Alito's Abortion Ruling Overturning Roe Is an Insult to the 9th Amendment
The Constitution protects many more rights than it mentions, as James Madison explained.
Supreme Court
Here Is a State-by-State Rundown of What Will Happen Now That SCOTUS Has Freed Lawmakers To Restrict Abortion
Most states are unlikely to enact bans, but 22 either have them already or probably will soon.
The Online Freakout Over Yesterday's Supreme Court Decisions
Plus: Abortion and free speech, Juul fights back, and more...
'The Second Amendment Is Not Unlimited,' Brett Kavanaugh Stresses in SCOTUS Gun Case
“Properly interpreted, the Second Amendment allows a ‘variety’ of gun regulations,” Kavanaugh writes, invoking Antonin Scalia
SCOTUS Says You Can't Sue the Cops for Violating Your Miranda Rights
A 6–3 ruling undermines attempts to hold police accountable for misconduct.
In Landmark 2nd Amendment Ruling, SCOTUS Affirms Right 'To Carry a Handgun for Self-Defense Outside the Home'
“Nothing in the Second Amendment’s text draws a home/public distinction with respect to the right to keep and bear arms,” says New York State Rifle & Pistol Association v. Bruen.
Alito's Leaked Abortion Opinion Misunderstands Unenumerated Rights
The Supreme Court justice is wrong when he says abortion rights aren't deeply rooted in American history.
Sotomayor vs. Roberts on Religion, Schools, and the First Amendment
“A State violates the Free Exercise Clause when it excludes religious observers from otherwise available public benefits,” the Supreme Court held.
Environmental Protection Agency
EPA Pushes Back Power Plant Greenhouse Gas Regulations While Awaiting Supreme Court Ruling
No matter how the Supreme Court rules in West Virginia v. EPA, absent legislative action it is unlikely new power plant rules will be in force before 2024.
SCOTUS Again Upholds Double Prosecution and Punishment for the Same Crime
Unsatisfied by the outcome of one case, the feds secured a much more severe penalty the second time around.
Supreme Court Makes It Effectively Impossible To Sue Federal Cops, Smashing a 51-Year-Old Precedent
A federal badge will now serve as an impenetrable shield against civil liability.
Gorsuch and Alito Butt Heads in Another Criminal Justice Case
According to Alito, Gorsuch’s opinion “veered off into fantasy land.”
School Choice and Religious Liberty Advocates Just Won Big at the Supreme Court
States may not "exclude some members of the community from an otherwise generally available public benefit because of their religious exercise,” says SCOTUS.
'Jane's Revenge': Abortion Terror Group or Terror Hoax?
Plus: Americans' changing opinions of January 6 riots, Texas craft brewer can "party on," and more...
Justice Sotomayor Defends Justice Thomas
In remarks to the American Constitution Society, Justice Sonia Sotomayor shares her thoughts on the senior-most Associate Justice.
With Roe v. Wade in Doubt, Some Liberals Fault Ruth Bader Ginsburg for Not Retiring Early
Some fans are now souring on her legacy.
3 Supreme Court Cases To Watch in the Next 2 Weeks
Big rulings are coming soon on school choice, guns, and abortion.
White House Consults with Law Professors in Anticipation of Dobbs Ruling (Updated)
The Biden Administration is apparently considering a range of responses should te Supreme Court overturn Roe v. Wade.
It's a Bad Year for Criminal Justice Reform at the Supreme Court
A recent pair of cases spotlights the sorry state of affairs.
Supreme Court Decides Major Chevron Case Without Citing Chevron
American Hospital Association v. Becerra is another indication that lower courts are too quick to give agencies Chevron deference.
What's Wrong With That Footnote? It's Only Seven Words Long!
Chief Justice Roberts refuses to join a wee little footnote in a Justice Barrett opinion.
Chief Justice Roberts Explains DIG of Public Charge Case
The Supreme Court has decided not to decide an important question relating to flips in federal policy when Administrations turn over.
Barrett v. Gorsuch -- Continued
Justice Gorsuch has dissented from two-thirds of Justice Barrett's majority opinions this term.
Barrett v. Gorsuch
Justice Amy Coney Barrett and Neil Gorsuch are disagreeing more than you might think, but Justice Barrett appears to have the upper hand.
Political Violence Escalates in a Fracturing U.S.
Tensions won’t simmer down until Americans stop fearing power in the hands of enemies.
Armed Man Arrested Near Brett Kavanaugh's House
Police stopped him a block away from Kavanaugh's Chevy Chase home, where he allegedly admitted he was there to kill the justice.
SCOTUS Just Made It Even Harder To Sue an Abusive Federal Agent
The Supreme Court continues to shield federal officers who are accused of violating constitutional rights.
The Least Productive Supreme Court Ever?
The justices hear fewer cases and decide fewer questions than they used to.
"The Possibility of Prosecuting Federal Court Leakers—Update & Rejoinder"
Former prosecutors Markus Funk and Andrew S. Boutros, and Judge Virginia Kendall, delve further into this fascinating question.
Gay Weddings Return to The Supreme Court
Can a web designer be compelled under the First Amendment to host wedding pictures?
Pro-Life Identification Falls to Lowest Level Since 1996
Plus: Michigan prisons ban Spanish and Swahili dictionaries, a win against New York's ban on "unauthorized" legal advice, and more...
Georgetown Ends Investigation of Ilya Shapiro for Bad Tweet, Will Not Fire Him
"I look forward to teaching and engaging in a host of activities relating to constitutional education," said Shapiro.
How Far Behind Is the Supreme Court?
We will get opinions on Monday, but the Court will have to average more than two opinions per day to finish before July 4.
Texas Can't Start Enforcing Social Media Law, Says SCOTUS
Plus: Who's bringing fentanyl across the border? Will Austin become a sanctuary city for abortion? And more...
A Few Orders, But Where Are the Opinions?
With thirty-three opinions in argued cases yet to issue, the Supreme Court is well behind the usual pace.
SCOTUS Lets Tony Timpa's Family Pursue Claims Against Cops Who Killed Him While Supposedly Trying To Help Him
The lawsuit over Timpa's deadly prone restraint, initially blocked by qualified immunity, was revived by the 5th Circuit.
A Former Public Defender Joins the Supreme Court
Newly confirmed Supreme Court Justice Ketanji Brown Jackson has a good track record on cases involving qualified immunity.
Unfazed by the Second Amendment, Democrats Want To Ban Gun Purchases by Young Adults
Two federal appeals courts recently concluded that such age restrictions are unconstitutional.
Supreme Court Turns Away Red State Effort to Block Social Cost of Carbon
Without opinion the justices rejected Louisiana's application to vacate a lower court stay.
Sherif Girgis on the Draft Dobbs Opinion and Its Critics
An assessment of claims that Justice Alito's draft opinion rests on historical error, provides no meaningful basis for distinguishing abortion from other unenumerated rights, and forecloses constitutional protection of the mother's life.
Justice Kennedy: Draft Opinion Leak Was "Cowardly, Corrupt, Contemptuous Act."
The former Associate Justice joins those condemning the leak of a draft opinion.
Republicans Defend Texas Social Media Law—and Compelled Speech
Plus: Twitter defends user anonymity, Oklahoma legislature approves abortion ban, and more...
Isaac Chotiner Interviews Professor Laurence Tribe
A revealing interview on the Supreme Court, Chief Justice Roberts, climate change, and Tribe's tweeting habits.
New York's Governor Wants to 'Silence' Constitutionally Protected Speech
In response to the Buffalo massacre, Gov. Kathy Hochul invoked a hoary analogy to justify censorship.
Akhil Amar on the Draft Dobbs Opinion
A prominent progressive law professor challenges some of the prevailing orthodoxy on Roe, Dobbs, and Supreme Court precedent.
The Blurry Legal Line Between Doctors and Drug Dealers
Xiulu Ruan, a pain specialist, was sentenced to 21 years in federal prison for prescribing opioid analgesics "outside the usual course of professional medical practice."
