An Inmate Allegedly 'Leaking Blood All Over' Was Denied Medical Treatment for Hours. The Prison Guard Gets Qualified Immunity
The legal doctrine continues to render juries irrelevant.
The legal doctrine continues to render juries irrelevant.
The case was the subject of a Supreme Court ruling in which the power of eminent domain prevailed over state sovereign immunity.
In the first two lawsuits filed under S.B. 8, all of the parties seem to think enforcement of the law should be blocked.
Justices have mostly demurred on the question of whether anti-discrimination laws trump religious freedom.
It's almost impossible to hold federal officers to account.
Second in a series of posts on historically awful Supreme Court decisions that deserve more opprobrium than they get.
Alan Braid says he broke the law, which prohibits the vast majority of abortions, to make sure it would be tested in court.
If anything, Josh was too gentle on Dean Erwin Chemerinsky's latest op-ed.
“The Supreme Court has repeatedly recognized the authority of the United States...to seek equitable relief to vindicate various federal interests and constitutional guarantees.”
Free speech and occupational licensing collide.
The Justice continues his media book tour without commenting on his potential retirement.
A precedent allowing federal officers to be held civilly liable for constitutional rights violations has come under fire.
An interesting exploration of what happens when high courts are evenly divided.
A federal court admitted the officers violated the man's rights. It doesn't matter.
The same legal ruse can be used against gun rights and other civil liberties, not just against abortion.
The decision is wrong, but consistent with previous precedent. Yet it also threatens to create a road map for circumventing constitutional rights. Fortunately, the latter can be prevented.
In his new book, the 83-year-old justice warns court-packing advocates to “think long and hard before embodying those changes in law.”
Plus: Millennial myth busting, McFlurry madness, and more...
Because the Supreme Court so far has not intervened, post-heartbeat abortions are now illegal in the Lone Star State.
The Court said it "strains credulity" to believe that Congress gave the CDC the "breathtaking amount of authority" it asserted.
Plus: Biden won't budge on Afghanistan, bad news for psychedelics measure in California, and more...
The Biden Administration suffers a significant loss on the Supreme Court's "shadow docket."
The Supreme Court will hear the case this fall.
An interesting historical tidbit about the nomination of David Souter to the Supreme Court
The university's vaccine requirement will remain in force.
The most powerful officers are held to the lowest standard of accountability.
The administration issued the order even while conceding that it lacked the authority to do so.
The Supreme Court will likely rule against Biden’s executive gambit.
“New York enacted its firearm licensing requirements to criminalize gun ownership by racial and ethnic minorities.”
Biden’s Presidential Commission on the Supreme Court seems to favor judicial term limits.
Culture war bills signed into law in Arkansas, West Virginia, and Tennessee run afoul of Constitution, federal law.
Religious families aren’t the only ones seeking escape from endless curriculum wars.
It could, if it actually had the vast public health powers that the Biden administration claims it does.
"The Second Amendment does not exist to protect only the rights of the happy few who distinguish themselves from the body of 'the people' through some 'proper cause.'"
The fight over qualified immunity divides "conservative" judges on the 5th Circuit.
Replacing the Court's most pro-government justice with a young progressive might make a bigger difference than expected.
A discussion with Mario Loyola on the Supreme Court's latest Affordable Care Act Decision
"Redress for a federal officer's unconstitutional acts is either extremely limited or wholly nonexistent."
We can thank judges who were prepared to enforce constitutional limits on public health powers.
It's an indication that the notorious decision holding that the government can take property for private "economic development" may be vulnerable.
The Court has "failed to justify our enacted policy," he wrote.
The controversial 2005 case "strayed from the Constitution," say Thomas and Gorsuch.
He repeats his concern that QI doctrine rests on "shaky ground" and imposes a "one-size-fits-all doctrine" that is "an odd fit for many cases," including those involving university administrators.
Six justices agreed that the state's "dragnet for sensitive donor information" imposes "a widespread burden on donors' associational rights."
The junior justice wrote only four signed opinions in argued cases, but had several dissents from the April sitting.
The Court's final opinions did not offer many surprises.
The Court left increasingly urgent questions about taxing remote workers up in the air.