Is Censuring a Legislator a First Amendment Violation?
"The First Amendment was never intended to curtail speech and debate within legislative bodies."
"The First Amendment was never intended to curtail speech and debate within legislative bodies."
The question of whether to stay the BIden Administration rule requiring large employers to mandate vaccinations or testing is now before the Supreme Court.
The Supreme Court has asked for responses to the federal government's stay request.
Federal regulators have permanently lifted a requirement that mifepristone be dispensed in person.
The Institute for Justice wants the Supreme Court to review the case—and to clarify the proper scope of "investigatory stops."
I've heard that breaking constitutional norms is a bad thing
Gavin Newsom is exploring legislation to authorize private civil actions against people who sell "assault weapons" or gun kits.
“There is profound disagreement over whether Court expansion at this moment in time would be wise.”
The justices show little interest in vaping regulation on the shadow docket, but may yet review the FDA's behavior in the regular course.
In response to the Supreme Court's ruling largely precluding pre-enforcement challenge of the Texas abortion law, Governor Newsom calls for similar action on guns.
Things are far from completely clear. But Justice Gorsuch's opinion may give preenforcement challenges to SB 8 and other similar laws a good deal more wiggle room than many think.
The Court allowed claims against health care regulators to proceed, but that will not prevent the private civil actions authorized by the law.
The Court rules that the lawsuit against SB 8 can proceed by targeting state licensing officials. But the implications for future cases are far from completely clear.
The private litigation against some defendants may proceed, but the federal lawsuit is gone.
The justices heard oral arguments this week in Carson v. Makin.
Regulators insist Fourth Amendment protections don’t apply to administrative searches.
The report doesn't endorse court-packing or term limits. But it's generally more favorable to the latter than the former. It also provides valuable overview of a wide range of SCOTUS-related issues.
Plus: A reminder to Bill de Blasio of what "incentive" really means
“All of those…just come out of Lochner.”
The justices may find it difficult to uphold Mississippi's abortion ban without overturning Roe v. Wade.
The oft-heard argument that something isn't "written in the Constitution" is not as compelling as it might seem. Sometimes, it's outright false.
The "viability" rule is arbitrary. So are the alternatives.
Vaping regulation gets some attention on the Shadow Docket
The argument made by Finnis, George, Hammer and others, that abortion is unconstitutional is not supported by text or history.
An electronic cigarette manufacturer seeks a stay of FDA action from the Supreme Court.
The Chief Justice has assumed the late Justice Ruth Bader Ginsburg's role as the fastest opinion writer.
In recent years, the Supreme Court has rarely issued opinions in argued cases, and they were almost always written by RBG.
A delayed, but hopefully still helpful final rejoinder to Stephen Sachs.
Would the outcome in Dobbs put originalism in doubt?
A new case asks whether a Border Patrol agent may be sued for alleged First and Fourth Amendment violations.
Symposium issue in Constitutional Commentary now publicly accessible
The Supreme Court should reject a law that bars ordinary people from carrying guns for self-defense.
The slippery slope risks created by upholding SB 8 threaten a vital constitutional principle - one far more important than any considerations on the other side. That is sufficient reason to rule against Texas in this case.
"This is not just an obvious constitutional infringement—it's hard to imagine a more textbook violation of the First Amendment."
A majority of the Court voiced skepticism about the state’s conceal-carry licensing scheme.
Even justices who take a dim view of Roe v. Wade recognize the law’s chilling implications.
If Texas' SB 8 subterfuge works, it would be a dangerous road map for attacking other constitutional rights. The slippery slope risks on the other side are minor by comparison.
Today's Supreme Court oral argument suggests they will get the votes of six or more justices. If so, it will be a crucial victory for judicial protection of all constitutional rights, not just abortion rights.
Denver cops received qualified immunity after performing a warrantless search of a man’s tablet and trying to delete a video he took of them beating a suspect.
The justice grilled a Texas official over the implications of his state’s abortion law.
Do Americans have a right to know the extent that the government surveils them?