Stephen Breyer Makes the Liberal Case Against Court Packing
In his new book, the 83-year-old justice warns court-packing advocates to “think long and hard before embodying those changes in law.”
Supreme Court
Supreme Court Punts on Constitutionally Dubious Texas Abortion Law
Plus: Millennial myth busting, McFlurry madness, and more...
The Sweeping Texas Abortion Ban That Took Effect Today Is Plainly Inconsistent With SCOTUS Precedents
Because the Supreme Court so far has not intervened, post-heartbeat abortions are now illegal in the Lone Star State.
Critics of the SCOTUS Decision Against the CDC's Eviction Moratorium Might Miss the Rule of Law When They Need It
The Court said it "strains credulity" to believe that Congress gave the CDC the "breathtaking amount of authority" it asserted.
Supreme Court Says Private Property Rights and Separation of Powers Do Still Exist in U.S.
Plus: Biden won't budge on Afghanistan, bad news for psychedelics measure in California, and more...
Supreme Court Concludes Trump "Remain in Mexico" Policy Must Remain in Place
The Biden Administration suffers a significant loss on the Supreme Court's "shadow docket."
Does the First Amendment Shield a Government Official From Being Censured by His Colleagues?
The Supreme Court will hear the case this fall.
How Bill Barr Kept Ken Starr Off the Supreme Court (Resulting in David Souter)
An interesting historical tidbit about the nomination of David Souter to the Supreme Court
Amy Coney Barrett Declines To Block Indiana University COVID-19 Vaccine Requirement
The university's vaccine requirement will remain in force.
A Federal Cop Devised a Bogus Sex Trafficking Ring and Jailed This Teen for 2 Years. The Cop Can't Be Sued.
The most powerful officers are held to the lowest standard of accountability.
Biden's Eviction Moratorium Defies the Rule of Law
The administration issued the order even while conceding that it lacked the authority to do so.
Biden Admits New CDC Eviction Moratorium Runs Counter to 'the Bulk of the Constitutional Scholarship'
The Supreme Court will likely rule against Biden’s executive gambit.
Gun Control Scheme Harms Black and Hispanic New Yorkers, Public Defenders Tell Supreme Court
“New York enacted its firearm licensing requirements to criminalize gun ownership by racial and ethnic minorities.”
Are Supreme Court Term Limits Coming Soon?
Biden’s Presidential Commission on the Supreme Court seems to favor judicial term limits.
Federal Judges Are Blocking State Anti-Trans Bills
Culture war bills signed into law in Arkansas, West Virginia, and Tennessee run afoul of Constitution, federal law.
School Choice Is the Answer to Education Disputes
Religious families aren’t the only ones seeking escape from endless curriculum wars.
If the CDC Can Impose a Nationwide Eviction Moratorium, Why Can't It Impose a Nationwide Vaccine Mandate?
It could, if it actually had the vast public health powers that the Biden administration claims it does.
SCOTUS Revisits Gun Control
"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.'"
Trump Judicial Appointees Clash Over Qualified Immunity and 'the Woke Constitution'
The fight over qualified immunity divides "conservative" judges on the 5th Circuit.
What Difference Would a Justice Breyer Retirement Make?
Replacing the Court's most pro-government justice with a young progressive might make a bigger difference than expected.
Courthouse Steps Podcast on California v. Texas
A discussion with Mario Loyola on the Supreme Court's latest Affordable Care Act Decision
Why Is It So Hard To Sue a Bad Cop?
"Redress for a federal officer's unconstitutional acts is either extremely limited or wholly nonexistent."
Why Didn't COVID-19 Kill the Constitution?
We can thank judges who were prepared to enforce constitutional limits on public health powers.
Three Supreme Court Justices Signal Willingness to Reconsider Kelo v. City of New London
It's an indication that the notorious decision holding that the government can take property for private "economic development" may be vulnerable.
Clarence Thomas, the Supreme Court's Most Conservative Justice, Trashes Qualified Immunity Again
The Court has "failed to justify our enacted policy," he wrote.
Thomas and Gorsuch Say Kelo Eminent Domain Ruling 'Was Wrong the Day It Was Decided' and 'Remains Wrong Today'
The controversial 2005 case "strayed from the Constitution," say Thomas and Gorsuch.
Justice Thomas Takes Another Shot at Qualified Immunity
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.
SCOTUS Rules That California Violated the First Amendment by Routinely Demanding Donor Information From Advocacy Groups
Six justices agreed that the state's "dragnet for sensitive donor information" imposes "a widespread burden on donors' associational rights."
Did Justice Barrett Lose the Majority in the PennEast PIpeline Case?
The junior justice wrote only four signed opinions in argued cases, but had several dissents from the April sitting.
Supreme Court Ends Term with Two 6-3 Splits Along Familiar Lines
The Court's final opinions did not offer many surprises.
Supreme Court Won't Hear Case Challenging Massachusetts' Income Tax on Telecommuters Who Don't Live or Work in Massachusetts
The Court left increasingly urgent questions about taxing remote workers up in the air.
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.
A New Case Gives the Supreme Court a Chance To Defend Gun Rights
It's likely that soon, almost all Americans will be legally able to carry guns.
Supreme Court Refuses to Block CDC Eviction Moratorium—But also Signals Majority of Justices Believe the Moratorium is Illegal
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.
Supreme Court Refuses to Vacate Stay of Order Invalidating CDC Eviction Moratorium
The Court lets the CDC's eviction moratorium remain in place, even though a majority seems to believe CDC's action is unlawful.
He Died After Cops Shackled Him and Held Him Facedown. A Court Said That Was Constitutional. SCOTUS Isn't So Sure.
The officers might receive qualified immunity, however.
These Were Not the 5-4 SCOTUS Decisions You Were Looking For
The Supreme Court issues three opinions in argued cases that split three different ways.
Unusual Summary Reversal in St. Louis Excessive Force Case
An unusual but welcome move.
Clarence Thomas Blasts the 'Contradictory and Unstable' Federal Marijuana Ban
Sixteen years after Gonzales v. Raich, Thomas is back with another opinion criticizing the federal government’s marijuana ban.
A Victory for Trans Teens as Supreme Court Declines To Hear Appeal in Bathroom Case
The refusal leaves in place a federal court decision favoring trans students' right to insist on accommodation.
Justice Thomas Decries "Contradictory and Unstable State" of Marijuana
In an opinion respecting the denial of certiorari, Justice Thomas suggests it may be time to reconsider Gonzales v. Raich
Collins, California, and Standing-as-Usual: A Response to Josh Blackman
No, Justice Alito's opinion for the Court did not endorse standing-through-inseverability.
Supreme Court Declines to Consider Chevron Deference Because Government Did Not Ask It To (Updated)
An interesting administrative law tidbit in one of today's Supreme Court decisions.
Friday Morning SCOTUS Fun (Updated)
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.
My "The Hill" Article on Cedar Point Nursery v. Hassid
The article assesses today's important Supreme Court property rights ruling.
High School Cheerleader's Profane Social Media Rant Is Protected Free Speech, Says SCOTUS
First Amendment advocates prevailed in Mahanoy Area School District v. B.L.
Bill Barr Gets Away With Busting Heads in Lafayette Square Because He's a Fed
"In lower courts' view, [a] federal badge now equals absolute immunity."
