Supreme Court
Ketanji Brown Jackson To Become 104th Associate Justice Thursday At Noon
The Supreme Court announces when Judge Jackson will become Justice Jackson.
Abortion Rights Under the 9th and 14th Amendments
Understanding what Justice Alito got wrong in Dobbs v. Jackson Women’s Health Organization
Alabama Draws on Supreme Court's New Abortion Decision To Justify Trans Youth Treatment Ban
Alabama's attorney general argues such medical transitioning is not rooted in America’s history and therefore not constitutionally protected.
Stephen Breyer Officially Retires Tomorrow, Opening a Seat for Ketanji Brown Jackson
“My retirement from active service,” Breyer told the president, “will be effective on Thursday, June 30, 2022, at noon.”
Final Supreme Court Opinions Tomorrow, Followed by Justice Breyer's Retirement at Noon
There are only two argued cases left for decision -- the last two to be decided with Justice Breyer on the Court.
Maximalists Threaten a Federalist Compromise on Abortion
National legislation and extraterritorial application of state laws are inconsistent with the local leeway that the Constitution protects.
Alito's Junk History About Lochner
The conservative Supreme Court justice is wrong about economic liberty and the Constitution.
SCOTUS Rules That Doctors Who Write Prescriptions in Good Faith Can't Be Convicted of Drug Trafficking
The unanimous decision will rein in prosecutions that have long had a chilling effect on pain treatment.
The Supreme Court's Dobbs Decision Threatens Assisted Reproduction
IVF at "significant risk"
Supreme Court Says High School Coach's Postgame Prayers Are Protected Free Speech
A 6–3 majority sees it as noncoercive and not a violation of the Establishment Clause.
Justice Thomas (Still) Wants Supreme Court to Revisit "Actual Malice"
Justice Thomas reiterates his desire to revisit the contours of defamation law and New York Times v. Sullivan.
My Deseret News Article on Carson v. Makin
The article explains why the Supreme Court was right to hold that state voucher programs can’t discriminate against “sectarian” religious schools and addresses various objections.
Enforcing Abortion Bans Is Much Harder Than Winning in Court
There’s no painless way to restrict choices for people who resist.
Obamacare and SCOTUS, 10 Years Later
Even Obamacare's fiercest advocates say it has not lived up to its goals.
John Roberts and the Path SCOTUS Did Not Take on Abortion
Although the chief justice's incrementalism did not sway his colleagues, his observations about the meaning of a "right to choose" could be relevant in state legislatures.
Dobbs Won't End the Legal Battle Over Abortion
Liberals won't reconcile themselves to Dobbs, any more than conservatives accepted Roe v. Wade and Casey.
On Justice Thomas, Dobbs, Precedent, and Substantive Due Process
In his Dobbs concurrence, the senior associate justice reiterates his outlying views on precedent and his belief that all substantive due process decisions were "demonstrably erroneous."
Dobbs, Abortion, and Stare Decisis
Both majority and dissenting opinions include extensive discussions of stare decisis. But the truth is whether you think Roe v. Wade should have been preserved on that basis is heavily correlated with whether you think it was wrong in the first place.
Outside the Supreme Court, Our First Glimpse of Post-Roe Politics
A weird, messy protest reflects a weird, messy future.
SCOTUS Rejects 'Interest-Balancing' Tests That Treated the Second Amendment As a 'Constitutional Orphan'
The ruling against New York's carry permit policy is a rebuke to courts that routinely rubber-stamp gun restrictions.
Clarence Thomas Calls To 'Reconsider' Gay Marriage, Sodomy Rulings
The other justices declined to join him, but the future of the Supreme Court rulings on those matters remains unclear.
States Can't Ban Out-of-State Travel To Get Abortions, Writes Kavanaugh
He also nixes the idea that states could "retroactively impose liability or punishment for an abortion that occurred before today's decision takes effect."
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.
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.
