SCOTUS Debates Whether the Right to Trial by Jury Should Mean the Same Thing in State and Federal Court
Understanding what’s at stake in Ramos v. Louisiana.
Supreme Court
Gorsuch May Be Swing Vote in Decision Whether Civil Rights Act Protects LGBT Workers From Discrimination
Justices weigh textual conflict over what counts as “sex discrimination” versus what Congress originally intended.
Harvard Discriminates Against Asian-Americans, and 'Implicit' Bias Training Won't Fix That
Race-based admissions will likely make a return visit to the Supreme Court.
Supreme Court Will Finally Hear Arguments Over Federal LGBT Discrimination Protections
Does the Civil Rights Act of 1964 cover sexual orientation and gender identity?
Did the Lochner Court Have a Green Thumb?
The Supreme Court known for its skepticism of government regulation nonetheless upheld early environmental protection efforts.
Maybe the Media Mishandled the New Brett Kavanaugh Book Because It's Mostly a Dud
The Education of Brett Kavanaugh: An Investigation doesn't shed much light on the Supreme Court justice or the allegations against him.
Shareholders Challenging FHFA's Constitutionality Want Supreme Court to Hear Their Case—Even Though They Won
Fannie Mae and Freddie Mac shareholders convinced the Fifth Circuit to declare the Federal Housing Finance Agency's structure unconstitutional, but they're seeking Supreme Court review nonetheless.
Can a Federal Judge Sentence You for a Crime Your Jury Says You Didn't Commit? The Answer May Terrify You
Congress takes up the issue of "acquitted conduct."
Judge Amy Coney Barrett's "Canards of Contemporary Legal Analysis"
A former Scalia clerk revisits Justice Scalia's famed lecture on legal canards and offers a defense of textualism.
A License for Outrageous Police Conduct
Qualified immunity protects cops from liability for actions that would land ordinary people in jail.
The Supreme Court's Next Big School Choice Case
What’s at stake in Espinoza v. Montana Department of Revenue.
CFPB Decides that the CFPB Is Unconstitutional
In a newly filed brief with the Supreme Court, the Justice Department claims the Consumer Financial Protection Board's structure is unlawful.
Abortion Bans Failed in the 19th Century. They'll Also Fail in the 21st.
History provides a window into how abortion bans will play out if re-instituted.
Brett Kavanaugh Faces a New Accusation in The New York Times, but the Alleged Victim Didn't Confirm It
Plus: Andrew Yang opts out of cancel culture, Andrew Cuomo wants to crack down on flavored e-cigarettes, and more...
Supreme Court Makes It More Difficult for Refugees To Find Asylum Here
Plus: 4 myths about social media law, Trump wants to ban cigarette alternatives, and more...
The Supreme Court's Next Big Fourth Amendment Case
What’s at stake in Kansas v. Glover.
Justice Ginsburg Speaks Sensibly about Judicial Confirmations
The Notorious RBG counsels against ideological litmus tests for judicial nominees.
My New Article on the Supreme Court's Recent Decision in Knick v. Township of Scott—an Important Takings Case
The article is now available for free on SSRN.
Antonin Scalia's Surprising Role in the Latest Supreme Court Fight Over Legal Protections for Gays
Understanding what’s at stake in Bostock v. Clayton County, Georgia
Everybody Suddenly Realizes the Supreme Court Is About To Hear an Important LGBT Issue
It’s the Trump administration vs. civil rights groups on federal protections from workplace discrimination.
Judge Don Willett Butts Heads With Fellow Trump Appointees Over Qualified Immunity for Cops
“Modern immunity practice—essentially 'heads government wins, tails plaintiffs lose'—leaves many victims violated but not vindicated."
My Review of an Important New Book on the Supreme Court's Impact on American Federalism
The book by political scientist Michael Dichio argues that the Court has done more to promote centralization than protect states, and is the most thorough analysis to date, of this longstanding issue..
Another Federal Court Allows Warrantless Cellphone Searches at U.S. Border
It’s time for SCOTUS to revisit the "border search exception" to the Fourth Amendment.
Conservative Justices Are Political Hacks, Five Senators Argue While Urging SCOTUS to Drop a Second Amendment Case
The five Democrats warn that the Court may have to be "restructured" if it keeps making decisions they don't like.
SCOTUS Should Drop This Second Amendment Case, a New York Times Columnist Argues, Because Mass Shootings
The justices would be abdicating their duty to uphold the Constitution if they let such political considerations decide legal issues.
Assessing Justice Sotomayor's First Ten Years on the Supreme Court
The concerns I expressed about her record on property rights when I testified at her 2009 confirmation hearing were justified. But she has compiled an admirable record on several other issues.
Senate Democrats Back Constitutional Amendment to Undo Citizens United
Plus: Marijuana banking, suing Facebook, and more...
Gun Control Cases to Watch at the Supreme Court
What’s next for the Second Amendment at SCOTUS?
Is Money Speech? Free Speech Rules (Episode 5)
Episode 5 of Free Speech Rules, from UCLA law professor Eugene Volokh
Ruth Bader Ginsburg Calls Court Packing a 'Bad Idea'
The liberal jurist puts judicial integrity before partisan politics.
Justice Ginsburg on Justices Gorsuch and Kavanaugh
The Notorious RBG seems to like her newest colleagues.
Notorious RBG Opposes Court Packing
In recent interview, Justice Ginsburg says it would be a bad idea to increase the number of justices
Gorsuch and Kagan Clash Over Judicial Deference to the Administrative State
“It should have been easy for the Court to say goodbye to Auer.”
John Paul Stevens Was a 'Liberal Champion,' Except When He Wasn't
The late Supreme Court justice was an inconsistent defender of civil liberties.
How Justice John Paul Stevens Shaped—and Misshaped—American Law
The retired Supreme Court justice has died at 99.
Washington Supreme Court Says Obesity Is a Disability
"It is illegal for employers in Washington to refuse to hire qualified potential employees because the employer perceives them to be obese."
Justice John Paul Stevens, RIP
An admirable man with a distinguished career as a Supreme Court justice. But also the author of some of the more problematic opinions of his era.
Blame Wilbur Ross's Clumsy Lies for the Census Mess
The commerce secretary could easily have reinstated the citizenship question if he had been less transparently dishonest.
The Trump Administration's Double Reversal on the Census Highlights the Difficulties of Dealing With a Mercurial President Who Rules by Tweet
Did Trump change his mind about the citizenship question twice, or did his underlings ignore him? Which is worse?
The ACA Cases Continue (Updated)
The U.S. Court of Appeals for the Fifth Circuit hears oral argument in Texas v. US on July 9, and SCOTUS will revisit the ACA next term.
Can Federal Partisan Gerrymandering Claims be Brought in State Court?
A strange ambiguity about yesterday's decision in Rucho v. Common Cause
Trump Will Win on DACA in the Supreme Court. He Should Cut a Deal Anyway.
What one executive does, another can undo.
Neil Gorsuch Disappoints Libertarians, Votes To Uphold Protectionist Liquor Law
The conservative justice would have permitted a nakedly anti-competitive regulation.
Final Decisions of SCOTUS Term Produce an Overton Park for the Twenty-First Century
Chief Justice Roberts' irked both Left and Right with his Census decision - encapsulating what we saw the entire SCOTUS term.
Supreme Court Gerrymandering Ruling Isn't the End of Democracy
State legislatures and Congress can (and probably should) take steps to limit partisan gerrymandering. This was never an issue for the courts to settle.
SCOTUS Ruling on Adding a Citizenship Question to the Census Shows Wilbur Ross Was Defeated by His Own Lies
The Court concludes that the commerce secretary's "contrived" explanation frustrated "meaningful judicial review."
