The justices wrestled with the problem of identifying a clear, coherent, and administrable definition to constrain federal regulatory jurisdiction under the Clean Water Act.
The Supreme Court may soon consider if acquitted conduct sentencing is illegal.
Despite the state's law allowing no third-party House candidates to get on the ballot in 60 years, the Court declined to hear the case.
Does Section 230 shield YouTube from lawsuits about recommendations? Can Twitter be forced to pay damages over the terrorists it hasn’t banned?
Plus: SCOTUS is back in session, governments around the world are getting bigger, and more...
and some thoughts about judicial fearlessness
Ten years after their unanimous Supreme Court victory against the Environmental Protection Agency, the Sacketts return to One First Street for another round.
The 6th Circuit ruled that qualified immunity prevented Anthony Novak from vindicating his First Amendment rights.
A crackdown on insults, hate speech, and misinformation punishes dissenters who express themselves in ways that offend government officials.
Based upon Totenberg's new book, a prominent legal ethicist thinks the conflict was a real one.
Democrats and Republicans both demand solutions that are inconsistent with the First Amendment.
It’s a terrible ruling that misunderstands years of First Amendment precedents. And it’s increasingly likely that the Supreme Court will have to intervene.
The Republican senator improbably claims his bill is authorized by the 14th Amendment and the Commerce Clause.
You don't have to prove to a government official that you have “proper cause” to exercise your constitutional right, the Court ruled.
The Court's popularity has indeed fallen. But its relatively low approval ratings are neither unprecedented, nor worse than those of the other branches of government.
A compromise to protect religious freedom may bring on more Republican support.
The Insular Cases “rest on a rotten foundation,” Gorsuch wrote.
She’s asking the Supreme Court to consider whether this seizure is an excessive fine under the Eighth Amendment.
I was one of the participants, along with Karen Tumlin (Justice Action Center), Leon Fresco (formerly of the Department of Justice), and moderator Eileen Gilmer (Bloomberg).
The president claims broad authority to act under a post-9/11 law.
How do you justify government speech mandates? Apparently, you deliberately pretend that businesses have no right to control the messages they choose to present.
Originalist legal scholars Mike Ramsey and Mike Rappaport debate whether the major questions doctrine - an important theory underlying several recent Supreme Court decisions - can be squared with originalism or not.
A Florida woman has been threatened with fines for giving tips without the proper occupational licensing.
A comprehensive catalog of every case in which the Court considered a constitutional challenge to an act of Congress
I am one of the relatively few people who think the Court got both cases right.
Article for Cato Supreme Court Review
My forthcoming article the good, the bad, and the likely implications of the Supreme Court's decision West Virginia v. EPA
Even while conceding that the rifles they want to ban are commonly used for lawful purposes, they refuse to grapple with the implications.
Yet the civil rights movement has long had a gun rights component.
The Chief Justice has been the focus of widespread criticism during the last Supreme Court term. But he deserves credit for getting virtually every single major case right.
The Supreme Court decision overturning Roe has made bad law and bad medicine
The Court denied the Biden's request for a stay of a lower court injunction against new immigration enforcement guidelines.
A prominent academic expert on both same-sex marriage and full faith and credit weighs in.
Adding progressive justices to the bench would eventually backfire.
Does the bipartisan act protecting same-sex marriage run afoul of constitutional federalism principles? The answer is definitely not with respect to one of its provisions, and probably not with respect to the other.
“Without full briefing and argument,” Kagan objects, the Court is quietly resolving major disputes.
Passing an actual law is a good and proper way of enshrining recognition.
The New York Times misleadingly claims that cases like the abortion sought by a 10-year-old Ohio rape victim "are not as rare as people think."
The unanimous decision is a good first step for getting law enforcement out of prescription decisions.
The Supreme Court unambiguously rejected the sort of reasoning that a federal appeals court used to uphold New York's ban.
The Institute for Justice urges SCOTUS to renounce that open-ended exception to the Fourth Amendment.
The Supreme Court is skeptical of agency efforts to pour new wine out of old bottles.
Perhaps, as we relearn the virtues of local decision-making, we'll also reacquire a taste for individualism.
Several states are retaining subjective criteria for carry permits or imposing new restrictions on gun possession.
The state's trucking industry fears drivers will quit or work out of state.
A 1942 decision about the Commerce Clause takes on new importance post-Roe.
The Supreme Court proclaimed this term that the Lemon test had been abandoned. Is this what is in story for Chevron?
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