If the CDC's Mask Mandate Is 'Necessary for the Public Health,' Why Didn't the DOJ Seek a Stay To Restore It?
The Biden administration's main priority seems to be leaving the agency's authority vague enough to allow future interventions.
The Biden administration's main priority seems to be leaving the agency's authority vague enough to allow future interventions.
Plus: A court rejects a "discriminatory harassment" ban at a Florida university, a private space mission heads back to earth, and more...
Clarifying the agency's authority could impede future power grabs.
An utterly meritless suit ends not with a bang, but a whimper.
Proposition 12 threatens the national food economy.
It explains why many of the reasons GOP senators gave for opposing Jackson were ridiculous, but also that there is nothing inherently wrong in opposing a qualified "mainstream" nominee based on differences over judicial philosophy.
The Associated Press reports on the junior-most Justice's remarks at the Reagan library.
The previous standard barring such lawsuits made “little sense," wrote Justice Brett Kavanaugh for the majority.
For most of the past decade-plus, those complaining the loudest about corporate participation in politics have been Democrats.
The Supreme Court nominee's critics say she clearly did, but several federal appeals courts disagree.
Breyer led the charge against the court packers, denouncing them as shortsighted ideologues who threatened both judicial independence and bedrock liberal values.
The police officers who allegedly framed William Virgil were denied qualified immunity. But they're still trying to delay a trial.
The argument for loosening restrictions on armed self-defense goes beyond the measurable impact on public safety.
DeRay Mckesson didn’t cause or encourage violence against police in Baton Rouge in 2016. The court says he can still be held responsible.
Can you define "partisan circus?"
National Pork Producers Council v. Ross could have implications far beyond bacon prices in California.
Do California's rules violate the dormant commerce clause?
The officer used a "pain compliance maneuver" to force information from the boy's sister, who was recording the encounter.
Republicans take a page from the Democrats’ book by crying “dark money” during Ketanji Brown Jackson’s confirmation hearing.
Plus: On tipping and slavery, cities see population declines, and more...
There's a particular richness to Republican senators weaponizing the right to defense counsel as an affront to the Constitution as opposed to something that's pivotal to it.
The mindlessly punitive senator grilled Supreme Court nominee Ketanji Brown Jackson about her resentencing of a drug offender.
While some legal ethics experts suggest recusal would not be necessary, the SCOTUS nominee suggested she thinks otherwise.
Even if the senators are genuinely confused, that underlines the recklessness of their attack on Ketanji Brown Jackson.
“I believe that the Constitution is fixed in its meaning,” said the Supreme Court nominee.
The senator argues that questioning sex offender policies "endangers our children."
As expected, Tuesday's hearing was primarily made up of political theater.
The Supreme Court nominee raised serious constitutional concerns about laws that punish sex offenders after they complete their sentences.
The SCOTUS contender should discuss her views on congressional power, unenumerated rights, and qualified immunity.
George Will and the Washington Post editorial board suggest some good ones. I add a few of my own.
The process has many flaws. But we're still better off with the hearings than we would be without them.
The Missouri senator's attack on the Supreme Court nominee elides crucial distinctions and ignores widespread judicial criticism of child pornography sentences.
Although a Texas Supreme Court ruling ended the main challenge to the law, other cases could ultimately block its enforcement.
Opponents of this dangerous law have a variety of options left to pursue in state and federal courts, despite their recent defeat in the Texas Supreme Court.
"This is very bad for property rights."
Does her position on Harvard University's Board of Overseers require or counsel her recusal once she is confirmed?
The experience in Texas shows that workarounds pose daunting obstacles to such laws.
forthcoming in the Supreme Court Review
New York's residence restrictions for sex offenders raise the question of how irrational a policy must be to fail "rational basis" review.
A Supreme Court ruling restoring Dzhokhar Tsarnaev’s capital sentence and a congressional logjam makes it clear that only he can keep his campaign promise.
In a statement respecting the denial of certiorari, Justice Thomas suggested some courts are adopting an overly expansive interpretation of the immunity conferred by Section 230.
In Wooden v. United States, the justices were unanimous in the judgment, but expressed disagreement over the role of statutory history and the rule of lenity.
An interesting concurrence to one of today's Supreme Court decisions.
The broken foster system for Native American kids is finally up for Supreme Court scrutiny.
All of this is a transparent effort to stop lawsuits from those who have been tortured.
The justices heard oral arguments this week in Egbert v. Boule.
As Justice Breyer suggested last week, Kentucky Attorney General Daniel Cameron will be allowed to defend the state's controversial abortion law.
Justice Breyer delivers the opinion for the Court in a heavily fractured opinion in U.S. v. Zubaydah.