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."
Both majority and dissenting opinions include extensive discussions of stare decisis. But the truth is whether you think Roe v. Wade should have been preserved on that basis is heavily correlated with whether you think it was wrong in the first place.
A weird, messy protest reflects a weird, messy future.
The ruling against New York's carry permit policy is a rebuke to courts that routinely rubber-stamp gun restrictions.
The other justices declined to join him, but the future of the Supreme Court rulings on those matters remains unclear.
He also nixes the idea that states could "retroactively impose liability or punishment for an abortion that occurred before today's decision takes effect."
The Constitution protects many more rights than it mentions, as James Madison explained.
Most states are unlikely to enact bans, but 22 either have them already or probably will soon.
Plus: Abortion and free speech, Juul fights back, and more...
“Properly interpreted, the Second Amendment allows a ‘variety’ of gun regulations,” Kavanaugh writes, invoking Antonin Scalia
A 6–3 ruling undermines attempts to hold police accountable for misconduct.
“Nothing in the Second Amendment’s text draws a home/public distinction with respect to the right to keep and bear arms,” says New York State Rifle & Pistol Association v. Bruen.
The Supreme Court justice is wrong when he says abortion rights aren't deeply rooted in American history.
“A State violates the Free Exercise Clause when it excludes religious observers from otherwise available public benefits,” the Supreme Court held.
Environmental Protection Agency
No matter how the Supreme Court rules in West Virginia v. EPA, absent legislative action it is unlikely new power plant rules will be in force before 2024.
Unsatisfied by the outcome of one case, the feds secured a much more severe penalty the second time around.
A federal badge will now serve as an impenetrable shield against civil liability.
According to Alito, Gorsuch’s opinion “veered off into fantasy land.”
States may not "exclude some members of the community from an otherwise generally available public benefit because of their religious exercise,” says SCOTUS.
Plus: Americans' changing opinions of January 6 riots, Texas craft brewer can "party on," and more...
In remarks to the American Constitution Society, Justice Sonia Sotomayor shares her thoughts on the senior-most Associate Justice.
Some fans are now souring on her legacy.
Big rulings are coming soon on school choice, guns, and abortion.
The Biden Administration is apparently considering a range of responses should te Supreme Court overturn Roe v. Wade.
A recent pair of cases spotlights the sorry state of affairs.
American Hospital Association v. Becerra is another indication that lower courts are too quick to give agencies Chevron deference.
Chief Justice Roberts refuses to join a wee little footnote in a Justice Barrett opinion.
The Supreme Court has decided not to decide an important question relating to flips in federal policy when Administrations turn over.
Justice Gorsuch has dissented from two-thirds of Justice Barrett's majority opinions this term.
Justice Amy Coney Barrett and Neil Gorsuch are disagreeing more than you might think, but Justice Barrett appears to have the upper hand.
Tensions won’t simmer down until Americans stop fearing power in the hands of enemies.
Police stopped him a block away from Kavanaugh's Chevy Chase home, where he allegedly admitted he was there to kill the justice.
The Supreme Court continues to shield federal officers who are accused of violating constitutional rights.
The justices hear fewer cases and decide fewer questions than they used to.
Former prosecutors Markus Funk and Andrew S. Boutros, and Judge Virginia Kendall, delve further into this fascinating question.
Can a web designer be compelled under the First Amendment to host wedding pictures?
Plus: Michigan prisons ban Spanish and Swahili dictionaries, a win against New York's ban on "unauthorized" legal advice, and more...
"I look forward to teaching and engaging in a host of activities relating to constitutional education," said Shapiro.
We will get opinions on Monday, but the Court will have to average more than two opinions per day to finish before July 4.
Plus: Who's bringing fentanyl across the border? Will Austin become a sanctuary city for abortion? And more...
With thirty-three opinions in argued cases yet to issue, the Supreme Court is well behind the usual pace.
The lawsuit over Timpa's deadly prone restraint, initially blocked by qualified immunity, was revived by the 5th Circuit.
Newly confirmed Supreme Court Justice Ketanji Brown Jackson has a good track record on cases involving qualified immunity.
Two federal appeals courts recently concluded that such age restrictions are unconstitutional.
Without opinion the justices rejected Louisiana's application to vacate a lower court stay.
An assessment of claims that Justice Alito's draft opinion rests on historical error, provides no meaningful basis for distinguishing abortion from other unenumerated rights, and forecloses constitutional protection of the mother's life.
The former Associate Justice joins those condemning the leak of a draft opinion.
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