How Focusing on Rape-or-Incest Exceptions Distorts the Abortion Debate
The New York Times misleadingly claims that cases like the abortion sought by a 10-year-old Ohio rape victim "are not as rare as people think."
Supreme Court
Supreme Court Tells Cops To Stop Playing Doctor
The unanimous decision is a good first step for getting law enforcement out of prescription decisions.
This Lawsuit Says a Recent SCOTUS Decision Makes It Clear That 'Assault Weapon' Bans Are Unconstitutional
The Supreme Court unambiguously rejected the sort of reasoning that a federal appeals court used to uphold New York's ban.
This Appeal Asks the Supreme Court To Reject Warrantless Gun Seizures Justified by 'Special Needs'
The Institute for Justice urges SCOTUS to renounce that open-ended exception to the Fourth Amendment.
Does West Virginia v. EPA Doom the SEC's Climate Disclosure Rule? (Updated)
The Supreme Court is skeptical of agency efforts to pour new wine out of old bottles.
Renegade District Attorneys Who Defy State Mandates Are Often Freedom's Last Line of Defense
Perhaps, as we relearn the virtues of local decision-making, we'll also reacquire a taste for individualism.
Politicians Defy the Supreme Court's Ruling on the Right To Bear Arms
Several states are retaining subjective criteria for carry permits or imposing new restrictions on gun possession.
A California Law Regulating Ride-Share Apps Leaves Truckers in Limbo
The state's trucking industry fears drivers will quit or work out of state.
If Congress Bans Abortion, This New Deal Precedent Will Be at the Center of the Legal Battles
A 1942 decision about the Commerce Clause takes on new importance post-Roe.
Will Chevron Get the Lemon Treatment?
The Supreme Court proclaimed this term that the Lemon test had been abandoned. Is this what is in story for Chevron?
State Reactions to the SCOTUS Ruling Against Discretionary Carry-Permit Laws Range From Compliance to Defiance
Some states promptly eliminated subjective standards, while others refused to recognize the decision's implications.
The Clarence Thomas Court Is Good News for Gun Rights, Bad News for Criminal Justice Reform
Like it or not, the Thomas Court is here.
How Would You Change the Constitution?
I asked scholars, podcasters, and passersby how they'd change the nation's founding charter. Here's what they told me.
After a SCOTUS Rebuke, New York Imposes Oppressive New Restrictions on the Right To Bear Arms
"I don't need to have numbers," Gov. Kathy Hochul said when asked about the evidence supporting the law.
Is America Heading for a National Divorce?
Plus: A listener asks about Supreme Court legitimacy, and the editors practice "libertarian Festivus."
George Washington University Officials Defend Clarence Thomas' Free Expression Rights
The university's own students are often not so lucky.
How the Conservative Supreme Court Is Changing America
Leading libertarian legal scholar Randy Barnett talks about abortion, gun rights, and worrying trends at the highest court in the land.
SCOTUS Vacates 4 Decisions Upholding Gun Control Laws Whose Constitutionality Now Looks Doubtful
The Court told appeals courts to reconsider their conclusions in light of last week's ruling against New York's restrictions on public possession of firearms.
Justice Kagan Throws Down the Gauntlet: We Are Not "All Textualists Now"
In her forceful West Virginia v. EPA dissent, Justice Kagan challenges the majority's commitment to textualism.
Elizabeth Nolan Brown: Abortion Prohibition, Mail-Order Pills, and Post-Roe Politics
The Reason senior editor and co-founder of the libertarian feminist group Feminists for Liberty examines a murky post-Roe future.
SCOTUS Said Ambitious Climate Regulations Need To Come From Congress. Lawmakers Are Furious.
Plus: A new lawsuit challenges D.C.'s ban on carrying guns on public transit, Denver's latest housing affordability initiative will make the city more expensive, and more...
Without Roe v. Wade, Litigants Look to State Constitutions for Protection of Abortion Rights
Several state supreme courts already have recognized the right to terminate a pregnancy. Will more states join the list?
Supreme Court Limits EPA's Ability To Impose Costly Greenhouse Gas Emissions Cuts
Any future regulations will require clear authorization from Congress.
Supreme Court Gives Biden Administration a (Temporary?) Win on Immigration with Final Decision of Term
Chief Justice Roberts final opinion of the term rejects the statutory challenge to the Biden Administration's rescission of the "Remain in Mexico" policy.
Biden Can End 'Remain in Mexico' Border Policy, Says SCOTUS
Scrapping the policy is an important step in restoring a fair asylum-seeking process.
Supreme Court Rejects Broad EPA Authority to Regulate Greenhouse Gases from Power Plants (Updated)
Chief Justice Roberts writes for a six-justice majority in West Virginia v. EPA.
Randy Barnett: Abortion, Guns, and the Future of the Supreme Court
The leading libertarian legal theorist talks about worrying trends at the Supreme Court as a conservative majority takes hold.
Justice Breyer's Final(?) Majority Opinion Is A Win For Federal Power
Justice Breyer consistently resisted conservative efforts to constrain federal power, so his opinion in Torres is a fitting swan song.
Ketanji Brown Jackson To Become 104th Associate Justice Thursday At Noon
The Supreme Court announces when Judge Jackson will become Justice Jackson.
Abortion Rights Under the 9th and 14th Amendments
Understanding what Justice Alito got wrong in Dobbs v. Jackson Women’s Health Organization
Alabama Draws on Supreme Court's New Abortion Decision To Justify Trans Youth Treatment Ban
Alabama's attorney general argues such medical transitioning is not rooted in America’s history and therefore not constitutionally protected.
Stephen Breyer Officially Retires Tomorrow, Opening a Seat for Ketanji Brown Jackson
“My retirement from active service,” Breyer told the president, “will be effective on Thursday, June 30, 2022, at noon.”
Final Supreme Court Opinions Tomorrow, Followed by Justice Breyer's Retirement at Noon
There are only two argued cases left for decision -- the last two to be decided with Justice Breyer on the Court.
Maximalists Threaten a Federalist Compromise on Abortion
National legislation and extraterritorial application of state laws are inconsistent with the local leeway that the Constitution protects.
Alito's Junk History About Lochner
The conservative Supreme Court justice is wrong about economic liberty and the Constitution.
SCOTUS Rules That Doctors Who Write Prescriptions in Good Faith Can't Be Convicted of Drug Trafficking
The unanimous decision will rein in prosecutions that have long had a chilling effect on pain treatment.
The Supreme Court's Dobbs Decision Threatens Assisted Reproduction
IVF at "significant risk"
Supreme Court Says High School Coach's Postgame Prayers Are Protected Free Speech
A 6–3 majority sees it as noncoercive and not a violation of the Establishment Clause.
Justice Thomas (Still) Wants Supreme Court to Revisit "Actual Malice"
Justice Thomas reiterates his desire to revisit the contours of defamation law and New York Times v. Sullivan.
My Deseret News Article on Carson v. Makin
The article explains why the Supreme Court was right to hold that state voucher programs can’t discriminate against “sectarian” religious schools and addresses various objections.
Enforcing Abortion Bans Is Much Harder Than Winning in Court
There’s no painless way to restrict choices for people who resist.
Obamacare and SCOTUS, 10 Years Later
Even Obamacare's fiercest advocates say it has not lived up to its goals.
John Roberts and the Path SCOTUS Did Not Take on Abortion
Although the chief justice's incrementalism did not sway his colleagues, his observations about the meaning of a "right to choose" could be relevant in state legislatures.
Dobbs Won't End the Legal Battle Over Abortion
Liberals won't reconcile themselves to Dobbs, any more than conservatives accepted Roe v. Wade and Casey.
On Justice Thomas, Dobbs, Precedent, and Substantive Due Process
In his Dobbs concurrence, the senior associate justice reiterates his outlying views on precedent and his belief that all substantive due process decisions were "demonstrably erroneous."
