TikTok Took a Beating at the Supreme Court
Justice Neil Gorsuch criticized "the government's attempt to lodge secret evidence in this case." Still, things look grim for the app.
Supreme Court
Trump's Latest Defeat Is One of Many Decisions That Suggest SCOTUS Won't Rubber-Stamp His Agenda
Despite some notable wins, the president-elect's overall track record shows he cannot count on a conservative Supreme Court to side with him.
5th Circuit Reaffirms That Prosecuting a Marijuana User for Illegal Gun Possession Was Unconstitutional
Patrick Darnell Daniels Jr. was sentenced to nearly four years in prison for violating a federal law that bars drug users from owning firearms.
He Lost the Title to His Home Over a Small Property Tax Debt. Years Later, He's Finally Getting It Back.
A local government gave ownership of Kevin Fair's Nebraska house—and all of its value—to a private investor, in a practice known as home equity theft.
Rights and Wrongs of Chief Justice Roberts' Year-End Report on the Judiciary
Roberts identifies genuine problems, but little in the way of good solutions. He also sometimes overlooks ways in which the Supreme Court is partly responsible for the challenges the judiciary faces.
Supreme Court Can Protect Property Owners From Eminent Domain Abuse
A Utica, New York, land grab offers the justices an opportunity to revisit a widely criticized precedent.
Could the FDA's Approach to Vaping Cause an Increase in Smoking?
A growing body of evidence suggests bans on flavored vaping products will result in more young people smoking, but the FDA does not seem to care.
The Government Took a Developer's Land and Gave It to a Competitor. In New York, That's Business As Usual.
The case gives the Supreme Court an opportunity to revisit a widely reviled decision that invited such eminent domain abuses.
A Final(?) Attempt to Resurrect the Kids Climate Case
The Juliana plaintiffs are again seeking Supreme Court review of their case.
A SWAT Team Destroyed an Innocent Woman's House. The Supreme Court Won't Hear Her Case.
Whether or not the government is required under the 5th Amendment to pay such victims will remain an open question.
Influencers Are Here To Stay—Now It's Time To Modernize Labor Laws
A TikTok ban could devastate thousands of independent workers, but the real challenge lies in modernizing labor laws to support the new economy.
We Don't Need Terrorism Laws When Murder Is Already Illegal
The government has given itself special powers to deal with crimes that it could already prosecute.
Supreme Court To Hear TikTok Ban Case
The ban violates the First and Fifth Amendments. Strike it down.
Supreme Court Adds Two Potentially Significant Cases to OT2024 Docket
December certiorari grants on standing and religion are early holiday gifts for Court watchers.
Was the Supreme Court Wrong About Presidential Immunity?
Glenn Greenwald and Elizabeth Price Foley debate Trump v. United States and its implications for presidential powers.
He Was Convicted of a Felony for Holding a Gun on the Sidewalk in Front of His House
Gabriel Metcalf argues that his prosecution under the Gun-Free School Zones Act violated his constitutional right to keep and bear arms.
Supreme Court Punts on Racial Discrimination Case
The Supreme Court's refusal to hear Boston Parent Coalition for Academic Excellence v. The School Committee for the City of Boston is bad news for equality under the law.
Justice Jackson Authors First Decision of OT2024
The junior justice authors a unanimous immigration law decision for the first of the term.
A Change in Administrations Underlines the Stakes of an E-Cigarette Case SCOTUS Heard This Week
An e-liquid manufacturer is challenging the FDA's "arbitrary and capricious" rejection of flavored vaping products.
Food and Drug Administration Defends Refusal To Approve Flavored E-Cigarettes Before the Supreme Court
The FDA’s regulations are burdensome and unnecessary to address the inflated high school vaping epidemic.
Trump Cannot Restrict Birthright Citizenship by Presidential Edict
The executive order that the president-elect plans to issue contradicts the historical understanding of the 14th Amendment.
The Dismissed Federal Cases Against Trump Involved Substantial Evidence of Serious Misconduct
In response to charges that he illegally interfered with the 2020 election and improperly retained presidential records, Trump insisted that he was entitled to do whatever he wanted based on preposterous claims.
Supreme Court Grants Certiorari in Nondelegation Case
A challenge to the FCC's Universal Service Fee could produce a major administrative law decision.
The New FCC Chairman's Agenda Contradicts Conservative Principles
Brendan Carr’s plans for "reining in Big Tech" are a threat to limited government, free speech, free markets, and the rule of law.
The Math Does Not Favor Avoiding Senate Scrutiny of Trump's Bizarre Cabinet Picks
Several Republican senators have said they are not inclined to abdicate their "advice and consent" role in presidential appointments.
Supreme Court Won't Hear a Qualified Immunity Case Where a Cop Disclosed an Abuse Report to a Woman's Abuser
Desiree Martinez says police officers ignored her attempts to report her abusive boyfriend, who was also a cop. Those officers now have immunity from her lawsuit.
Justice Gorsuch Wants To Hear More (Takings) Cases
Justice Gorsuch shows more interest in property rights challenges than his colleagues on the Court.
Supreme Court Refuses to Resurrect the Kids Climate Case
Unsurprisingly, no justice showed any interest in reviving a lawsuit that should have died long ago.
Federal Judge Enjoins Enforcement of the Illinois 'Assault Weapon' Ban
U.S. District Judge Stephen McGlynn says the law bans firearms covered by the Second Amendment and is not supported by historical precedent.
During Trump's Second Term, the Supreme Court's Critics Will Be Grateful for Its Restraining Influence
The justices, including Trump's nominees, have shown they are willing to defy his will when they think the law requires it.
The FBI Wrongly Raided This Family's Home. A Bipartisan Group of Lawmakers Wants the Supreme Court To Step In.
A federal court denied them the right to sue—despite Congress enacting a law five decades ago specifically for situations like this one.
Citizen Journalism Is Under Attack. This Texas Woman Is Fighting to Save It.
After being arrested for doing journalism, Priscilla Villarreal has taken her fight to the courts.
After 100 Years, End the Open Fields Doctrine
Federal agents are allowed to search private property without a warrant under this Prohibition-era Supreme Court precedent.
A Look Back at the Panic Over Big Money in Politics
Law professor Ann Southworth offers a balanced take on the fallout from the Supreme Court's Citizens United decision.
SCOTUS Case Involving Cannabis Fraud Highlights the Illogic of Federal Drug Testing Mandates
A trucker lost his job because he tested positive for marijuana after consuming a supposedly THC-free CBD tincture.
Should We Trust the 2024 Election Polls?
Plus: A listener asks the editors if the prospect of Supreme Court nominations is reason enough to favor Trump over Harris in this year’s presidential election?
Supreme Court to Tackle Who Can Sue Agencies Where and for What
With today's cert grants, the Court now has four cases that address the issue of where suits can be filed against federal agencies and who can file them.
Justice Kagan Does Not Like INS v. Chadha
Another interesting aside in the Royal Canin oral argument.
Justices Alito and Sotomayor on How Courts Read Dicta
An amusing and potentially revealing exchange in a recent oral argument.
Supreme Court Refuses to Stay Biden EPA Power Plant Rule
Some were surprised by the Supreme Court's action, but they should not have been.
Biden Thinks He Found a Student Loan Loophole
Is this latest attempt at student debt forgiveness a serious policy or a pre-election ploy?
This Reporter Was Arrested for Asking Questions. The Supreme Court Just Revived Her Lawsuit.
Priscilla Villarreal's case is about whether certain reporters have more robust free speech rights than others.
Police Want the Password to Your Phone
Without a warrant and specific proof of incriminating evidence, police should never be allowed past your phone’s lock screen.
SCOTUS Revives Lawsuit Against Missouri Cop Who Jailed a Man 'for Being an Asshole'
Mason Murphy says Officer Michael Schmitt violated his rights by punishing him for constitutionally protected speech.
The First Real Judicial Filibuster
Remembering the first time a partisan Senate minority blocked a judicial nomination that enjoyed majority support.
Business and the Roberts Court Revisited
An examination of how Donald Trump's appointments to the Supreme Court have affected business interests.
If You See the Trump Biopic Before Election Day, Thank Citizens United
At its core, the oft-denigrated decision revolved around whether the government can censor information leading up to an election.
