SCOTUS Said You Can't Lose Gun Rights for Smoking Pot. But You Could Still Lose a Government License To Work.
An old drug conviction could still stop you from waxing eyebrows, cutting hair, or giving massages.
Supreme Court
New Jersey's Bans on Commonly Owned Rifles and Magazines Are Unconstitutional, the 3rd Circuit Says
In a decision written by a Joe Biden nominee, the appeals court addresses a long-simmering issue that the Supreme Court will consider during its next term.
A Pipeline Company Seized Their Land and Left Them With a $383,000 Bill. What Will the Supreme Court Say?
Leonard Hoffmann and his neighbors in North Dakota went to court to fight for fair market value—as the Constitution promises—after WBI Energy Transmission said it would take their land at a discount.
Justice Kagan Says Don't Call It the "Shadow Docket"
Justice Kagan tells Congress she prefers to call it the "emergency docket."
Illinois Will Finally Stop Stripping People of Their Home Equity—3 Years After the Supreme Court Outlawed It
Gov. J.B. Pritzker signed a bill that promises property owners will receive the surplus proceeds when the government seizes their home to satisfy a tax debt.
No, Congress Can't Just Overrule the Supreme Court on Birthright Citizenship
Plus: An unconstitutional war is back on.
4 Takeaways From the Supreme Court's 2025–2026 Term
From executive power to civil liberties, what to make of a momentous year at SCOTUS?
A New Jersey Judge Defies the First Amendment by Censoring News Coverage of a High School Lockdown
The judge contradicted Supreme Court precedents by ruling that a student's "privacy interests" trumped "the severe constitutional presumption" against prior restraints.
How the Right to Trial Became a Legal Fiction
Half a century after approving coercive plea bargaining, the Supreme Court is beginning to recognize its costs.
Clarence Thomas Doubled Down on Presidential Power
The conservative justice pushed for greater executive authority even in cases in which Trump won.
Video of National Constitution Center Conference on "2026 Supreme Court Review: Key Decisions, Executive Power, Civil Discourse"
Three different VC bloggers were among the speakers: Jonathan Adler, Keith Whittington, and myself.
The Supreme Court's 'Reasonable Expectation of Privacy' Test Defies Expectations
Neil Gorsuch proposes an alternative to a Fourth Amendment standard that has proven to be an unreliable safeguard against government snooping.
Can the Supreme Court Still Restrain Executive Power?
Clark Neily discusses the Supreme Court, executive authority, and why federal prosecutors wield too much power.
Supreme Court Begins Answering Lingering Questions About Constitutional Constraints on Gun Control
After upholding the Second Amendment rights of drug users and carry permit holders, the justices will address the constitutionality of "assault weapon" bans.
The Roberts Court vs. the Trump Court
Why Trump lost big in the Supreme Court cases he cared the most about
Can You Hate the Government and Still Love America?
Plus: World Cup tourists embrace America, the Supreme Court expands gun rights, and Europe's resistance to air conditioning
The DOJ Challenges Virginia's 'Assault Firearm' Law and California's Glock Ban
Assistant Attorney General Harmeet Dhillon argues that both laws are unconstitutional because they prohibit arms in common use for lawful purposes.
Will Trump v. Barbara End the Birthright Citizenship Debate? (UPDATED)
The Court may have ruled on birthright citizenship, but the debate over birthright citizenship and the Fourteenth Amendment is likely to continue.
Zohran Mamdani Goes Full Commie on Air Conditioning
Robby Soave and Christian Britschgi discuss NYC's air conditioning wars, birthright citizenship, 2010s comedy, and more!
The Supreme Court Agrees To Address the Constitutionality of 'Assault Weapon' Bans
The case could settle the long-simmering issue of whether the Second Amendment covers commonly owned but politically disfavored rifles.
Trans Athletes Lose (in Court)
Plus: A 29-year-old DSAer wins, San Francisco's disappearing babies, and more...
Neil Gorsuch Urges Supreme Court To Correct 2 Wrong Turns That Undermined Civil Liberties
The justice criticizes the Court’s endorsement of coercive plea bargaining and its embrace of dubious Fourth Amendment doctrines.
SCOTUS Saves Birthright Citizenship
Robby Soave and Amber Duke discuss the Supreme Court’s rulings on birthright citizenship and transgender athletes.
Here Are Some Ways SCOTUS Can Constrain Federal Agencies That Are Now Subject to Trump's Untrammeled Control
The Supreme Court has "no shortage of tools" to enforce the separation of powers, Justice Neil Gorsuch notes. "The only real question is whether we will use them."
Housing Villains
Donald Trump and Zohran Mamdani both do their bit to sabotage healthy housing policy.
Supreme Court Affirms Original Meaning of Birthright Citizenship, Strikes Down Trump's Executive Order
Understanding Trump v. Barbara.
Gorsuch Warns About Executive Overreach While Expanding Trump's Power
The Supreme Court extended presidential control over federal agencies. What could go wrong?
In Chatrie, Neil Gorsuch Reiterates His Critique of 2 Dubious Fourth Amendment Doctrines
The justice argues that the "reasonable expectation of privacy" test and the third-party doctrine are indefensible in theory and unworkable in practice.
In Big Win for Fourth Amendment Advocates, the Supreme Court Says 'Geofence Warrants' Count as a 'Search'
Understanding Chatrie v. United States.
Can the President Fire Anyone He Wants? Yes, Unless the Target Is Part of the Federal Reserve.
In a pair of decisions on Monday, the Supreme Court ruled that presidents have full authority to fire heads of executive branch agencies—but that the Fed is different.
Supreme Court Ends Agency "Independence," Save for the Federal Reserve
As expected, the Supreme Court overturns Humphrey's Executor, but reaffirms the independence of the Federal Reserve.
Supreme Court Quashes Scientifically Bogus Lawsuits Against Roundup Herbicide
Thousands of lawsuits alleging Roundup causes cancer are likely dead after Supreme Court Monsanto ruling.
Supreme Court Lets Trump End Temporary Protected Status for Haitian and Syrian Nationals Residing in U.S.
Understanding the 6–3 decision in Mullin v. Doe.
Supreme Court Slams the Door on Asylum Seekers at the Border
Justice Samuel Alito compared asylum seekers who haven't made it across the border to a running back being tackled on the 1-yard line.
SCOTUS Overturns Hawaii's Default Rule Against Guns on Private Property Open to the Public
The decision means similar laws in other states likewise violate the Second Amendment, and it casts doubt on the constitutionality of location-specific gun bans that cover a lot of territory.
Trump Administration Sweeps All of the (Other) Immigration Cases at SCOTUS
With the Birthright Citizenship case still undecided, the Trump Administration has prevailed in every other immigration case before the Court this term, and some are quite consequential.
Supreme Court Ruling Offers Hope to an Iowa Marijuana User Who Got 4 Years for Owning Guns
The Supreme Court's decision in United States v. Hemani could open the door to relief for cannabis consumers convicted of illegal gun possession.
D.C. Circuit Rejects Challenge to Trump Administration Expedited Removal Policy (Is an En Banc Petition to Follow?)
Is the D.C. Circuit willing to allow "conservative" panel decisions on hot-button issues to stand? And is en banc review more than a way to ensure further review at One First Street?
Who Owns Your Data?
The Supreme Court could be poised to decide whether it's you or Big Tech companies.
SCOTUS Unanimously Ruled That the Second Amendment Trumps Anti-Drug Sentiment
The decision is a modest but welcome step toward rectifying the injustice of criminalizing conduct that violates no one’s rights.
The Government Seized Their $195,000 Home Over a $2,242 Debt. What Does the Supreme Court Say They're Owed?
The Pung family of Isabella County, Michigan, maintained they were entitled to fair market value. The high court disagreed, but with a twist.
Clarence Thomas Explains Why the Commerce Clause Cannot Justify Federal Bans on Gun Possession
Even under the Supreme Court's highly elastic understanding of that clause, Thomas says, such laws do not qualify as regulation of interstate commerce.
Supreme Court Limits the Ability To Sue Prison Guards for Religious Liberty Violations
Understanding the stakes of Landor v. Louisiana Department of Corrections.
On Marijuana and Guns, Clarence Thomas Still Wants To Limit Federal Power
The conservative justice continues to wage a lonely legal crusade over the Commerce Clause.
A Supreme Court Decision Restricting Appeal Waivers Underlines the Injustice of Coercive Plea Bargaining
The Supreme Court ruled that "an agreement not to appeal a sentence is unenforceable when it would result in a miscarriage of justice."
Fiddlers, Drunkards, Marijuana, and the Second Amendment
The Supreme Court's unanimous decision in Hemani.
Supreme Court Makes It Clear There Is No Drug Exception to the Second Amendment
The unanimous decision upholding the gun rights of cannabis consumers is striking given the Supreme Court's long history of accommodating the war on drugs.
