Will Sackett v. EPA Clarify the Scope of Federal Regulatory Jurisdiction Over Wetlands?
Ten years after their unanimous Supreme Court victory against the Environmental Protection Agency, the Sacketts return to One First Street for another round.
Supreme Court
A Parodist Asks SCOTUS To Let Him Sue the Cops Who Arrested Him for Making Fun of Them
The 6th Circuit ruled that qualified immunity prevented Anthony Novak from vindicating his First Amendment rights.
Germany's Criminalization of Online Offensiveness Shows the Perils of Weakening the First Amendment
A crackdown on insults, hate speech, and misinformation punishes dissenters who express themselves in ways that offend government officials.
Did Nina Totenberg Have a Conflict of Interest in Covering Justice Ginsburg?
Based upon Totenberg's new book, a prominent legal ethicist thinks the conflict was a real one.
The Government Can't Fix Social Media Moderation and Should Not Try
Democrats and Republicans both demand solutions that are inconsistent with the First Amendment.
Federal Judges Uphold Texas Law Regulating What Social Media Platforms May Censor
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.
Lindsey Graham's Abortion Ban, Which Would Override State Laws, Shows Contempt for Federalism
The Republican senator improbably claims his bill is authorized by the 14th Amendment and the Commerce Clause.
The Supreme Court's Ruling in Bruen Was a Big Win for Gun Rights
You don't have to prove to a government official that you have “proper cause” to exercise your constitutional right, the Court ruled.
Do the Supreme Court's Low Approval Ratings Show it is Undergoing a "Legitimacy Crisis"?
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.
Senate May Take Up Federal Same-Sex Marriage Bill This Month
A compromise to protect religious freedom may bring on more Republican support.
Why Won't the Biden Administration Join Gorsuch in Seeking To Overrule These Racist SCOTUS Precedents?
The Insular Cases “rest on a rotten foundation,” Gorsuch wrote.
This Grandmother Didn't Submit the Proper Banking Form. Now the IRS Wants $2.1 Million From Her.
She’s asking the Supreme Court to consider whether this seizure is an excessive fine under the Eighth Amendment.
Video of Bipartisan Policy Center Panel on "The Expanding Mandate: Immigration and the Courts"
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).
Will Biden's Student Loan Debt Cancellation Plan Hold Up in Court?
The president claims broad authority to act under a post-9/11 law.
ACLU Abandons First Amendment in Colorado Gay Wedding Web-Hosting Case
How do you justify government speech mandates? Apparently, you deliberately pretend that businesses have no right to control the messages they choose to present.
Originalism and the "Major Questions" Doctrine
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.
Supreme Court Asked To Decide if Paid Diet Advice Is Protected by the First Amendment
A Florida woman has been threatened with fines for giving tips without the proper occupational licensing.
Judicial Review of Congress Updated and Expanded
A comprehensive catalog of every case in which the Court considered a constitutional challenge to an act of Congress
Cato Supreme Court Review Article on the Supreme Court's January 2022 Vaccine Mandate Decisions
I am one of the relatively few people who think the Court got both cases right.
Restoring the right to bear arms, New York State Rifle and Pistol Association v. Bruen
Article for Cato Supreme Court Review
WV v. EPA: Some Answers about Major Questions (But Not All the Answers We Need)
My forthcoming article the good, the bad, and the likely implications of the Supreme Court's decision West Virginia v. EPA
Democrats Don't Care Whether Banning 'Assault Weapons' Is Constitutional
Even while conceding that the rifles they want to ban are commonly used for lawful purposes, they refuse to grapple with the implications.
The New York Times Is Surprised To Find Public Defenders Championing the Second Amendment
Yet the civil rights movement has long had a gun rights component.
John Roberts' Wicked Good Year
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.
Dobbs Opened Up an Attack on Doctors
The Supreme Court decision overturning Roe has made bad law and bad medicine
For the First Time, Supreme Court Splits 5-4 Along Gender Lines
The Court denied the Biden's request for a stay of a lower court injunction against new immigration enforcement guidelines.
Steve Sanders on Full Faith and Credit and the Respect for Marriage Act
A prominent academic expert on both same-sex marriage and full faith and credit weighs in.
House Democrats Revive Their Court-Packing Push
Adding progressive justices to the bench would eventually backfire.
Federalism and the Respect for Marriage Act
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.
Elena Kagan's Valid Critique of the Supreme Court's 'Shadow Docket'
“Without full briefing and argument,” Kagan objects, the Court is quietly resolving major disputes.
Congress Considers Gay Marriage Bill To Avoid a Future Supreme Court Showdown
Passing an actual law is a good and proper way of enshrining recognition.
How Focusing on Rape-or-Incest Exceptions Distorts the Abortion Debate
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."
Supreme Court Tells Cops To Stop Playing Doctor
The unanimous decision is a good first step for getting law enforcement out of prescription decisions.
This Lawsuit Says a Recent SCOTUS Decision Makes It Clear That 'Assault Weapon' Bans Are Unconstitutional
The Supreme Court unambiguously rejected the sort of reasoning that a federal appeals court used to uphold New York's ban.
This Appeal Asks the Supreme Court To Reject Warrantless Gun Seizures Justified by 'Special Needs'
The Institute for Justice urges SCOTUS to renounce that open-ended exception to the Fourth Amendment.
Does West Virginia v. EPA Doom the SEC's Climate Disclosure Rule? (Updated)
The Supreme Court is skeptical of agency efforts to pour new wine out of old bottles.
Renegade District Attorneys Who Defy State Mandates Are Often Freedom's Last Line of Defense
Perhaps, as we relearn the virtues of local decision-making, we'll also reacquire a taste for individualism.
Politicians Defy the Supreme Court's Ruling on the Right To Bear Arms
Several states are retaining subjective criteria for carry permits or imposing new restrictions on gun possession.
A California Law Regulating Ride-Share Apps Leaves Truckers in Limbo
The state's trucking industry fears drivers will quit or work out of state.
If Congress Bans Abortion, This New Deal Precedent Will Be at the Center of the Legal Battles
A 1942 decision about the Commerce Clause takes on new importance post-Roe.
Will Chevron Get the Lemon Treatment?
The Supreme Court proclaimed this term that the Lemon test had been abandoned. Is this what is in story for Chevron?
State Reactions to the SCOTUS Ruling Against Discretionary Carry-Permit Laws Range From Compliance to Defiance
Some states promptly eliminated subjective standards, while others refused to recognize the decision's implications.
The Clarence Thomas Court Is Good News for Gun Rights, Bad News for Criminal Justice Reform
Like it or not, the Thomas Court is here.
How Would You Change the Constitution?
I asked scholars, podcasters, and passersby how they'd change the nation's founding charter. Here's what they told me.
After a SCOTUS Rebuke, New York Imposes Oppressive New Restrictions on the Right To Bear Arms
"I don't need to have numbers," Gov. Kathy Hochul said when asked about the evidence supporting the law.
Is America Heading for a National Divorce?
Plus: A listener asks about Supreme Court legitimacy, and the editors practice "libertarian Festivus."
