At Least 5 Justices Seem To Think the CDC's Eviction Moratorium Is Illegal. SCOTUS Left It in Place Anyway.
Brett Kavanaugh, who provided a crucial fifth vote, said he agrees that the CDC does not have the authority to override rental contracts.
Brett Kavanaugh, who provided a crucial fifth vote, said he agrees that the CDC does not have the authority to override rental contracts.
It's likely that soon, almost all Americans will be legally able to carry guns.
A majority refused to lift a stay of a district court injunction against the order, but five justices indicated they believe the order is illegal.
The Court lets the CDC's eviction moratorium remain in place, even though a majority seems to believe CDC's action is unlawful.
The officers might receive qualified immunity, however.
The Supreme Court issues three opinions in argued cases that split three different ways.
An unusual but welcome move.
Sixteen years after Gonzales v. Raich, Thomas is back with another opinion criticizing the federal government’s marijuana ban.
The refusal leaves in place a federal court decision favoring trans students' right to insist on accommodation.
In an opinion respecting the denial of certiorari, Justice Thomas suggests it may be time to reconsider Gonzales v. Raich
No, Justice Alito's opinion for the Court did not endorse standing-through-inseverability.
An interesting administrative law tidbit in one of today's Supreme Court decisions.
Another day in which the conservative justices split on constitutional and statutory questions, and the Court split along gender lines in a case concerning renewable fuels.
The article assesses today's important Supreme Court property rights ruling.
First Amendment advocates prevailed in Mahanoy Area School District v. B.L.
"In lower courts' view, [a] federal badge now equals absolute immunity."
Fourth Amendment advocates win big in Lange v. California.
Today produced one of the Supreme Court term's few true conservative-liberal splits, and showed additional signs of a generational divide on criminal law.
A "deep dive" into originalist legal theory, and analysis of five recent Supreme Court cases
"The NCAA is not above the law," wrote Justice Brett Kavanaugh in a fiery concurring opinion.
The Supreme Court gave us one unanimous opinion and two messes, one larger than the other.
Plus: Georgia's voting roll purge draws media hype, Florida's drug law hypocrisy, and more...
An index of my writings on what may be the last major Obamacare case to get to the Supreme Court.
The logic of Justice Alito's California v. Texas dissent would apply equally to the Affordable Care Act replacement Republicans tried to pass.
A handy index of my writing on this improbable ACA challenge.
A slightly deeper dive into today's California v. Texas decision rejecting the effort to turn constitutional litigation into a game of Jenga.
The article explains the Court's ruling, and why the plaintiff states deserved to lose on the main issue.
No justices disagreed, but Alito, Gorsuch, and Thomas object that the majority is sidestepping a debate over when laws can overrule religious beliefs.
Without a mandate penalty, the challengers had no standing.
The Supreme Court properly concludes that there is no standing to challenge a legal provision that has no effect.
Three states have advanced constitutionally questionable laws.
Progressives are increasingly worried that Justice Breyer will overstay his time on the Court.
The Senate Minority Leader's remarks add some urgency to progressive appeals for Justice Breyer to retire.
A new brief asks the Supreme Court to reinstate Dzhokhar Tsarnaev’s death sentence.
The question of proportionality assumes that punishment is appropriate for peaceful conduct that violates no one's rights.
Many were surprised that the K-named Justice joining Justice Sotomayor was Justice Kavanaugh instead of Kagan.
After eight years, Tyson Timbs finally gets to keep his Land Rover—once and for all.
Can a cop enter a suspect's home without a warrant if they're in pursuit and have probable cause to believe the suspect has committed a misdemeanor?
Such laws arbitrarily prohibit rifles that are commonly used for legal purposes.
A new conservative faction embraces "authoritative rule for the common good."
There are "Two Obstacles to (Merely) Chipping Away at Roe in Dobbs," he writes
Like a number of other modern conservatives, Thomas seems to think that Twitter and other tech companies are effectively censoring right-of-center views.
Discussions of this week's decisions in Cooley and Van Buren, and the Warren Court case of Katzenbach v. Morgan
Prosecutors like to use the law against people who clearly weren't engaged in hacking. The Court is trying to rein them in.
Doing the wrong thing at an off-campus party could lead to on-campus consequences.
The Supreme Court will soon announce if it'll consider an appeal.
A study of civil rights cases found that "police officers are virtually always indemnified" by their employers.