Supreme Court Takes Up California's Attempt To Control How Other States' Farmers Treat Pigs
Do California's rules violate the dormant commerce clause?
Supreme Court
The 5th Circuit Approves a Cop's Violent Response to a Dispute Over a 7-Year-Old's Littering
The officer used a "pain compliance maneuver" to force information from the boy's sister, who was recording the encounter.
When They Attack 'Dark Money,' They're Really Attacking Free Speech
Republicans take a page from the Democrats’ book by crying “dark money” during Ketanji Brown Jackson’s confirmation hearing.
Supreme Court Reminds Us That the Best Answer to Unwanted Speech Is More Speech
Plus: On tipping and slavery, cities see population declines, and more...
Ketanji Brown Jackson Defended People Suspected of Terrorism. Good.
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.
Tom Cotton's Absurd Question About Contacting a Heroin Dealer's Victims Reveals a Drug Warrior's Demagoguery
The mindlessly punitive senator grilled Supreme Court nominee Ketanji Brown Jackson about her resentencing of a drug offender.
Judge Ketanji Brown Jackson Says She Intends to Recuse from Harvard Admissions Case if Confirmed
While some legal ethics experts suggest recusal would not be necessary, the SCOTUS nominee suggested she thinks otherwise.
Are Josh Hawley and Ted Cruz Ignorant About Child Porn Penalties or Just Demagogic?
Even if the senators are genuinely confused, that underlines the recklessness of their attack on Ketanji Brown Jackson.
Ketanji Brown Jackson's 'Partial Tribute to the Judicial Philosophy of Originalism' Earns Conservative Praise
“I believe that the Constitution is fixed in its meaning,” said the Supreme Court nominee.
Josh Hawley's Attack on Ketanji Brown Jackson Illustrates the Emotionalism She Criticized
The senator argues that questioning sex offender policies "endangers our children."
Ketanji Brown Jackson Explains to Lawmakers How Being a Lawyer Works
As expected, Tuesday's hearing was primarily made up of political theater.
Here Is What Ketanji Brown Jackson Said in the Harvard Law Review Article That Josh Hawley Found 'Alarming'
The Supreme Court nominee raised serious constitutional concerns about laws that punish sex offenders after they complete their sentences.
3 Questions for Supreme Court Nominee Ketanji Brown Jackson
The SCOTUS contender should discuss her views on congressional power, unenumerated rights, and qualified immunity.
Some Questions Senators Should ask Ketanji Brown Jackson
George Will and the Washington Post editorial board suggest some good ones. I add a few of my own.
Why Supreme Court Confirmation Hearings Serve Useful Purposes
The process has many flaws. But we're still better off with the hearings than we would be without them.
Josh Hawley Absurdly Suggests That Ketanji Brown Jackson Has a Soft Spot for 'Child Predators'
The Missouri senator's attack on the Supreme Court nominee elides crucial distinctions and ignores widespread judicial criticism of child pornography sentences.
Opponents of the Texas Abortion Ban Still Have Ways To Challenge It
Although a Texas Supreme Court ruling ended the main challenge to the law, other cases could ultimately block its enforcement.
The Legal Battle Over Texas SB 8 is Far From Over
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.
A 93-Year-Old Woman Couldn't Pay Her $2,300 Tax Bill. The Government Sold Her Home and Kept the Money.
"This is very bad for property rights."
Should Ketanji Brown Jackson Recuse in Harvard Admissions Case?
Does her position on Harvard University's Board of Overseers require or counsel her recusal once she is confirmed?
Enforcing Abortion Bans Is Much Harder Than Passing Them
The experience in Texas shows that workarounds pose daunting obstacles to such laws.
Amar and Amar on Independent State Legislatures
forthcoming in the Supreme Court Review
He Spent an Extra Two Years in Prison Because He Could Not Find a Place Where He Was Legally Allowed To Live
New York's residence restrictions for sex offenders raise the question of how irrational a policy must be to fail "rational basis" review.
If Biden Is Serious About Ending the Death Penalty, He Should Start Commuting Sentences
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.
Justice Thomas (Again) Urges Reconsideration of the Scope of Section 230
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.
Justices Spar Over How to Interpret the Armed Career Criminal Act
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.
Do Circuit Courts Have "Supervisory Power" Over District Courts?
An interesting concurrence to one of today's Supreme Court decisions.
How the Government Keeps 'Indian' Children From Loving Homes
The broken foster system for Native American kids is finally up for Supreme Court scrutiny.
Supreme Court Rules the CIA Can Keep Mouths Shut About Its Post-9/11 Torture Black Sites
All of this is a transparent effort to stop lawsuits from those who have been tortured.
A Federal Agent Allegedly Violated the Constitution. SCOTUS Will Decide If He Can Be Sued for It.
The justices heard oral arguments this week in Egbert v. Boule.
SCOTUS Allows State Attorney General to Intervene when Governor Stops Defending State Law
As Justice Breyer suggested last week, Kentucky Attorney General Daniel Cameron will be allowed to defend the state's controversial abortion law.
Supreme Court Splinters Over State Secrets Privilege
Justice Breyer delivers the opinion for the Court in a heavily fractured opinion in U.S. v. Zubaydah.
How SCOTUS Protects Bad Federal Officers
When bed-and-breakfast owner Robert Boule asked Border Patrol agents, who were questioning a guest, to leave his property, an agent pushed him to the ground.
UC Hastings Law Students Silence Conservative Speaker, Demand Anti-Racism Training
"It's too bad that a heckler's veto prevailed here," says Ilya Shapiro.
Ketanji Brown Jackson on Race and Judging
At her confirmation hearing for her current position on the court of appeals, KBJ testified that "race would be the kind of thing that would be inappropriate to inject in my evaluation of a case."
Several Justices Seem Dismayed at the Idea That Doctors Can Be Accidentally Guilty of Drug Trafficking
The Supreme Court is considering what standard should apply to prescribers accused of violating the Controlled Substances Act.
When Ketanji Brown Jackson Represented the Cato Institute
President Biden's Supreme Court nominee was counsel of record for a Cato Institute brief in a case challenging the detention of alleged enemy combatants.
SCOTUS Needs to Clarify the Line Between Doctors and Drug Dealers
Patients suffer when physicians who prescribe opioids in good faith can face decades in prison.
Supreme Court Digs into Statutory Details More than Standing or Nondelegation in West Virginia v. EPA
At today's oral argument, the justices explored Section 111 of the Clean Air Act, the major questions doctrine, justiciability and the regulation of advertising for four-foot cigars smoked through hookahs.
Biden Nominates Ketanji Brown Jackson to the Supreme Court
The SCOTUS pick has shown admirable judgment in criminal justice cases.
Justice Ketanji Brown Jackson (Updated)
News reports indicate President Biden has made his choice to replace Justice Stephen Breyer
Secret Surveillance Warrants Remain Secret
In November, the Supreme Court declined to consider an ACLU petition arguing that the public has a First Amendment right to see the Foreign Intelligence Surveillance Court's classified decisions.
Climate Change Returns to the Supreme Court: Previewing West Virginia v. EPA (Updated)
The most important environmental case of the 2021-22 term will be heard next week.
Did Justice Breyer Reveal How the Supreme Court Will Decide a Pending Case?
A comment made by Justice Breyer at oral argument seems to indicate how the Court will decide Cameron v. EMW Women’s Surgical Center.
Book: Judge Jackson Said She "Do[esn't] Understand" Justice Thomas
ABCNews unearths an interesting interview with Ketanji Brown Jackson about Justice Clarence Thomas
Can a Web Designer Be Forced To Make Gay Wedding Pages? The Supreme Court Will Decide
Will this follow-up to the famous wedding cake case finally decide if this is mandated speech violating the First Amendment?
Stephen Breyer Makes the Liberal Case Against Court Packing
"Think long and hard," Breyer warns would-be court packers, "before embodying those changes in law."
