Justice Sotomayor Tells Law Professors She Felt "Shell Shocked" After Last Supreme Court Term
A brief report on Justice Sonia Sotomayor's remarks to the Assocation of American Law Schools conference.
Supreme Court
Oregon Supreme Court Orders New Trials for Hundreds Convicted by Split Juries
Oregon was one of only two states that allowed for non-unanimous guilty verdicts until the Supreme Court outlawed them in 2020.
SCOTUS in Fall 2022: Longer Arguments, Fewer Opinions
The Supreme Court's oral arguments have become significantly longer, but the Court has yet to issue an opinion on the merits so far this term.
The Supreme Court Weighs the Future of Section 230
The famous internet law is headed for the High Court.
If You Oppose COVID Emergency Powers, You Should Oppose Title 42 Expulsions
While other pandemic policies have ended, the migration measure has “outlived [its] shelf life,” Justice Neil Gorsuch wrote yesterday.
5 Infuriating Ways People Got the First Amendment Wrong in 2022
As free speech becomes an increasingly important part of the culture war, people won't stop misinterpreting—and outright violating—the First Amendment.
Should Justices Sotomayor and Kagan Retire?
A progressive makes the case the two justices should step down within the next two years so that President Biden may appoint their successors with a Democratic Senate.
Ketanji Brown Jackson and the Future of Progressive Originalism
The liberal justice seems ready to fight legal conservatives on their own ground.
Biden Signs Respect for Marriage Act Into Law
Federal recognition of same-sex marriage is now officially on the books and no longer dependent on the Supreme Court.
Is Justice Jackson the "De Facto Leader" of Progressive Originalists?
Originalist scholar Larry Solum suggests KBJ could be the Left's Antonin Scalia.
A Federal Judge Suggests That Oregon's 10-Round Magazine Limit Does Not Implicate the Second Amendment
The new ban, which has been blocked by a state judge, so far has fared better in federal court.
Republicans Will Have To Rely on New Deal–Era Court Precedents If They Want a Federal Abortion Ban
The Supreme Court said in 1942 that local activity, not just interstate activity, was subject to congressional regulation.
Colorado's Anti-Discrimination Law Forces Artists To Echo the State's Message
A website designer asks SCOTUS to let her eschew work that contradicts her opposition to gay marriage.
Consumer Financial Protection Bureau
The Federal Government Can't Seem to Decide How the CFPB Is Funded
The Solicitor General's brief defending how the CFPB is funded contradicts what the agency and others have said in the past.
What Twitter's Suppression of the Hunter Biden Laptop Story Tells Us About the Media
Plus: The editors consider a listener question on the involuntary hospitalization of the mentally ill.
Supreme Court Debates Whether Web Designers Can Be Forced To Make Gay Wedding Pages
A million hypotheticals bloom in arguments over when and where the government may compel speech.
President Biden Wants to Ban 'Semiautomatic Weapons'? Dream On.
It’s a bold and probably unconstitutional goal that’s bound to alienate millions of Americans.
Eric Adams' Plan To Involuntarily Hospitalize Mentally Ill Homeless People Will Face Legal Challenges
Civil liberties groups say Adams' plan violates constitutional rights protecting people with mental illness from being confined against their will simply for existing.
What Does the Respect for Marriage Act Actually Say?
This isn't something radical. It basically just affirms a status quo supported by the polls.
The Respect for Marriage Act Shows That Congress Can Still Do Its Job
Congress should not forget that they can legislate in response to Supreme Court rulings.
The Solicitor General Says It Is Not "Ever Too Late" to Get A Statute Right
Is the federal government giving up on statutory stare decisis?
Abortion Rights Advocates Ask DOJ To Defend Section 230
While "the 26 words that created the internet" have been under fire from both sides, two groups argue that the 1996 law is essential to the future of abortion rights.
Two Federal Judges Say New York's Presumptive Prohibition of Guns on Private Property Is Unconstitutional
The state's ban applies unless the property owner posts a sign allowing firearms or otherwise gives "express consent."
How a Gorsuch LGBT Ruling May Doom Affirmative Action in College Admissions
The link between Bostock v. Clayton County and Students for Fair Admissions v. University of North Carolina
Biden Administration Asks Supreme Court to Lift Injunction Blocking their Massive Loan Forgiveness Program
The Supreme Court's resolution of this procedural issue may be a preview of the justices' views on the ultimate resolution of the student loan forgiveness litigation.
The Originalist Debate About Affirmative Action
The Supreme Court grapples with the original meaning of the 14th Amendment in Students for Fair Admissions v. University of North Carolina.
Federal Gay Marriage Bill Returns to Senate for Lame-Duck Session Vote
If passed, same-sex couples wouldn’t need to worry about Supreme Court precedents.
Justice Thomas Says "Sixth Circuit Must Do Better" in AEDPA Cases
The Supreme Court often reverses the U.S. Court of Appeals in habeas cases, but not this time.
It's All About the Jimmy Hats
Rethinking the constitutional defense of reproductive rights after Dobbs via the Ninth Amendment
A Judge Accepts the Biden Administration's Dubious Argument for Banning Gun Possession by Marijuana Users
Even people who use cannabis for medical purposes risk severe penalties for daring to exercise their Second Amendment rights.
Supreme Court Turns Down Opportunity to Reconsider Three More Precedents
Justices Thomas and Gorsuch have a much greater appetite for reconsidering prior precedent than the other justices do.
Jackson, in First Supreme Court Opinion, Defends Death Row Inmate
In her short, yet searing dissent, Justice Ketanji Brown Jackson argues that the court should have granted the petition of an Ohio man sentenced to death after prosecutors hid a key witness' severe intellectual disability from jurors.
Some Supreme Court Justices Want the Court To Tackle More Government Abuse Cases
Unfortunately, in five separate cases today, they're outnumbered.
After Supreme Court Ruling, States Grapple With How To Define an Excessive Fine
The Supreme Court's 2018 ruling in Timbs v. Indiana revived the Excessive Fines Clause. Now state courts have to come up with tests to determine what's excessive.
Kansas Voters Could Give Legislature Power To Veto Executive Branch Regulations
The proposed constitutional amendment would shift the state's balance of political power.
Section 230 Heads to the Supreme Court
The crucial protector of internet speech might have some cracks in its armor.
A Step Backwards for Cameras in the Courtroom
Supreme Court protesters may get their moment of fame, but they may make it less likely the justices will allow live video broadcast of oral arguments.
New Research Highlights the Limits of Abortion Bans
Out-of-state and self-managed abortions pose daunting challenges for pro-life legislators.
The Babylon Bee Joins The Onion in Decrying an Ohio Law That Makes Parody a Felony
The two fake news organizations want the Supreme Court to review the case of a man who was arrested for making fun of the police.
The Supreme Court Could End Affirmative Action
In the two cases, brought against Harvard and the University of North Carolina, anti-affirmative action group Students for Fair Admissions argues that race-conscious admissions violate the Civil Rights Act
Estimated Drop in Clinic Abortions Does Not Take Into Account Seasonal Variation or Self-Managed Abortions
The report highlights the power and limits of state bans as well as the difficulty of measuring their impact.
Yes, You Can Yell 'Fire' in a Crowded Theater
On Tuesday, Supreme Court Justice Samuel Alito repeated the common myth that "shouting 'fire' in a crowded theater" is unprotected speech.
Could the Supreme Court Decide Moore v. Harper on Statutory Grounds?
An amicus brief by Professor Derek Muller suggests the justices need not confront the "Independent State Legislature" doctrine head on.
Could Failure to Inform Insurer of Affirmative-Action Lawsuit Cost Harvard $15 Million?
Pro-tip: If you are sued, and you expect your insurer to pick up the bill, it is a good idea to give them timely notice.
A Federal Judge Says New York's Ban on Guns in Church Is Unconstitutional
The state made it a felony to carry handguns for self-defense in "any place of worship or religious observation."
New Jersey Legislators Advance a Bill That Tramples on the Right To Bear Arms While Pretending To Respect It
Carry permit applicants would have to prove they are not dangerous, and guns would be banned from myriad locations.
