Supreme Court Rejects Opportunity to Reconsider Penn Central
Justice Thomas dissented from denial of certiorari by himself to urge a revamp of Takings Clause jurisprudence.
Supreme Court
Indiana Senate Passes Bill To Let Government Steal Stuff From People Suspected of 'Unlawful Assembly'
Vague laws are typically vague for a reason.
5th Circuit Grants Qualified Immunity to Cops Who Ignited a Suicidal, Gasoline-Drenched Man by Tasing Him
The appeals court concluded that the officers' use of force was reasonable in the circumstances.
This Cop Wants Qualified Immunity for Fatally Shooting a Passenger in a Fleeing Vehicle
The unfolding legal saga of City of Hayward v. Stoddard-Nunez
Larry Flynt Made the World Freer for Everybody by Pushing Boundaries
Abrasive, tasteless, and uncompromising, Flynt undoubtedly made the world safer for speech of all varieties.
Sotomayor Invokes Scalia on Fourth Amendment Protections
Does the Fourth Amendment right to be free from unreasonable seizures include the right to be free from an unreasonable attempted seizure?
SCOTUS Refuses to Let Alabama Execute Willie Smith Without His Pastor Present (Without Noting Who Cast the Fifth Vote)
With Justice Barrett joining Justice Kagan, does Dunn v. Smith represent a shift on the Court?
Video of Committee for Justice Panel on Court-Packing and Judicial Reform
The panelists included Joshua Braver (University of Wisconsin), Tom Jipping (Heritage Foundation), and myself.
Ninth Circuit Denies Petition for En Banc Rehearing in Kids Climate Case
The plaintiffs in Juliana v. United States may now file a petition for certiorari. They should be careful what they wish for.
Biden Administration Reverses DOJ Position in Texas ACA Case
The Department of Justice is now willing to defend the constitutionality of the Affordable Care Act and the severability of the penalty-less mandate.
Justice Barrett's First Opinion as a Justice
The newest justice makes her debut in a brief concurrence on the shadow docket.
The Risks to the ACA of a Standing Decision in California v. Texas Are Overstated (Updated)
If the Supreme Court opts to dismiss the latest challenge to the Affordable Care Act on standing grounds, this will not leave the ACA particularly vulnerable to future challenge.
SCOTUS To Decide if Cops Need More 'Elbow Room' To Conduct Certain Warrantless Home Searches
A new case tests the limits of the “community caretaking exception” to the Fourth Amendment.
Florida Gov. Ron DeSantis Wants $100,000 Fines for Social Media Companies That Deplatform Politicians
It’s a terrible idea that violates Section 230, but is it actually unconstitutional? Don’t be so sure.
The Supreme Court's Next Big Free Speech Showdown
May public schools punish students for off-campus social media posts?
Biden's Judicial Reform Commission and the Future of Court-Packing
What we know of the planned commission's membership makes it unlikely it will recommend court-packing. But that doesn't mean the issue will simply go away.
Changing Litigating Positions at the Solicitor General's Office
An interesting question of institutional norms
Biden Just Used a 'Far Right' SCOTUS Ruling To Oust a Trump Appointee
The new president availed himself of Seila Law v. Consumer Financial Protection Bureau.
What Amy Coney Barrett Got Wrong About Lochner
Justice Barrett should revisit her views on this wrongly maligned case.
Trump Administration Puts 13th Prisoner to Death as Justice Sotomayor Blasts 'Breakneck Timetable of Executions'
The Department of Justice rushes to prevent mercy before a new administration can take over.
Supreme Court Ends Pandemic Permission To Prescribe Abortion Pills Remotely
Plus: Amazon responds to Parler lawsuit, Trump's execution spree continues, a bad ruling on safe injection houses, and more...
A Libertarian Judge Champions Privacy Rights Against Warrantless Police Searches
Justice Clint Bolick dissents in Arizona v. Mixton.
Trump Never Bothered To Hide His Contempt for the Constitution
Trump deserves to be remembered for what his words and actions have shown him to be.
Biden's Judicial Picks Should Include Lawyers Who Battled the Government in Court
The incoming president can bring some much-needed professional diversity to the federal bench.
Pro-Trump Lawyer Tries To Implicate Chief Justice John Roberts in Murder and Pedophilia
Lin Wood's bizarre charges give you a sense of the advisers Trump is consulting as he continues to insist that he won the presidential election.
The Trouble With John Roberts' Brand of Legal Conservatism
Is the chief justice just a politician in robes?
Angry at the Failure of His Election Challenges, Trump Calls His Own SCOTUS Nominees Cowardly and Incompetent
Trump thinks the judiciary cannot be trusted to reveal the massive fraud that he says denied him a second term.
A 14th Amendment Case That Deserves the Supreme Court's Attention
It's time to breathe some life back into the Privileges or Immunities Clause.
Trump Must Actually Exclude Undocumented Immigrants From the Census Before He Can Be Sued for Doing That, SCOTUS Rules
The Supreme Court dismissed a challenge to Trump's plans for being "premature" until the administration actually does what it says it plans to do.
SCOTUS Declines To Let Kentucky Religious Schools Reopen Without Addressing the Constitutionality of Closing Them
The justices emphasized that K-12 schools are currently scheduled to reopen after winter break.
A Fourth Amendment Mistake the Supreme Court Should Fix
Don’t expand the “hot pursuit” exception to the Fourth Amendment.
"Taking Carbon to Court"—Massachusetts v. EPA and The Rule of Five
A review of Richard Lazarus' chronicle of the Massachusetts v. EPA litigation in The New Atlantis.
Trump's Election Conspiracy Theory Requires Followers To Join Him in an Alternate Universe
Given the conspicuous lack of credible evidence, the president's charges can be accepted only as a matter of faith.
Conservative Judges Chose Legal Principles Over Partisanship and Trump—But We Shouldn't Take that for Granted
Conservative judges have stymied Trump in his election challenges - and many other cases where his positions went against their legal principles. But a populist/nationalist GOP could gradually change the nature of conservative jurisprudence.
A Trump Appointee Rejects Election Complaints Similar to the Ones SCOTUS Declined to Hear
Although the president says the justices "chickened out," other courts have considered and rejected the merits of his legal arguments.
Supreme Court Rejects Another Texas Suit under Its Original Jurisdiction, This Time about Water
A 7-1 Supreme Court rejected Texas's claims against New Mexico
Ted Cruz's Eagerness To Fight Trump's Legal Battles Epitomizes the GOP's Complete Lack of Principles
By his own account, the Texas senator is committed to defending a dishonest, amoral, narcissistic bully.
Trump Lost Because SCOTUS Answers to the Constitution, Not to Him
Trump’s judicial humiliation is now complete.
The Supreme Court Just Dismissed Trump's Hail Mary Effort To Overturn the Election
With Friday's ruling from the Supreme Court, the result of this year's presidential election is clear. Joe Biden won. It is over.
Thoughts on the Supreme Court's Unanimous Rejection of the Texas Election Lawsuit
The Court made the right decision and demonstrated its independence. But it may not still claims that the election was somehow stolen from Trump.
Supreme Court Unanimously Denies Texas Emergency Relief, Refuses to Grant Motion for Leave to File (Updated)
The Supreme Court, 7-2, voted to deny Texas AG Paxton's motion for leave to file its election complaint. Justices Alito and Thomas would grant Motion for Leave, but provide no other relief.
Texas AG Files Reply Briefs in Last Ditch Effort to Upend Election Result
If you thought the briefing in Texas v. Pennsylvania could not get worse, you are in for a surprise.
The House Freedom Caucus Just Trashed What Little Credibility It Had Left
More than 100 members of Congress signed a petition asking the U.S. Supreme Court to overturn the presidential election, including several prominent members of the group founded to protect "the rule of law."
Pennsylvania, Georgia, Michigan, and Wisconsin Defend Their Authority to Select Presidential Electors
The four defendant states in Texas v. Pennsylvania file their briefs in opposition.
Trump's Lawyers Claim the Conspiracy To Steal the Election Is Both 'Easily Provable' and Impossible to Prove
Seeking to join a last-ditch effort to overturn Joe Biden's victory, the president's attorney says "it is not necessary...to prove that fraud occurred."
Are Some of the State Attorneys General Supporting the Texas Election Suit Getting Cold Feet? [UPDATED in Light of Ohio Filing]
17 states submitted a brief supporting Texas Attorney General Ken Paxton's effort to prevent the selection of electors in four states, but only 6 joined today's motion to intervene. [Update: Meanwhile, Ohio files a brief that's worth reading.]
Conservative Lawmakers and Legal Scholars Denounce Texas Election Suit as 'a Mockery of Federalism and Separation of Powers'
The Constitution “plainly makes the appointment of electors a state-by-state matter.”
