Justice Kavanaugh Really Wants to Hear More (Patent) Cases
Not all of the justices are happy about the Court's stingy approach to certiorari.
Supreme Court
Supreme Court Will Hear Case on Whether there is a "Legislative" Exception to the Takings Clause
The case will consider whether the government is exempt from takings liability for imposing exactions as a condition of development rights in situations where the exaction is imposed by legislation. Unlike many Supreme Court cases, this one can be resolved very easily by applying a basic principle of constitutional law.
Supreme Court Will Review Fifth Circuit Ruling that Creates a Catch-22 for Takings Claims Against State Governments
The badly flawed lower court ruling defies the Supreme Court's landmark 2019 decision forbidding such Catch-22 traps, and threatens the property rights of large numbers of people.
Arbitrary Restrictions Explain Why Trump Was Not Allowed To Buy That Glock
Before correcting the record, the former president's spokesman inadvertently implicated him in a federal crime.
California's 10-Round Magazine Limit Is Unconstitutional, a Federal Judge Rules (Again)
"There is no American tradition of limiting ammunition capacity," U.S. District Judge Roger Benitez says, calling the state's cap "arbitrary," "capricious," and "extreme."
Trump's Abortion Triangulation Makes Political Sense but Belies His 'Pro-Life' Pose
The former president is right to worry that supporting restrictions on abortion could hurt him in the general election.
New Mexico Gov. Michelle Lujan Grisham's Unconstitutional Gun Edict Was a Huge, Bipartisan Flop
The governor's attempt to rule by decree provoked widespread condemnation instead of the applause she was expecting.
Interstate Travel to Get Abortions has Prevented the Dobbs Decision from Significantly Reducing the Number of Abortions in the US
Some estimates suggest the number of abortions has even increased.
A Blatantly Unconstitutional Gun Edict Highlights the Hazards of Emergency Powers
New Mexico Gov. Michelle Lujan Grisham thinks violent crime gives her a license to rule by decree.
New Mexico's Governor Suspends the Right To Bear Arms, Saying the Second Amendment Is Not 'Absolute'
Local police officials are leery of enforcing Michelle Lujan Grisham's ban on public carry, which gun rights groups have challenged in federal court.
How Affirmative Action Lost at the Supreme Court
Preferential college admissions violated the 14th Amendment's Equal Protection Clause.
Jared Polis: Democrats Are 'More Pro-Freedom Than Republicans'
The Colorado governor finds common ground with many libertarians. But does he really stand for more freedom?
The Sticky Spaghetti School of Constitutional Law
Politicians are throwing laws at the wall and seeing what sticks.
SCOTUS' Ruling in Gay Wedding Website Case Was a Defeat for Compelled Speech
"The opportunity to think for ourselves and to express those thoughts freely is among our most cherished liberties," Justice Neil Gorsuch wrote in the majority opinion.
A Ruling Against a Man Arrested for a COVID-19 Joke Highlights the Influence of a Pernicious Analogy
A federal judge compared Waylon Bailey’s Facebook jest to "falsely shouting fire in a theatre."
'No Reasonable Officer' Would Have Arrested a Guy for a COVID-19 Joke, the 5th Circuit Says
The appeals court ruled that a Facebook post alluding to World War Z was clearly protected by the First Amendment.
Does the Quality of Brief Writing Affect the Outcome of Supreme Court Decisions?
An interesting empirical study looks at whether better briefs lead to better outcomes.
My UnPopulist Article on Supreme Court Politicization and Dangers of Schemes to Undermine Judicial Review
While there is some genuine politicization, it is not as great as often claimed. Proposals to undermine judicial review could easily end up empowering the very sort of authoritarian president progressives fear.
Without a Diversion Agreement, Hunter Biden Could Go to Prison Under an Arbitrary Gun Law His Dad Supports
Special Counsel David Weiss will face a Second Amendment challenge if he prosecutes the president's son for illegally buying a firearm.
The Government Has Made College an Overpriced Scam
Thankfully, you don't need fancy dining halls or a college degree to have a good life or get a good job.
The Arbitrary Ban on Gun Possession by Drug Users Invites Wildly Uneven Enforcement
Violators are rarely caught, while the unlucky few who face prosecution can go to prison for years.
5th Circuit Says Prosecuting a Cannabis Consumer for Possessing Guns Violated the Second Amendment
The decision casts further doubt on the constitutionality of a federal law that makes it a felony for illegal drug users to own firearms.
A Ham-Handed Bill Attacks the First Amendment in the Name of Protecting Minors From Online Harm
The Kids Online Safety Act imposes an amorphous "duty of care" that would compromise anonymous speech and restrict access to constitutionally protected content.
Law Profs Tout Qualified Immunity for Unconstitutional Gun Restrictions
Promoting impunity for violating rights as a policy tool? What could go wrong?
Supreme Court Saves Mountain Valley Pipeline from Fourth Circuit Stay
The Supreme Court vacated a stay entered by the U.S. Court of Appeals for the Fourth Circuit.
Congress Can Regulate the Supreme Court—But There Are Limits to That Power
Justice Alito was wrong to suggest Congress has no authority to regulate the Court. But that authority is itself subject to constraint.
Partisanship Is Muddling the Important Debate Over Supreme Court Ethics
Ethics allegations have been raised against Clarence Thomas, Samuel Alito, Neil Gorsuch, and Sonia Sotomayor. Both sides have retreated into whataboutism.
A Flawed "Popular Constitutionalist" Rationale for Disobeying Supreme Court Decisions
Harvard law Prof. Mark Tushnet and political scientist Aaron Belkin urge President Biden to disobey "gravely mistaken" Supreme Court rulings. Doing so would set a dangerous precedent likely to be abused by the right, as well as the left.
Are Petitions for Certiorari Declining?
October Term 2022 saw a significant drop in the number of paid petitions for certiorari. Is it a trend?
Debating the Legacy of Justice John Marshall Harlan
A critical column by Jamelle Bouie prompts an extensive reply from Peter Canellos.
Will SCOTUS Be the Mountain Valley Pipeline's MVP?
The Mountain Valley Pipeline's developers seek Supreme Court intervention to prevent the U.S. Court of Appeals for the Fourth Circuit from delaying its completion.
Notes on "The Restrained Roberts Court"
Contrary to popular perception, the current Supreme Court overturns precedent and declares laws to be unconstitutional less often than its predecessors did.
A Win for the First Amendment, and a Loss for Partisans Who Want to Weaponize Censorship
One thing is clear about Missouri v. Biden: The decision cannot be understood by viewing it through a polarized lens.
David Sosa Says Mistakenly Arresting Him Twice Based on His Name Violated His Rights. Other David Sosas Agree.
The 11th Circuit rejected Sosa's constitutional claims, and he is asking the Supreme Court to intervene.
Affirmative Action Is Racist and Therefore Wrong
If activists want to help young people, they should start before college.
Police Seized Innocent People's Property and Kept It for Years. What Will the Supreme Court Do?
Civil forfeiture is a highly unaccountable practice. The justices have the opportunity to make it a bit less so.
Biden's Changes to Income-Based Student Loan Repayment Could Cost Billions
Biden plans to slash minimum monthly payments to just 5 percent of borrowers' income.
The Courts vs. Misinformation Cops
Plus: A listener questions last week’s discussion of the Supreme Court's decision involving same-sex wedding websites and free expression.
Coleman Hughes and Walter Olson: The Supreme Court Got Its Affirmative Action and Gay Website Cases Right
Contra Joe Biden, they argue that these recent rulings show respect for individual rights and concern for racial and sexual minorities.
This 80-Year-Old Supreme Court Case Offers Hope for Teachers Who Think DEI Has Gone Too Far
Teachers are citing West Virginia v. Barnette to protect their right not to be compelled to say something they disagree with.
Did the Supreme Court Roll Back Gay Rights and Civil Rights?
Join Reason on YouTube and Facebook Thursday at 1 p.m. Eastern for a live discussion of the Court's recent rulings on affirmative action and same-sex wedding services.
Three Cheers for the Supreme Court
Plus: A listener question on the potential efficacy of congressional term limits.
What Will 303 Creative Mean for Social Media Regulation?
If you can't force a web designer to serve a gay wedding, can you force a web platform to serve a politician?
Joe Biden's Incoherent Student Loan Logic
Plus: Fewer cops, less crime; free beer; and more....
Lots of Administrative Law On Tap for Next Supreme Court Term
The Court will consdier whether to invalidate the CFPB's funding, narrow standing, and overturn Chevron, among other things.
Looking Back on the Supreme Court's 2022-23 Term
Some end-of-term comments and an assessment of my end-of-term predictions.
President Biden: Supreme Court Is Not "Normal," But Should Not Be Expanded
The President strongly criticized the Supreme Court's recent decisions, but refuses to endorse radical reform.
