A Textualist Defense of the Major Questions Doctrine
Critics claim the doctrine is obviously at odds with textualism. But that isn't the case.
Supreme Court
How SCOTUS Promoted Pernicious Myths About Sex Offender Registries
Twenty years ago, the justices deemed registration nonpunitive, accepting unsubstantiated assumptions about its benefits and blithely dismissing its costs.
Thoughts on Today's Supreme Court Student Loan Forgiveness Oral Arguments
The justices seem to be clearly leaning against the Biden Administration on the merits. The procedural issue of standing is a closer call, though ultimately more likely than not to come out the same way.
An Unusual Supreme Court Split in Bittner v. United States
The Bank Secrecy Act divides the justices in an unusual way, and Justice Barrett authors her fourth opinion in an argued case.
Justice Jackson's First Opinion in an Argued Case
To the junior-most justice goes a case arising out of the Supreme Court's original jurisdiction concerning the Abandoned Money Orders and Traveler's Checks Act.
Today at the Supreme Court: Biden's Student Loan Cancellation Plan on Trial
The Supreme Court considers the scope of presidential power in Biden v. Nebraska and Department of Education v. Brown.
New York's Message to Gun Owners: You Can Have a Carry Permit. Good Luck Using It.
A New York Times story about the state's location-specific gun bans glosses over the vast territory they cover.
Showdown Over Student Loan Forgiveness Hits Supreme Court Tomorrow
Plus: Texas prosecutors can't criminally charge people who help others access out-of-state abortions, food trucks fight rules banning them in 96 percent of North Carolina city, and more...
SCOTUS Says Domestic Spying Is Too Secret To Be Challenged in Court
Officials shield government abuses from litigation by claiming “national security.” The Supreme Court declined to weigh in.
How Today's Skeptical Supreme Court Could Block Net Neutrality Rules
Attempts to reclassify ISPs as common carriers are unsupported by law.
Any of These Supreme Courts Cases Could Crush the Internet
The Court’s decisions in Gonzalez and subsequent cases could lead to impossible, incompatible consequences.
The Deck Is Stacked Against Americans Who Try To Sue Government Officials
It's a threat to our fundamental rights, but courts refuse to change their approach.
Has Justice Barrett Replaced Justice Ginsburg as the Court's Quickest Opinion Writer?
Justice Barrett has produced two majority opinions before most of her colleagues have produced one.
Another Dissent from Denial of Certiorari from Justice Jackson
For the second time, Justice Jackson dissents from the Supreme Court's refusal to hear a case.
Is Ketanji Brown Jackson a Greater Threat to Big Tech Than Clarence Thomas?
The Supreme Court’s newest member weighs in on the meaning of Section 230 in Gonzalez v. Google.
Google Supreme Court Case Tests Whether Tech Firms Are Liable for User Content
Section 230 helped the internet flourish. Now its scope is under scrutiny.
Social Security and Medicare Cuts Are Coming, Whether Politicians Do It or Not
As legislators refuse to act, benefits will be cut without any possibility of sheltering those seniors who are poor.
Section 230 and the Curse of Politics
Gonzalez v. Google presents the Supreme Court’s first opportunity to weigh in on Section 230.
The Sources Cited by the Supreme Court in Bruen
Guidance for judicial examination of legal history.
Is Arizona v. Mayorkas Moot?
The Biden Administration suggests that the Title 42 case before the Supreme Court will be moot before it is decided.
Arguments for Standing in the Student Loan Cases
A few thoughts on the states' brief and their amici
Neil Gorsuch's LGBT Decision May Doom Affirmative Action in the Supreme Court
Why isn’t affirmative action in college admissions prohibited under the Civil Rights Act?
A Federal Judge Says the Ban on Gun Possession by Cannabis Consumers Is Unconstitutional
The government argued that marijuana users have no Second Amendment rights because they are dangerous, unvirtuous, and untrustworthy.
Justice Kavanaugh on Major Questions, Chevron, and US News Rankings
Associate Justice Brett Kavanaugh addressed questions on a range of questions at a recent Notre Dame symposium.
Social Security Is on the Brink of Collapse. The GOP Won't Touch It.
In 1950, there were more than 16 workers for every beneficiary. In 2035, that ratio will be only 2.3 workers per retiree.
The IRS Serves Its 'Customers' by Terrifying Them
A $2.1 million penalty for failing to file a form on time reveals the agency’s true nature.
SCOTUS Will Decide Whether Federal Law Shields a Religious Postal Employee Who Refuses To Work on Sundays
The Supreme Court considers the scope of federally required religious accommodations at work.
Supreme Court Declines Case Challenging Excessive IRS Penalties
Should an elderly grandmother be forced to hand over millions of dollars to the government for failing to file a particular form?
Justice Barrett Authors First Supreme Court Decision of the Term
The Supreme Court has been slow to issue opinions this term, but the first opinion has finally been released.
When Does an Ugly Facebook Message Qualify as an Illegal 'True Threat' of Violence? SCOTUS Will Decide.
The Supreme Court takes up “true threats” and the First Amendment in Counterman v. Colorado.
San Francisco Sits on Carry Permit Applications As Legislators Consider New Gun Restrictions
The city has not granted a single permit since the Supreme Court upheld the right to bear arms last June.
The Hazards of Holding YouTube Liable for Promoting Terrorism
A Supreme Court case illustrates the potential costs of making it easier to sue social media platforms over user-generated content.
They Fell Behind on Their Property Taxes. So the Government Sold Their Homes—and Kept the Profits.
The Supreme Court has agreed to hear 94-year-old Geraldine Tyler's case challenging home equity theft.
A Federal Judge Blocks New Jersey's Sweeping Restrictions on Public Gun Possession
By banning firearms from a wide range of "sensitive places," the state effectively nullified the right to bear arms.
Google's Brief to the Supreme Court Explains Why We Need Section 230
There's a good reason why algorithms are still protected by Section 230.
Illinois Just Banned 'Assault Weapons' Because Their 'Only Intent' Is Mass Murder
The law is hard to defend on logical, practical, or constitutional grounds.
The Supreme Court Weighs State Sovereignty and the Status of Puerto Rico
The justices heard oral arguments in Financial Oversight and Management Board for Puerto Rico v. Centro de Periodismo Investigativo.
Our Amici Brief in the Student Loan Forgiveness Cases
arguing against standing, even though the program is unlawful.
The 3rd Circuit Considers Whether Nonviolent Crimes Justify the Loss of Second Amendment Rights
Because of a misdemeanor welfare fraud conviction, Bryan Range is no longer allowed to own guns.
The Supreme Court Case That Could Upend the Clean Water Act
If SCOTUS finds in favor of a small-town Idaho couple in Sackett v. EPA, it could end the federal government's jurisdiction over millions of acres of land.
The 5th Circuit Says the ATF Exceeded Its Legal Authority When It Banned Bump Stocks
The decision defends the separation of powers and the rule of law against an attempt to prohibit firearm accessories by administrative fiat.
Just Ketanji Brown Jackson Lands Major Book Deal for Her Memoir
It is becoming a pattern for Supreme Court justices to make significant amounts of money by publishing books.
Don't Underestimate Clarence Thomas
Justice Thomas' footprints are all over the Court's recently concluded term.
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.
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.
