New Report on State Standing in Student Loan Case Comes Up A Few Dollars Short
A new report purporting to show that Missouri's arguments for standing in Nebraska v. Biden are based on a lie fails to deliver.
Supreme Court
Has Moore v. Harper Become Moot?
The Supreme Court wants further briefing on whether it retains jurisdiction
Justice Scalia's Unpublished Dissent in Kelo v. City of New London
Its existence was revealed when Justice John Paul Stevens' papers were made public earlier this week.
What I Learned From Justice Stevens' Papers on Kelo v. City of New London
There are several interesting revelations, including an unpublished dissent by Justice Antonin Scalia.
What I Hope to Learn from Justice Stevens' Papers on Kelo v. City of New London
The author of one of the Supreme Court's most widely hated rulings left us extensive files on the case, which have just been made public. They could help shed light on key unanswered questions about.
'Assault Weapon' Bans Look More Legally Vulnerable Than Ever
A preliminary injunction in Illinois may signal the demise of a long-running public policy fraud.
Supreme Court Could Rein In Administrative State With New Case
Plus: Divides over misinformation, on free markets and social justice, and more…
Chevron Matters — But Not as Much as You Might Think
Overruling Chevron won't gut the administrative state or even severely constrain it. But it could help strengthen the rule of law.
Has the Supreme Court Put Chevron in the Crosshairs?
One of today's two cert grants comes in a case asking the justices to reconsider Chevron v. NRDC.
Where Are the SCOTUS Opinions?
This Supreme Court term is setting a record for not releasing opinions in argued cases.
Supreme Court To Consider Whether Politicians Can Block You on Social Media
Plus: Missouri attempts to ban gender transition treatments for adults, another bad social media bill hits Congress, and more...
The Government Stole Her Home Equity Over an Unpaid Tax Bill. Will the Supreme Court Vindicate Her?
A win for Geraldine Tyler, who is now 94 years old, would be a win for property rights.
Oral Argument Indicates Property Rights Likely to Prevail in Supreme Court Home Equity Theft Takings Case
The decision may even be unanimous.
Unusual Cross-Ideological Agreement in Tyler v. Hennepin County
Takings cases often divide opinion along left-right ideological lines. The home equity theft case argued before the Supreme Court today is a rare exception.
Despite SCOTUS Ruling Limiting Its Authority, EPA Tries To Unilaterally Regulate Carbon Emissions Again
Plus: More details emerge on Fox News' firing of Tucker Carlson, Aubrey Plaza shills for Big Milk, Biden announces he's running for president, and more...
Justice Kavanaugh Wants to Hear More Cases
Justice Kavanaugh was alone in noting his desire to accept certiorari in two cases the justices rejected.
Supreme Court Stays Lower Court Ruling That Limited Access to Abortion Pill
Mifepristone will remain on the market for now with no changes to how it can be prescribed.
Biden's Student Loan Pause Overwhelmingly Benefited Wealthier Americans
Is this what equity looks like?
Supreme Court Decides to Hear Important Asset Forfeiture Procedural Property Rights Case
The Court will determine whether the Due Process Clause prevents the government from using asset forfeiture to seize property and hold it for many months without a timely hearing.
Kavanaugh v. Gorsuch—The Return
Today's opinions are a requel to prior splits among the most recent Republican appointees to the Supreme Court.
The Supreme Court Will Decide Whether You Have a Right to a Prompt Hearing After Cops Seize Your Property
The Supreme Court has agreed to hear two consolidated cases by Alabama women whose cars were both seized for more than a year before courts found they were innocent owners.
Supreme Court Weighs Whether Postal Service Can Force Christian Employee To Work on Sundays
Plus: Dominion defamation suit against Fox News starts today, Republicans' debt plan, and more...
Is Clarence Thomas Ethically Challenged?
Plus: What the editors hate most about the IRS and tax day
Unanimous Supreme Court Affirms Right to Challenge Federal Agencies in Federal Court
Those claiming they are subject to unconstitutional agency proceedings need not suffer through agency proceedings before bringing their claims to federal court.
Video of My Federalist Society "Seat at the Sitting" Talk on Tyler v. Hennepin County
My presentation covers an important takings case currently before the Supreme Court.
Another Federal Judge Rejects the DOJ's Argument That Cannabis Consumers Have No Second Amendment Rights
U.S. District Judge Kathleen Cardone was unimpressed by the Biden administration's argument that marijuana users are too "dangerous" to own guns.
Is Telling Someone To 'Die' on Facebook Protected by the First Amendment?
A Colorado man was convicted under an anti-stalking law for sending hostile messages online.
Restraining Orders Do Not Prove That People Are 'Dangerous'
The Biden administration is defending a federal law that disarms Americans based on "boilerplate language" in orders that judges routinely grant.
The Ruling Upholding the Gun Rights of People Subject to Restraining Orders Is Not As Crazy As You Might Think
The 5th Circuit noted that such orders can be issued without any credible evidence of a threat to others.
Victory for Property Rights in Highly Technical Supreme Court Decision
An unusual coalition of liberal and conservative justices rules that property owners have right to use Quiet Title Act to contest federal intrusion on their land, even in some cases where the statute of limitations may have passed.
Federal Agencies Keep Failing To Legally Interpret the Clean Water Act
The Biden administration is the third administration in a row to fail to issue Clean Water Act regulations that pass judicial scrutiny.
Sotomayor Grills Government Lawyer Over Law 'Criminalizing Words Related to Immigration'
The Supreme Court justice seemed willing to invalidate the federal law on First Amendment grounds.
Federal Courts Clash Over Financial Watchdog's Constitutionality
The CFPB funding scheme is constitutional, the 2nd Circuit says.
Law Enforcement Beat This Innocent Man to a Pulp. Will the Supreme Court Allow Him To Seek Recourse?
James King is once again asking the high court to rule that two officers should not receive immunity for choking him unconscious and temporarily disfiguring his face.
The DOJ Says Forbidding Pot Users To Own Guns Is Like Telling People Not To Carry Guns When They're Drunk
Defending a categorical ban on gun possession by cannabis consumers, the Biden administration cites inapt "historical analogues."
COVID-19 and the Confrontation Clause
Is testimony over Zoom consistent with a criminal defendant's Constitutional rights?
Justice Jackson Calls for Reining in the Use of Munsingwear Vacatur
The Court's newest justice questions whether her colleagues are too quick to vacate lower court decisions.
Cruz v. Arizona's Very Odd Jurisdictional Holding
Did the Court misunderstand its "adequate and independent state ground" doctrine?
New York's Libertarian and Green Parties Petition Supreme Court Over New York's Restrictive Ballot Access Laws
The third parties think the new ballot restrictions meet no legitimate state interest besides guaranteeing Democrat and Republican hold on government.
James Madison's Decentralized Republic
The Constitution was intended to preserve state sovereignty, not create an all-powerful central government.
The Supreme Court Tackles the First Amendment Right To Encourage Illegal Immigration
Understanding what’s at stake in United States v. Hansen
My Forthcoming Article on "The Case for Expanding the Anticanon of Constitutional Law"
It argues for increasing the number of cases in the Supreme Court's "Hall of Shame" and proposes three worthy additions.
A Consistent Approach to Protecting Judicial Review in Both the US and Israel
Why I oppose both right-wing efforts to neuter judicial review in Israel and left-wing attempts to do the same in the US.
Conservatives Who Want To Weaken Defamation Standards May Regret Opening That Can of Worms
Contrary to the Supreme Court's First Amendment precedents, Donald Trump thinks harsh criticism of the president should be actionable.
Congress Should Not Give Any Government Agency Financial Free Rein
Lawmakers should proactively retake the power of the purse from the Consumer Financial Protection Bureau, regardless of how the Supreme Court rules.
