SCOTUS Says State Judges and Court Clerks Can't Be Sued To Block Enforcement of the Texas Abortion Ban
The Court allowed claims against health care regulators to proceed, but that will not prevent the private civil actions authorized by the law.
Supreme Court
A Murky Decision in the Texas SB 8 Case
The Court rules that the lawsuit against SB 8 can proceed by targeting state licensing officials. But the implications for future cases are far from completely clear.
Breaking: Supreme Court Allows Slim Pathway to Challenge Texas S.B. 8
The private litigation against some defendants may proceed, but the federal lawsuit is gone.
School Choice Returns to the Supreme Court
The justices heard oral arguments this week in Carson v. Makin.
Ohio Prosecuted a Taxidermist for Asking an Inspector to Come Back Later
Regulators insist Fourth Amendment protections don’t apply to administrative searches.
Biden Supreme Court Commission Issues Final Report
The report doesn't endorse court-packing or term limits. But it's generally more favorable to the latter than the former. It also provides valuable overview of a wide range of SCOTUS-related issues.
A New Opportunity for the Government To Screw Up Abortion Law
Plus: A reminder to Bill de Blasio of what "incentive" really means
The Laissez Faire Origins of the Supreme Court's Abortion Precedents
“All of those…just come out of Lochner.”
Without Promising Alternatives to the 'Viability' Rule, the Supreme Court Seems Inclined to Ditch Its Abortion Precedents
The justices may find it difficult to uphold Mississippi's abortion ban without overturning Roe v. Wade.
Abortion, Marbury v. Madison, and What's "Written in the Constitution"
The oft-heard argument that something isn't "written in the Constitution" is not as compelling as it might seem. Sometimes, it's outright false.
Can SCOTUS Draw a New Line on Abortion?
The "viability" rule is arbitrary. So are the alternatives.
Justice Kavanaugh Asks FDA to Respond to Breeze Smoke Emergency Stay Application
Vaping regulation gets some attention on the Shadow Docket
Why the 14th Amendment Does Not Prohibit Abortion
The argument made by Finnis, George, Hammer and others, that abortion is unconstitutional is not supported by text or history.
Vaping in the Shadow Docket
An electronic cigarette manufacturer seeks a stay of FDA action from the Supreme Court.
Supreme Court's First Opinion in an Argued Case Resolves Water Dispute Between Mississippi and Tennessee
The Chief Justice has assumed the late Justice Ruth Bader Ginsburg's role as the fastest opinion writer.
The Rarity of November Decisions in Argued Cases
In recent years, the Supreme Court has rarely issued opinions in argued cases, and they were almost always written by RBG.
A (Belated) Final Word on Principles and Texas SB 8
A delayed, but hopefully still helpful final rejoinder to Stephen Sachs.
Originalism and the Result in Dobbs
Would the outcome in Dobbs put originalism in doubt?
SCOTUS Has Made It Practically Impossible To Sue a Rights-Violating Federal Officer
A new case asks whether a Border Patrol agent may be sued for alleged First and Fourth Amendment violations.
Symposium on my Book, "Repugnant Laws"
Symposium issue in Constitutional Commentary now publicly accessible
New York Treats a Second Amendment Right As a Crime
The Supreme Court should reject a law that bars ordinary people from carrying guns for self-defense.
More on SB 8, Reasons, and Limiting Principles - A Rejoinder to Stephen Sachs
The slippery slope risks created by upholding SB 8 threaten a vital constitutional principle - one far more important than any considerations on the other side. That is sufficient reason to rule against Texas in this case.
Cops Arrested Her for Exercising Her First Amendment Rights. They Got Qualified Immunity—but the Appeals Court Wasn't Having It.
"This is not just an obvious constitutional infringement—it's hard to imagine a more textbook violation of the First Amendment."
Supreme Court Seems Poised To Rule Against New York Gun Law
A majority of the Court voiced skepticism about the state’s conceal-carry licensing scheme.
The Texas Abortion Ban Is a Roadmap to Privatized Oppression
Even justices who take a dim view of Roe v. Wade recognize the law’s chilling implications.
Limiting Principles and the Texas SB 8 Case - Why Texas' Law is a Greater Slippery Slope Menace than a Ruling Against it Would be
If Texas' SB 8 subterfuge works, it would be a dangerous road map for attacking other constitutional rights. The slippery slope risks on the other side are minor by comparison.
Abortion Providers Seem Likely to Prevail in Texas SB 8 Case
Today's Supreme Court oral argument suggests they will get the votes of six or more justices. If so, it will be a crucial victory for judicial protection of all constitutional rights, not just abortion rights.
The Supreme Court Declines To Determine if You Have a First Amendment Right To Film the Police
Denver cops received qualified immunity after performing a warrantless search of a man’s tablet and trying to delete a video he took of them beating a suspect.
Kavanaugh Highlights Texas Abortion Law's Threat to 'Second Amendment Rights, Free Exercise of Religion Rights, Free Speech Rights'
The justice grilled a Texas official over the implications of his state’s abortion law.
Supreme Court Rebuffs Attempt To Open Up Access to Classified FISA Court Reports
Do Americans have a right to know the extent that the government surveils them?
The Firearms Policy Coalition Offers a Simple Way to Resolve the Texas SB 8 Case
The Firearms Policy Coalition amicus brief offers a simple and effective way to neuter the threat to judicial review posed by SB 8.
Which Genie Will the Supreme Court Let Out of the Bottle?
However the Supreme Court handles the S.B. 8 litigation, it may unleash mischief in other policy areas.
The Firearms Policy Coalition Targets S.B. 8 on the Merits
An amicus brief in Whole Women's Health v. Jackson warns of how S.B. 8's structure could be used to target other constitutional rights.
Supreme Court Agrees to Hear Case Challenging EPA Authority to Regulate Greenhouse Gases (Updated)
A surprising grant of certiorari places a high-stakes regulatory case on the Court's docket, with profound implications for EPA authority to regulate greenhouse gases.
Last Month's Drop in Texas Abortions Was Far Smaller Than Supporters of the State's Ban Claimed
The actual number of abortions that S.B. 8 prevented by the end of September may be closer to 500 than 3,000.
Oklahoma Botches Another Execution
John Marion Grant convulsed and vomited as he was put to death.
A Study of What Police Know About Court Decisions Exposes 'Qualified Immunity's Boldest Lie'
The Supreme Court's notion of "fair notice," which it says requires blocking many civil rights lawsuits, is based on a demonstrably false assumption.
Popular Progressive Policies Helped Ruin Venezuela. They Won't Work Here Either.
The idea that massive government spending, hate speech laws, and gun control will improve America—when they failed horribly elsewhere—is a dangerous myth.
Why Martin Luther King Couldn't Get a Carry Permit
Several groups urging the Supreme Court to overturn New York’s virtual ban on bearing arms emphasize the policy’s racist roots and racially disproportionate impact.
Democrats' Proposed 'Billionaire Tax' Is Definitely a Wealth Tax, and It May Be Unconstitutional
Imposing a wealth tax may not even be among the enumerated powers of Congress.
Supreme Court Agrees to Fast Track Review of Texas Abortion Law
The justices will hear United States v. Texas and Whole Woman’s Health v. Jackson on November 1.
Supreme Court Grants Certiorari in Texas S.B. 8 Cases (Updated)
The Court will hear oral argument in the two cases on November 1.
Gun Rights Activists Join Abortion Rights Activists To Fight Texas Abortion Law
The Texas law “could just as easily be used by other States to restrict First or Second Amendment rights,” the Firearms Policy Coalition tells SCOTUS.
