Amendment liberties" if cops could punish people who irk them by finding a legal reason to bust them.
The Supreme Court Case That Could Change Immigrant Representation in U.S. Courts
Nine years after his shooting death on the border, the family of Sergio Adrian Hernandez Guereca may finally get a chance to hold the border agent accountable.
How Often Has the U.S. Supreme Court Struck Down a Federal Law? Part II
More often than you might think
How Often Has the U.S. Supreme Court Struck Down a Federal Law?
Depends on who you ask.
A New History of Judicial Review
A new history of how the U,.S. Supreme Court has defined and enforced the limits of congressional power
Kavanaugh v. Gorsuch—Part Deux
Trumps two High Court nominees are jurisprudentially independent of one another.
The Supreme Court Probably Won't Kill Roe Yet
SCOTUS is likely to restrict abortion access, but in a more gradual way.
John Paul Stevens Is Still Trying To Defend the Kelo Debacle
In his new memoir, the retired justice seeks to justify his awful eminent domain ruling.
Court-Packing Plans Threaten Civil Liberties and the Separation of Powers
Ilya Somin of "The Volokh Conspiracy" discusses the dangers of liberal proposals to pack the Supreme Court.
Antitrust standing and Kavanaugh-versus-Gorsuch textualism
The Supreme Court's dueling opinions in Apple, Inc. v. Pepper raise interesting questions about textualist statutory interpretation.
App Store Antitrust Case Could Still Tank
Plus: Sen. Josh Hawley continues anti-tech crusade, Pete Buttigieg on tariffs, "toxic femininity," Gen Z panic, and more...
Hyatt, the Constitution, and the Common Law
A new decision on sovereign immunity, and what it means for originalists.
Kavanaugh v. Gorsuch
President Trump's two Supreme Court nominees have their differences.
A Leftist Makes the Case for Originalism
What’s worse for the left, a conservative originalist or a conservative living constitutionalist?
Might Maui v. Hawaii Wildlife Fund Disappear?
A major environmental case might settle before the Supreme Court has the chance to review it.
Supreme Court To Consider Whether Civil Rights Act Protects Gay and Transgender Workers
Does current precedent forbidding discrimination on the basis of sex-based stereotypes apply here?
Are Food-Stamp Receipts Beyond the Reach of FOIA? Supreme Court Hears Arguments Today
Plus: Violence in Sri Lanka leads to social media suppression, and the White House wants to make it harder for pretrial diversion participants to get government jobs.
The PTO's Prissy, Puzzling Rules for Registering Trademarks Are Fuct Up
The owner of a clothing line asks the Supreme Court to overturn the ban on "scandalous" trademarks because it violates the First Amendment.
Hula Hoops and Chinese Food at Supreme Court Confirmation Hearings
Are we squandering a rare opportunity to learn more about the justices?
Fake News and the First Amendment: Free Speech Rules (Episode 3)
Episode 3 of Free Speech Rules, starring UCLA law professor Eugene Volokh
Supreme Court Hears Case of Man Tried Six Times for Same Crime
The justices are considering if the prosecutor was racially biased in keeping African-Americans off the jury.
Police Sicced a Dog on a Surrendering Man. Will the Supreme Court Review the Doctrine That Gave Them Immunity?
The ACLU wants the Supreme Court to revisit the notorious qualified immunity doctrine.
Texas Would Rather Ban All Chaplains from Execution Chambers Than Placate One Buddhist Inmate in His Final Moments
Equal treatment under the law can mean everyone is treated equally poorly
Supreme Court Turns Away Georgia Cash Bail Challenge
Justices leave intact a ruling allowing detention for 48 hours of those who cannot immediately pay for their release.
Noah Feldman and Neil Siegel on Court-Packing
Two prominent liberal constitutional law scholars warn against the dangers of court-packing.
Brett Kavanaugh Explains Why He Voted to Grant Buddhist Inmate's Stay of Execution
The Supreme Court ruled 7-2 last night to grant Patrick Murphy's petition for a stay.
Hovercraft-Driving Moose Hunter Is Big Winner at SCOTUS Today
John Sturgeon can once again "rev up his hovercraft" to hunt moose on Alaska's rivers, the Supreme Court ruled unanimously.
Dangers of Growing Support for Court-Packing
There is growing support for packing the Supreme Court among liberal Democrats, including some presidential candidates. It's a terrible idea that would severely damage the institution of judicial review, if ever implemented. Thoughtful liberals would do well to reject it.
Supreme Court Gives Feds a Long Leash To Detain Immigrants With Criminal Records
Conservative majority declines to consider constitutional concerns of holding noncitizens without hearings.
The Supreme Court's Online Sales Tax Ruling Is Already a Huge Headache for Small Businesses
An overlooked ruling could force small businesses to pay sales tax in dozens, even hundreds, of jurisdictions where they have no representation.
Supreme Court Declines To Consider Whether a Bed and Breakfast Can Discriminate Against Gay Couples
A state-level decision against the property owner shows the limits of the Supreme Court's wedding cake ruling.
SCOTUS Still Won't Allow TV Cameras—But What About Same-Day Audio
The Court has released same-day audio of oral arguments before. Why can't it be a regular practice?
Colorado and Baker End Fight Over Whether He Can Be Forced To Make a Transgender Cake
Both sides agree to stand down. First Amendment precedents were on the baker's side.
Justice Gorsuch Side-Swipes Chevron
In a dissenting opinion, Justice Gorsuch suggests it's a good thing when parties don't rely upon the Chevron doctrine.
In Giant Cross Case, Justices Struggle to Clean Up a 'Dog's Breakfast' of Confusing Precedents
The alternatives suggested by defenders of the monument do not seem much better.
Can a Giant Christian Cross Be Secular?
The challenge to a World War I memorial in Maryland illustrates the confusion caused by the Supreme Court's Establishment Clause cases.