The New Roberts Court Releases Its First Opinions in Argued Cases
The Supreme Court issued several opinions this morning, displaying a great deal of unanimty.
Supreme Court
Is Same-Sex Marriage Secure?
Will a rightward shift on the bench would result in the reversal of Obergefell? Probably not.
Additional Filings in and Additional Thoughts on the Texas Election Suit
Donald Trump, 17 State Attorneys General, and a bunch of Republican former office holders submit briefs to the Supreme Court.
Originalism and Personal Jurisdiction: Some Hard Questions
What original principles would say about this term's big case.
Trump's Judicial Humiliation Is Nearly Complete
The president and his allies keep losing election cases.
SCOTUS Full of Trump Appointees Joins the Conspiracy To Deny Trump His Rightful Victory
The justices declined to intervene on behalf of Republicans who challenged absentee voting in Pennsylvania.
Why Rep. Mike Kelly's Challenge to Pennsylvania's Election Results Is Going Nowhere (UPDATE: It Went Nowhere)
Pennsylvania's response to Rep. Kelly's effort to invalidate Pennsylvania's election results.
Texas Is Attempting to Sue Georgia, Michigan, Pennsylvania, and Wisconsin Over the 2020 Election
Embattled Attorney General Ken Paxton is the latest to ask the Supreme Court to intervene in the 2020 Presidential election results.
California Churches Stuck in Limbo After Supreme Court Decision
Plus: Congress to vote today on marijuana decriminalization, new study shows bad news for indoor diners, and more...
Review of Ilya Shapiro's "Supreme Disorder"
One Ilya reviews a book written by another. Hopefully, this won't exacerbate #IlyaConfusion!
This Forfeiture Victim Waited 2 Years Without a Hearing. Is That Due Process?
The Institute for Justice wants the Supreme Court to rule that the Fifth Amendment requires a prompt post-seizure hearing.
Disarmed but Not Dangerous
A challenge to the federal ban on gun possession by people convicted of felonies gives SCOTUS a chance to rectify its neglect of the Second Amendment.
Second Amendment Litigants Hope To Try Their Luck With Amy Coney Barrett
The Second Amendment Foundation files a flurry of lawsuits in November, with three aiming at laws restricting public carry.
This Woman Permanently Lost Her Second Amendment Rights Because She Lied on Her Taxes
Is this the Supreme Court’s next big gun rights case?
Supreme Court Considers Whether Trump Can Block Immigrants From Census Counts
Plus: Pennsylvania rejects mail-in vote challenge, Facebook begs for regulation, and more...
Paul Krugman Thinks Holding Religious Services During the COVID-19 Pandemic Is Like 'Dumping Neurotoxins Into Public Reservoirs'
The New York Times columnist misconstrues the issues at stake in the challenge to New York's restrictions on houses of worship.
Cops Who Beat and Killed an Innocent Man Are Not Entitled to Qualified Immunity, Appeals Court Rules. But the Cops Who Watched Are.
The legal doctrine provides rogue government agents cushy protections not available to the little guy.
SCOTUS Postpones Argument Over Mueller Grand Jury Materials
This is one of several cases that could become moot within weeks.
Prison Guards Who Forced Naked Inmate To Sleep in Sewage and Urine Were Given Qualified Immunity. SCOTUS Disagreed.
The legal doctrine is a free pass for rampant government abuse.
Cuomo's COVID-19 Rules Discriminate Against Religion
The case gives SCOTUS another chance to enforce constitutional limits on disease control measures.
House Judiciary Committtee Asks Supreme Court to Delay Arguments in Case Seeking Grand Jury Materials
The prospects of a new Congress and a new Administration justifies delaying the case.
The Supreme Court Won't Save Trump
The president’s increasingly desperate legal filings won’t change the ultimate result of the 2020 election.
Alito Rightly Slams Five Democratic Senators for 'Bullying' the Supreme Court
The senators warned that the Court might have to be "restructured" if it did not reach the conclusion they preferred in a Second Amendment case.
Justice Samuel Alito Highlights the Legal Issues Raised by 'Previously Unimaginable' COVID-19 Restrictions
When "fundamental rights are restricted" during an emergency, he says, the courts "cannot close their eyes."
Thoughts on Today's Oral Argument in California v. Texas—the Obamacare Severability Case
It is not clear how the Court will ultimately resolve the case. But it is obvious that a majority of justices oppose invalidating the entire Affordable Care Act.
The Supreme Court's Latest Obamacare Case Is a Massive Troll of Chief Justice Roberts
Democratic warnings that Amy Coney Barrett would threaten Obamacare were predictably overblown.
Live Blogging California v. Texas (Updated)
High points and low points of today's oral argument in the latest Affordable Care Act case. (Updated with some summary conclusions.)
On the Eve of Argument in California v. Texas
Some things to listen for when the Supreme Court hears oral argument in the latest Affordable Care Act case.
Standing to Challenge the Individual Mandate
Plaintiffs may have had standing in NFIB v. Sebelius, but they don't in California v. Texas.
SCOTUS Considers Whether James King Has Any Recourse Against the Cops Who Choked and Beat Him for No Good Reason
According to the government, a law aimed at helping victims like King prevents him from holding his assailants accountable.
SCOTUS Adds Another Appointments Clause Case to the Docket
When must claimants raise appointments-clause challenges?
Supreme Court Hears Arguments Over Whether Religious Agencies Can Reject Gay Foster Parents
New Justice Amy Coney Barrett expresses concerns about wider implications of antidiscrimination policies.
Trump Says 'We'll Be Going to the Supreme Court' Over Election Results
The legal fight over mail-in ballots may soon heat up at SCOTUS.
'Zero Accountability' for Cops Who Choked and Beat an Innocent Man
The federal government wants the Supreme Court to rule that the victim has no recourse.
Supreme Court Rejects Qualified Immunity Defense for the First Time in Years
The case doesn't make any change in legal doctrine. But it may be intended to send a message to lower courts.
Welcome to the New Roberts Court
How different will the newly constituted Court be from what has come before?
Why this Religious Freedom Case is Different From the Others [updated with an important qualification]
In Fulton v. City of Philadelphia, a key case currently before the Supreme Court, there is a strong reason to rule for the government that doesn't apply in most other religious-liberty disputes.
Why isn't Court-Packing Unconstitutional?
It is easy for originalists to reject challenges to court-packing; but the non-originalist arguments should be spelled out
Why Biden is a Lesser Evil than Trump
Both candidates have serious flaws. But a Trump victory would be a much greater evil than the alternative.
Motion for Justice Barrett to Recuse Is Withdrawn
Attorneys for Luzerne County are no longer asking the newest justice to recuse from Pennsylvania election litigation.
Supreme Court Ruling Means We Probably Won't Know Who Won Pennsylvania Until Days After Election
And maybe a lot longer, since the Supreme Court left the door open to re-hearing a Republican-led challenge seeking to discard late-arriving absentee ballots.
Invoking Scalia, Sotomayor Presses for Broad Fourth Amendment Protections
The Supreme Court weighs police shootings and unreasonable seizures in Torres v. Madrid.
Motion to Recuse Justice Barrett Filed, But County Wants It Withdrawn
The motion was submitted on behalf of the Luzerne County Board of Elections but Luzerne County has voted to have the motion withdrawn.
Does the Supreme Court Need Fixing? If So, Why and How?
Decisions that progressives don't like are not necessarily a sign that something has gone horribly wrong.
Think This Election Will End Up in Front of the Supreme Court? It's Already There.
Plus: Fewer Americans are watching sports, Milton Friedman's powerful TV series turns 40, Amy Coney Barrett joins the Supreme Court, and more...
Should Justice Barrett Recuse from 2020 Election Litigation? (Updated)
There's no precedent for a recusal, but there's also no precedent for the current situation.
Supreme Court Affirms Stay of District Court Injunction Against Wisconsin Election Law
This time, the justices explain themselves.
