SCOTUS Refuses 'To Print a New Permission Slip for Entering the Home Without a Warrant'
Fourth Amendment advocates win big in Lange v. California.
Supreme Court
Cheerleaders and Property Owners Prevail in the Supreme Court (Updated)
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.
Last Week's Podcasts
A "deep dive" into originalist legal theory, and analysis of five recent Supreme Court cases
NCAA Can't Ban Colleges From Compensating Athletes, Supreme Court Says
"The NCAA is not above the law," wrote Justice Brett Kavanaugh in a fiery concurring opinion.
Today's Interesting SCOTUS Line-Ups and What They Do (or Don't) Reveal
The Supreme Court gave us one unanimous opinion and two messes, one larger than the other.
Colorado Court Slaps Baker With Fine for Refusing To Make Gender Transition Cake
Plus: Georgia's voting roll purge draws media hype, Florida's drug law hypocrisy, and more...
Three Years of Commentary on California v. Texas
An index of my writings on what may be the last major Obamacare case to get to the Supreme Court.
Would Justice Alito Have Struck Down the GOP Obamacare Replacement?
The logic of Justice Alito's California v. Texas dissent would apply equally to the Affordable Care Act replacement Republicans tried to pass.
Three Years Worth of Blogging on California v. Texas
A handy index of my writing on this improbable ACA challenge.
What the Supreme Court Got Right (and Justice Alito Got Wrong) in the Texas ACA Decision
A slightly deeper dive into today's California v. Texas decision rejecting the effort to turn constitutional litigation into a game of Jenga.
My Washington Post Op Ed on Today's Supreme Court Obamacare Decision
The article explains the Court's ruling, and why the plaintiff states deserved to lose on the main issue.
Supreme Court Rules Philadelphia Can't Force Catholic Agency To Serve Gay Foster Parents
No justices disagreed, but Alito, Gorsuch, and Thomas object that the majority is sidestepping a debate over when laws can overrule religious beliefs.
For the Third Time, the Roberts Court Rescues Obamacare
Without a mandate penalty, the challengers had no standing.
BREAKING: SCOTUS Holds 7-2 Texas Lacks Standing to Press Obamacare Claim (Updated)
The Supreme Court properly concludes that there is no standing to challenge a legal provision that has no effect.
States Move To Force Sports Teams To Play the National Anthem
Three states have advanced constitutionally questionable laws.
"Nothing Justice Stephen Breyer Has Said Publicly Suggests He's Ready to Quit"
Progressives are increasingly worried that Justice Breyer will overstay his time on the Court.
Senator McConnell on Whether a GOP Senate Would Consider Biden SCOTUS Nominees
The Senate Minority Leader's remarks add some urgency to progressive appeals for Justice Breyer to retire.
Biden Campaigned on Ending the Death Penalty. His Justice Department Wants To Execute the Boston Marathon Bomber Anyway.
A new brief asks the Supreme Court to reinstate Dzhokhar Tsarnaev’s death sentence.
When Is a Civil Forfeiture Based on Drug Offenses Excessive? Always.
The question of proportionality assumes that punishment is appropriate for peaceful conduct that violates no one's rights.
Why Didn't Justice Kagan Join Justice Sotomayor's Opinion Respecting Certiorari in National Coalition for Men v. Selective Service System?
Many were surprised that the K-named Justice joining Justice Sotomayor was Justice Kavanaugh instead of Kagan.
Indiana Said the Government Should Be Able To Take Everything You Own if You Commit a Drug Crime. The State Supreme Court Wasn't Having It.
After eight years, Tyson Timbs finally gets to keep his Land Rover—once and for all.
Gorsuch Pushes Stronger Fourth Amendment Protections
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?
Here's Why California's 'Assault Weapon' Ban Is Unconstitutional
Such laws arbitrarily prohibit rifles that are commonly used for legal purposes.
The Trouble With 'Common Good Originalism'
A new conservative faction embraces "authoritative rule for the common good."
Sherif Girgis on the Supreme Court's Options in the Next Abortion Case
There are "Two Obstacles to (Merely) Chipping Away at Roe in Dobbs," he writes
Clarence Thomas Declares War on Big Tech
Like a number of other modern conservatives, Thomas seems to think that Twitter and other tech companies are effectively censoring right-of-center views.
This Week's Podcasts
Discussions of this week's decisions in Cooley and Van Buren, and the Warren Court case of Katzenbach v. Morgan
Supreme Court Places Limits on What Actions Violate Federal Hacking Law
Prosecutors like to use the law against people who clearly weren't engaged in hacking. The Court is trying to rein them in.
Public University Threatens To Monitor and Punish Off-Campus Student Behavior
Doing the wrong thing at an off-campus party could lead to on-campus consequences.
10 Cops Got Qualified Immunity After Holding a Shackled Man Facedown Until He Died
The Supreme Court will soon announce if it'll consider an appeal.
The Fear That Abolishing Qualified Immunity Would Expose Cops to Ruinous Personal Liability Is a Big Fat Red Herring
A study of civil rights cases found that "police officers are virtually always indemnified" by their employers.
Do Anti-BDS Laws Restrict Speech?
The line between commercial decisions and advocacy is not as clear as opponents of anti-Israel boycotts suggest.
Federal Cops Attacked a 70-Year-Old Vietnam Veteran and Then Avoided Accountability in Court
The Supreme Court declines to hear arguments in Oliva v. Nivar.
A City Got Protections From Qualified Immunity After a Cop Killed a Man. SCOTUS Won't Hear the Case.
The decision will make it even more difficult for victims to hold the government accountable when their rights are violated.
A Euclid Cop Killed a Man Who Had Been Sleeping in His Car. The Cop Can't Be Sued. The City Can't Be, Either.
The Supreme Court has a chance to fix this. The stakes are high.
Will Pro-Life Politicians Face a Backlash If the Supreme Court Lets Them Restrict Abortion?
National surveys obscure large regional variations in public opinion about abortion limits.
My New "Divided Argument" Podcast
An unscheduled, unpredictable Supreme Court podcast with Dan Epps
Get a Warrant, Supreme Court Tells Cops Who Seized Guns From Home Without Due Process
Plus: On SATs and bias, what changed when Texas lifted its mask mandate, and more...
Supreme Court Won't Make Ban on Non-Unanimous Jury Convictions Retroactive
Bad news for hundreds of imprisoned defendants in Louisiana and Oregon
Americans Don't Want Schools To Punish Off-Campus Speech
Only students support extending the power to penalize speech, raising concerns about what they’re learning in school.
My New "Dissenting Opinions" Podcast
some heterodox views about Supreme Court opinions, and more
A Supreme Court Decision That Did Lasting Damage to the 4th Amendment
How pretextual traffic stops got the judicial stamp of approval.
A Potential Way Forward for Nondelegation Concerns
Focusing on time and the "nondelegation baseline" would be one way to constrain excessive delegation.
Does This Elderly Veteran Have Any Recourse Against the Federal Cops Who Brutally Assaulted Him?
SCOTUS will soon decide whether to hear José Oliva’s argument that he should be allowed to sue V.A. officers for violating his Fourth Amendment rights.
Pressuring Justice Breyer to Retire
More and more progressive commentators want to see a Supreme Court vacancy this year.
SCOTUS Hears a Crack Sentencing Case That Shows How the Drug War Piles One Cruel Absurdity on Top of Another
Tarahrick Terry was sentenced to more than 15 years in prison after he was caught with less than four grams.
Cops Who Killed a Man While Holding Him in a Hog-Tie Position Got Qualified Immunity. The Appeals Court Wasn't Having It.
Up for debate was whether or not it was "clearly established" that officers cannot apply injurious force to a subject who isn't resisting.
