Kannon Shanmugam on the Legitimacy of the Supreme Court
A prominent appellate practitioner responds to recent attacks on the justices and the Court.
Supreme Court
These Pro-Lifers Don't Love Abortion Bans
Reason talked with pro-life Americans who are uncomfortable with the post–Roe v. Wade abortion policy landscape.
A Critique of Justice Kagan's Supreme Court Ethics Reform Proposal
Could a panel of lower court judges evaluate ethics complaints against Supreme Court justices?
Drones Face Supreme Court Showdown Over Free Speech Rights
State boards use outdated laws to target content creators, raising urgent questions about free speech in the digital age.
A Texas Reporter Was Arrested for Asking Questions. The State Says That's No Big Deal.
Opposing Priscilla Villarreal's petition for Supreme Court review, Texas Attorney General Ken Paxton portrays basic journalism as "incitement."
A Movie Mirrors the Stranger-Than-Fiction Reality of Civil Asset Forfeiture
The outrageous seizure at the center of Rebel Ridge resembles real-life cash grabs.
Alliance for Hippocratic Medicine on Remand - Still Struggling with Standing
No, the U.S. Court of Appeals for the Fifth Circuit's initial standing rulings were not faithful applications of Supreme Court precedent.
Final Published Version of My Article "A Lost Opportunity to Protect Democracy Against Itself: What the Supreme Court Got Wrong in Trump v. Anderson"
It is now available on SSRN. The article critiques the Supreme Court's decision in the Trump Section 3 disqualification case.
A Last Ditch Attempt to Bring Kids Climate Case Back from the Dead
The plaintiffs in Juliana v. United States are seeking Supreme Court intervention to revive their case against the federal government.
A Modest Revelation About Trump v. Anderson
Recent New York Times reporting about the Court's deliberations on the case modestly reinforces the view that the Court ruled that disqualification from office-holding under Section 3 requires congressional legislation.
A Conversation with Solicitor General Elizabeth Prelogar
One of the nation's finest oral advocates discusses representing the United States in the Supreme Court and other topics.
The Supreme Court Reined in Federal Regulators. What Happens Now?
The Court this year reversed Chevron, a decades-old precedent giving bureaucrats deference over judges when the law is ambiguous.
9th Circuit Partly Upholds Injunctions Against Location-Specific Gun Bans in California and Hawaii
The ruling says some restrictions on guns in "sensitive places" are constitutionally dubious but upholds several others.
A Federal Judge Says Carry-Permit Holders Have a Right to Armed Self-Defense on Public Transit
The ruling concludes that the government failed to show an Illinois ban is "consistent with this Nation's historical tradition of firearm regulation."
This Texas Woman Was Jailed for Her Journalism. Is She the Future of Media?
Priscilla Villarreal, known as "Lagordiloca," is suing law enforcement for violating her First Amendment rights. She is appealing to the Supreme Court.
Justice Jackson Shares Her Concerns about Trump Immunity Ruling
In the same week that Jack Smith refiles his Trump Indictment, Justice Jackson talks about the SCOTUS decision that made refiling necessary.
A Revised Trump Indictment Tries To Overcome the 'Presumption' of Presidential Immunity
In charging the former president with illegal election interference, Special Counsel Jack Smith emphasizes the defendant's personal motivation and private means.
This Nebraska Man Almost Lost His Home and All of Its Equity Over a Small Tax Debt. He Just Won in Court.
Kevin Fair fell behind on his property taxes in 2014. The local government eventually gave a private investor the deed to his home.
Supreme Court's Shrinking Docket Is Increasingly Backloaded
The justices are hearing future cases, but that has not sped up their work.
Baltimore's Tax Sales Are Robbing People of Their Equity
The Edmondson Community Organization accrued a modest property tax debt. The group paid dearly for that.
When Attacks on Anarchists Accidentally Improved Free Speech Law
After the crackdown on anarchists died down, it became more difficult to imagine anyone could go to jail in America solely for political heresy.
2 Contradictory Decisions on AR-15 Bans Reflect Clashing Views of Supreme Court Precedents
Does the Second Amendment allow the government to ban guns in common use for lawful purposes?
Justice Gorsuch Warns Biden To 'Be Careful' With Attempts To Control Supreme Court
Fewer laws and less government would be a better solution to judicial warfare.
'Too Much Law' Gives Prosecutors Enormous Power To Ruin People's Lives
In a new book, Supreme Court Justice Neil Gorsuch describes the "human toll" of proliferating criminal penalties.
Supreme Court Rejects Missouri's Attempt to Sue New York Over Trump Prosecution
Insofar as the justices split, it was due to long-standing disagreement over the nature of the Court's original jurisdiction.
America Criminalizes Too Much and Punishes Too Much
When those on parole or probation are included, one out of every 47 adults is under “some form of correctional supervision.”
Biden-Harris on Supreme Court Term Limits
An attack on the independence of the federal judiciary.
New Bill Would Revive the Right To Sue Federal Cops for Constitutional Violations
The Supreme Court created, then gutted, a right to sue federal agents for civil rights violations.
A Federal Judge Reluctantly Concludes That New Jersey's AR-15 Ban Is Unconstitutional
The decision shows that the Supreme Court has forced judges who like gun control to respect the Second Amendment anyway.
Biden's Supreme Court Reforms Are Unnecessary and Wrong
The Supreme Court is not as “extreme” or divided as it may seem.
Randy Barnett: Originalism, Obamacare, and the Libertarian Movement
Libertarian legal giant Randy Barnett on his epic Supreme Court battles, the Federalist Society, and watching movies with Murray Rothbard.
Trump Values Judicial Independence Only When It Benefits Him
His criticism of President Joe Biden’s proposed Supreme Court reform is hard to take seriously.
Struggling with Standing
The Supreme Court's conservatives are not cutting conservative litigants any slack (and that's a good thing).
Biden's Last Gasps
Plus: Venezuelan election follow-up, racial segregation is back (for Kamala), and more...
What Kamala Harris' Coronation Says About the Democratic Party
Plus: A listener asks the editors about Project 2025.
Trump's Favorite Justice Was One of Those 'Stupid People' Who Think Flag Burning Is Protected Speech
Antonin Scalia twice joined Supreme Court decisions rejecting bans on that particular form of political expression.
Thoughts on Biden's Proposed Supreme Court Reforms
The proposals include term limits for Supreme Court justices, a binding ethics code, and a constitutional amendment limiting the president's' immunity from prosecution. All 3 are potentially good ideas. But devil is in details.
Justice Kagan's Ninth Circuit Judicial Conference Remarks
Thanks to C-Span, video is now available.
The Behind the Scenes Wrangling in the Idaho Abortion Case
Joan Biskupic reports that the justices were initially inclined to back Idaho in the EMTALA case, until they realized the case was messier than they had thought.
Biden Now Wants To Force Others To Retire Too
Plus: Vance's anti-Trump emails, Venezuelan elections, toxic masculinity discourse, and more...
She Underpaid a Property Tax Bill. So the Government Seized Her Home, Sold It—and Kept the $102,636 Profit.
Chelsea Koetter is asking the Michigan Supreme Court to render the state's debt collection scheme unconstitutional.
"Wall Slammer" Kagan Seems to Endorse Ethics Code Enforcement at Supreme Court
Candid end of term comments from one of the Court's progressive justices.
Podcast Interview With Jay Nordlinger of National Review
Nordlinger's questions and my answers covered a wide range of topics on law, public policy, and more.
Zoning Police and NIMBYs Want To Keep People Homeless
Vineyard owners face $120,000 in fines for letting an employee and his family live on their 60-acre property without a permit.
The DOJ Claims Medical Marijuana Patients Who Own Guns 'Endanger the Public in Multiple Ways'
Defending the federal ban on gun possession by drug users, the government's lawyers seem increasingly desperate.
Biden to Propose Supreme Court Reforms
The proposals are likely to include term limits for Supreme Court justices, a binding ethics code, and a constitutional amendment limiting the president's and other officials' immunity from prosecution.
Supreme Court Left the Door Open for a Wealth Tax. But It's Still a Terrible Idea.
Wealth taxes discourage investment, shrink wages, and don’t generate much revenue.
