As Chief of Staff, Stephen Miller Will Reinforce Trump's Worst Instincts
His elevation does not bode well for anyone who hoped that Trump would moderate the policies that alienated voters in the midterm elections.
Supreme Court
New Democratic Senate Spells Doom for Trump's Judicial Nominees
The Senate's new Democratic majority is unlikely to approve any Republican judges.
Don't Expect a Lame-Duck Supreme Court Vacancy (But There Are Other Nominations to Consider)
Both the NYT and Bloomberg reports that Justice Alito still intends to finish out the current Supreme Court term.
Trump's Dismissed Epstein Letter Lawsuit Is the Latest Example of His Failure To State Cognizable Claims
The president's defamation case against The Wall Street Journal fits a pattern of frivolous litigation aimed at punishing speech that irks him.
Trump's Election Interference in California and Alaska Prompts a Series of Judicial Rebukes
Four federal courts say the Trump administration is trying to usurp the states' constitutional authority over elections.
5th Circuit Judge James Ho Says a Presidentially Declared 'Invasion' Overrides Birthright Citizenship
The potential SCOTUS nominee qualifies his longstanding position that the U.S.-born children of unauthorized immigrants are citizens under the 14th Amendment.
Montana Man Faces Felony Charges for Telling Man of South Asian Descent To 'Go Back to His Country'
His alleged shove of the man would be a misdemeanor. His words have him facing a felony.
Trump's Mandatory Immigration Detention Policy Fails the Textualist Test
The administration argues that it must detain an illegal immigrant who has lived in the U.S. for 20 years while removal proceedings occur. Is that what the law says?
A Supreme Court Case Underlines the Absurdity of the Federal Ban on Home Distilling
Criminalizing the hobby is morally indefensible and inconsistent with the treatment of wine and beer.
Gorsuch and Sotomayor Unite in Another Civil Liberties Case
Plus: How a conservative Supreme Court justice ushered in “the birth of modern zoning.”
Police Destroyed Their Homes and Businesses. The Supreme Court Won't Say Who Should Pay.
Are innocent people entitled to compensation when their property is ruined by police? That will continue to be an "open question."
Defending Its AR-15 Ban, Cook County Urges SCOTUS To Ignore the Rifle's Popularity
Even if AR-15s are covered by the Second Amendment, the county's brief says, that doesn't mean Americans have a right to own them.
A Religious Preschool Is Barred From a State's Universal Preschool Program. SCOTUS Will Decide What's Legal.
Plus: Kagan is still defending the Court from the “bum rap” that it is pro-Trump.
Supreme Court Takes Up Accusations of Race-Based Middle School Admissions
Maryland parents say admissions rules tied to school poverty levels put Asian-American students at a disadvantage.
Trump Administration Urges SCOTUS To Uphold Federal Ban on Distilling Liquor at Home
The justices will decide the case later this term.
Supreme Court Will Hear Case on "Facially Neutral" Discrimination Against Asian Students in Admissions to Public Magnet Schools
The case arises as both right and left favor various forms of anti-Asian discrimination.
Supreme Court Will Hear Necessary and Proper Clause Case on Federal Law Banning Home Distilleries
The case is likely to be the most important Necessary and Proper Clause case since 2012.
Steve Vladeck's "Hard Questions About Court Expansion"
A leading critic of the conservative majority on the Supreme Court oultines reasons why court-packing is a bad response to its flaws.
Jury Nullification Is Not a Crime
Plus: Two notable cases this week at the Supreme Court.
The 3rd Circuit Upholds the Gun Rights of a Man Who Committed a Nonviolent Misdemeanor 2 Decades Ago
The appeals court said it was unconstitutional to permanently disarm Edward Williams based on a 2005 DUI conviction.
Trump Keeps Coming Up With Legally Dubious Tariff Justifications
Trump launched his third round of broad tariffs after his first two attempts ran into legal trouble.
How Local Governments Turn Minor Violations Into Financial Ruin
The Supreme Court will soon have a chance to rein in excessive fines.
Other Courts Should Heed a Federal Judge's Warning About Flock-Enabled Mass Surveillance
Car-tracking cameras, like cellphones, generate vast amounts of sensitive data.
A New Supreme Court Case Tests the Limits of Judicial Deference to Federal Agencies
What’s at stake in Beaird v. United States.
Are Warrantless Phone Searches at the Border Constitutional? The Supreme Court May Soon Decide.
The case of George Anibowei, a U.S. citizen who has had his phone searched at least five times at the border, shows just how invasive border agents have become.
TV Networks Protested Press Bans by Declining To Cover Trump. That Might Have Been Illegal, the DOJ Says.
The antitrust investigation adds another layer of bullying to Trump's vendetta against "Fake News Media Outlets."
Trump Has Been Trampling Free Speech for More Than 40 Years—and It Keeps Getting Worse
The president stands out from his modern predecessors by openly displaying his contempt for the First Amendment.
A Missouri School District Censored a Parent's Negative Facebook Emoji Because It Was 'Upsetting'
Annie Palmer was banned from the district's Facebook page for expressing her displeasure at the hiring of a new elementary school principal.
New York Is Fining Amish Schools Over Vaccines, So the Amish Are Asking the Supreme Court for Help
After $118,000 in fines for allowing unvaccinated students to attend Amish schools, the plaintiffs are pursuing a case that could reshape how the courts protect religious exercise.
Adler v. Kochan on Suncor Energy v. Boulder County
A just released episode of the Blessings of Liberty podcast.
Alito's 'Practical Originalism' Doesn't Sound Very Originalist
The conservative justice seems to favor the kind of results-oriented judging that originalists are supposed to oppose.
Prettifying Executions Does Not Make Them Quicker or More Reliable
Lethal injection aims to disguise the brutal reality of capital punishment by dressing it in medical garb.
Justice Alito Gives a Fuller Explanation of His Suncor Recusal
One of several worthwhile tidbits in Justice Alito's Wall Street Journal interview.
Justice Alito on Originalism
His recent Wall Street Journal column on this subject makes some interesting points, but raises more questions than answers.
A SCOTUS Petition Argues That Pot Growers, Like Pot Smokers, Cannot Be Categorically Disarmed
The case involves a federal law that criminalizes gun possession by people convicted of nonviolent felonies.
A Response to Michael Buschbacher on Suncor Energy v. Boulder County
In which I reject the suggestion that my arguments do not support the respondent's position before the Supreme Court
Unpacking the Suncor Oral Argument: Two Upcoming Events
Upcoming events at Penn Carey Law and CWRU at which I will discuss what we learned from oral argument in the Supreme Court's first case of the term.
A Conversation with "One of the Most Influential Supreme Court Justices of Our Time"
Jan Crawford's profile of Justice Alito based upon the interviews that will air on CBS News.
Justice Alito on Deciding When to Retire from the Court
Justice Samuel Alito offers candid comments to Jan Crawford of CBS News.
2 Lawsuits Cast Further Doubt on the Claim That ICE Agent Jonathan Ross Killed Renée Good in Self-Defense
According to complaints filed by Good's family, Ross was not in any danger when he fired three shots into her car.
Justice Gorsuch on Abuse of Emergency Powers
In a recent talk, he decried a situation where "everything is an emergency."
Border Agents Nabbed Their Phones. These Two Floridians Are Fighting Back.
A former assistant state attorney and an immigrant rights activist both had their phones seized, despite having attorney-client privilege. They're suing to protect their data.
Justice Alito Says Recusal in Suncor Energy v. Boulder County a "Difficult Judgment Call"
Bloomberg reports on why Justice Alito decided to recuse from the first case of the Supreme Court's term.
You Can Now Sue Federal Agents in California. Good Luck Getting Past Qualified Immunity.
Californians can now sue federal officers for civil rights violations, but cops can still claim qualified immunity as a bona fide defense for official misconduct.
A Limited Supreme Court Win for Trump's Voter Database
Department of Homeland Security v. League of Women Voters won’t really impact the 2026 election. But 2028 is a different story.
The 5th Circuit Rejects Qualified Immunity for Cops Who Searched a Driver After a Bogus Traffic Stop
"It is clearly established that an officer cannot pull someone over without reasonable suspicion and thereafter concoct a fabricated traffic violation," the appeals court says.
As Suncor Approaches, Justice Alito Recuses
The petitioners appear to lose a vote they might need in Suncor Energy v. Boulder County.
