Affirmative Action Is Racist and Therefore Wrong
If activists want to help young people, they should start before college.
Supreme Court
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.
Colorado Can't Force a Graphic Designer To Create Same-Sex Wedding Websites, Supreme Court Rules
The decision reverses a terrible previous decision by the 10th Circuit Court of Appeals.
Supreme Court Clarifies 'Undue Hardship' Standard for Religious Accommodations in the Workplace
Plus: Perspectives on the affirmative action ruling, how U.S. policy is thwarting Cuban capitalists, and more...
The "Look Before You Leap" Principle
and other matters from the latest episode of Divided Argument
Of Course Legacy Admissions Should Follow Affirmative Action to the Grave
There is no reason for public universities to grant preferential treatment to the scions of their alumni.
Supreme Court on Affirmative Action: 'Eliminating Racial Discrimination Means Eliminating All of It'
In a 6–3 decision, the Court ruled that race-based affirmative action in college admissions violates the 14th Amendment.
The Unsurprising Affirmative Action Decision in Students for Fair Admissions v. Harvard
The Court's core ruling is unsurprising, but its future effects are uncertain.
Steve Calabresi on Moore v. Harper
Leading originalist constitutional law scholar comments on the Supreme Court's recent rejection of independent state legislature theory.
Supreme Court Refuses To Expand the 'True Threats' Exception for Free Speech
Plus: Maine prostitution measure becomes law, "significant misconduct" in jail where Epstein hung himself, Mike Pence defends free markets, and more...
Supreme Court Confirms That State Legislatures Can't Ignore the Constitution When Writing Election Rules
Chief Justice John Roberts decisively rejected the independent state legislature theory.
SCOTUS Case Could Quash Democrats' Wealth Tax Plans
Plus: Why people believe doomer narratives, schools seek to define social media platforms as public nuisances, and more...
Why a Supreme Court Justice Who Always Votes for One Type of Litigant isn't Necessarily Biased
Justice Gorsuch has never voted against Native American interests in a Supreme Court case. But that probably isn't because he's biased in favor of Indians. He simply believes that much existing precedent in this field is biased the other way.
Supreme Court to Consider Scope of Congress's Taxing Power under the 16th Amendment
The question presented is whether the 16th Amendment authorizes Congress to tax unrealized sums without apportionment among the states.
What's Left Standing of Special Solicitude for States After U.S. v. Texas?
The Supreme Court did not overturn the standing holding of MAssachusetts v. EPA, but it may have left it on life support.
Predicting Case Authors and Outcomes as the Supreme Court Hits the Home Stretch
Some worth-what-you-paid-for-them predictions for the final(?) week of SCOTUS opinions.
Supreme Court Rejects 'Extraordinarily Unusual' Case Against Biden's Deportation Policy
Today’s decision “is narrow and simply maintains the longstanding jurisprudential status quo,” wrote Justice Brett Kavanaugh for the majority.
Supreme Court's Sidestep Leaves Native Kids Without Answers
While intended to keep Native families together, the ICWA subjects American Indian children to a lower level of protection than is enjoyed by non-Native kids.
A Year Post-Dobbs, Major Shifts in Abortion Access and Politics
Plus: Court rules against judge who threw child stars in jail during parents' custody dispute, inside the FTC's attempt to stop Microsoft from acquiring Call of Duty, and more...
A Troubling Supreme Court Habeas Decision
The Supreme Court was wrong to deny relief to a man imprisoned for activity that Court's own rulings indicate was not illegal - one who never had an opportunity to challenge his incarceration on that basis.
Why Is It So Hard for Victims of Police Abuse To Get Justice?
Joanna Schwartz on how law enforcement "became untouchable"
Justice Thomas Had No Majority Opinion from October Sitting, But Still Wrote More Than Any Other Justice
Justice Ketanji Brown Jackson may speak the most at oral argument, but Justice Thomas is writing more pages.
Supreme Court Sides With Jack Daniel's Against Doggy Chew Toy Company
It's not a broad attack on free expression, but Thursday's ruling is certainly a victory for brands that can't take a joke.
Supreme Court Reaffirms Strong Presumption of Statutory Stare Decisis
It did so in today's Voting Rights Act ruling in Allen v. Milligan. This holding has implications for other cases where litigants attempt to overturn statutory precedents, especially longstanding ones.
Disarming a Man Based on a Nonviolent Misdemeanor Was Unconstitutional, the 3rd Circuit Rules
The decision highlights the injustice of a federal law that bans gun possession by broad categories of "prohibited persons."
The Biden Administration Still Insists That Cannabis Consumers Have No Right to Arms
As pot prohibition collapses across the country, that policy is increasingly untenable.
Is Encouraging Illegal Immigration Protected by the First Amendment?
Criticizing the law by calling for people to break it is an American tradition.
A Connecticut Couple Challenges Warrantless Surveillance of Their Property by Camera-Carrying Bears
The lawsuit looks iffy in light of the Supreme Court's "open fields" doctrine.
The Supreme Court Is Not in a 'War on Science'
The Supreme Court is agnostic on questions of science, but clear and resolute on questions of law.
Does a Footnote in Sackett II Indicate How SCOTUS Will Resolve the Affirmative Action Cases?
Could the Court treat Justice Powell's Bakke opinion the way it treated Justice Kennedy's Rapanos opinion?
The Source of Law in Tyler v. Hennepin County
a sub silentio invocation of the general law and positive law approaches
My New Brennan Center Article on Tyler v. Hennepin County and the Cross-Ideological Case for Stronger Judicial Protection for Constitutional Property Rights
The Tyler home equity theft case is just the tip of a much larger iceberg of property rights issues where stronger judicial protection can protect the interests of the poor and minorities, as well as promote the federalist values of localism and diversity.
Supreme Court Reins in EPA Overreach
Thanks to Sackett v. EPA, the feds can no longer treat a backyard puddle like it's a lake.
In Sackett v. EPA, the Supreme Court Cuts Back Federal Regulatory Authority Over Wetlands
The Clean Water Act decision was a unanimous win for the Sacketts, and a 5-4 victory for Justice Scalia's 2006 Rapanos v. United States plurality.
Major Unanimous Supreme Court Victory for Property Rights in Tyler v. Hennepin County
The Supreme Court ruled that home equity theft qualifies as a taking, and that state law is not the sole source for the definition of property rights. The ruling is imprecise on some points, but still sets an important and valuable precedent.
