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.
Supreme Court
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."
Georgia Cops Rummaged Through Student-Athletes' Luggage in a Fruitless Search for 'a Little Bit of Marijuana'
When did the K-9 arrive? And what was the probable cause for the search?
What Happens if States Ban Out-of-State Travel for Abortion?
Anti-abortion interstate travel bans would have multiple constitutional defects.
Text and History for Thee but Not for Me?
The Court makes other people follow the text and history, but at least when it comes to certiorari, the justices lose their religion.
The Failed Senate Abortion Bill Went Far Beyond Preserving Current Rights
Without citing any constitutional authority to dictate state abortion policies, the bill would have overridden regulations that have been upheld or have yet to be tested.
The End of Roe Heralds the Rise of Pro-Abortion, Big Government Policies
Liberal states don't want to treat abortion as a personal, private choice either. Instead, blue state policy makers want to spend tax dollars subsidizing and promoting it.
In Defense of Roe
The last 50 years have been marked by a remarkably stable social consensus balancing the rights of women and fetuses. Let's not throw that away.
The Supreme Court's Olmstead Power Grab
Olmstead isn't just a wiretapping case; it's where the Court took the power to preselect questions.
Public Opinion About Abortion Is Complex and Sometimes Confused
Americans cannot be neatly divided into two sides, and they do not necessarily understand the implications of Roe v. Wade.
There Is a Reason Why Roe v. Wade's Defenders Focus on Its Results Rather Than Its Logic
The abortion precedent has faced withering criticism, including damning appraisals by pro-choice legal scholars, for half a century.
A Brief History of Certiorari, Error, and Appeal
No matter how the case got there, the Court had to decide the whole thing.
Alito, Abortion, and Autonomy
Plus: ruminations on public health, misinformation, and media literacy
Is Abortion a Constitutional Right? Josh Blackman on Alito's Draft
The constitutional scholar on abortion, Sam Alito, and the future of federalism
What the Leaked Abortion Opinion Gets Wrong About the Founding Era
Understanding state regulatory powers at the time of the founding.
Samuel Alito Thinks It's Obviously Absurd To Suggest That Drug Prohibition Violates the Constitution
The justice overlooks the long American tradition of pharmacological freedom and the dubious constitutional basis for federal bans.
Reversing Roe v. Wade Wouldn't be the First Time the Supreme Court Gutted Precedents that Protect Individual Rights - Far From it
That fact doesn't necessarily justify overruling Roe. Depending on how it's viewed, the history of such reversals may even counsel against further such moves.
Josh Blackman: Sam Alito, Roe v. Wade, and Libertarians
Does returning decisions about abortion to the states increase liberty or shrink it?
Do Americans Who Support Roe v. Wade Understand Its Implications?
Although recent polls show a majority thinks the abortion precedent should be preserved, some respondents seem confused about what that would mean.
The Impact of Overturning Roe v. Wade Will Be Less Dramatic Than Abortion-Rights Advocates Fear
Abortion is likely to remain legal in most states, and workarounds will mitigate the effects of bans.
Don't Prosecute the Supreme Court Leaker
If the leaker's identity is ever revealed, he or she will face serious professional and reputational sanctions. There's no need to wish for criminal punishments too.
Will a Conservative Supreme Court Turn on Gay Rights After Dismantling Roe? Be a Skeptic
Gorsuch just penned an important pro-LGBT decision two years ago. Americans are largely not interested in relitigating this issue.
What the Leaked Abortion Opinion Gets Wrong About Unenumerated Rights
The Constitution protects many more rights than it mentions.
Leaked Abortion Opinion 'Is Authentic,' Confirms Supreme Court
But the leaked opinion is not “the final position of any member on the issues in the case.”
The End of Roe? Everything You Need To Know About the Leaked Supreme Court Draft Opinion
Plus: Boston rebuked for rejecting Christian flag, Google will remove more personal information, and more...
Supreme Court Rules Boston Was Wrong To Bar Christian Flag From City Hall
The justices unanimously agree that the city was not endorsing the flags, and that therefore it couldn’t exclude religious organizations.
