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.
Supreme Court
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."
George Washington University Officials Defend Clarence Thomas' Free Expression Rights
The university's own students are often not so lucky.
How the Conservative Supreme Court Is Changing America
Leading libertarian legal scholar Randy Barnett talks about abortion, gun rights, and worrying trends at the highest court in the land.
SCOTUS Vacates 4 Decisions Upholding Gun Control Laws Whose Constitutionality Now Looks Doubtful
The Court told appeals courts to reconsider their conclusions in light of last week's ruling against New York's restrictions on public possession of firearms.
Justice Kagan Throws Down the Gauntlet: We Are Not "All Textualists Now"
In her forceful West Virginia v. EPA dissent, Justice Kagan challenges the majority's commitment to textualism.
Elizabeth Nolan Brown: Abortion Prohibition, Mail-Order Pills, and Post-Roe Politics
The Reason senior editor and co-founder of the libertarian feminist group Feminists for Liberty examines a murky post-Roe future.
SCOTUS Said Ambitious Climate Regulations Need To Come From Congress. Lawmakers Are Furious.
Plus: A new lawsuit challenges D.C.'s ban on carrying guns on public transit, Denver's latest housing affordability initiative will make the city more expensive, and more...
Without Roe v. Wade, Litigants Look to State Constitutions for Protection of Abortion Rights
Several state supreme courts already have recognized the right to terminate a pregnancy. Will more states join the list?
Supreme Court Limits EPA's Ability To Impose Costly Greenhouse Gas Emissions Cuts
Any future regulations will require clear authorization from Congress.
Supreme Court Gives Biden Administration a (Temporary?) Win on Immigration with Final Decision of Term
Chief Justice Roberts final opinion of the term rejects the statutory challenge to the Biden Administration's rescission of the "Remain in Mexico" policy.
Biden Can End 'Remain in Mexico' Border Policy, Says SCOTUS
Scrapping the policy is an important step in restoring a fair asylum-seeking process.
Supreme Court Rejects Broad EPA Authority to Regulate Greenhouse Gases from Power Plants (Updated)
Chief Justice Roberts writes for a six-justice majority in West Virginia v. EPA.
Randy Barnett: Abortion, Guns, and the Future of the Supreme Court
The leading libertarian legal theorist talks about worrying trends at the Supreme Court as a conservative majority takes hold.
Justice Breyer's Final(?) Majority Opinion Is A Win For Federal Power
Justice Breyer consistently resisted conservative efforts to constrain federal power, so his opinion in Torres is a fitting swan song.
