The Senate Has Confirmed Amy Coney Barrett to the Supreme Court
All Democrats voted in opposition, making Barrett's confirmation the most partisan since Reconstruction.
Supreme Court
Amy Coney Barrett on Lochner and the 14th Amendment
The Supreme Court nominee weighs in on a famous case.
Gray Center Administrative Law Supreme Court Preview—Today
A Supreme Court Preview panel that focuses on administrative law.
Biden's Proposed Bipartisan Commission on Court Reform Could be a Hopeful Sign for Opponents of Court-Packing
The implications of this move are far from clear. But it could well be a step to avoid court-packing, rather than promote it.
Joe Biden Would Create a Bipartisan Commission To Figure Out Whether He Should Pack the Supreme Court
In a preview of an interview that will air Sunday, Biden says he'd pick "Democrats, Republicans, liberals, conservatives" to serve on the body, which would make broad recommendations for reforming federal courts.
Courts Should Check 'Majority Rule'
Democrats and Republicans agree on that point, although they disagree about what it means in practice.
What Should Have Happened at the Amy Coney Barrett Hearings
"This is probably not about persuading each other unless something really dramatic happens," said Sen. Lindsey Graham (R–S.C.)
Supreme Court Denies Request for Stay in Pennsylvania Election Dispute
The court split 4-4 in what could have been a major election decision.
SCOTUS Takes a Border Wall Case
Among today's cert grants were a case concerning the border wall and another on the Trump Administration's Migrant Protection Protocols
Amy Coney Barrett's Confirmation Hearings Were a Master Class in Political Posturing
Americans likely learned very little about her judicial philosophy.
A Qualified Defense of Supreme Court Confirmation Hearings
They have serious flaws, many of which are on display this week. But we are still better off with them than without them.
These 7th Circuit Decisions Suggest Amy Coney Barrett Takes a Constrained View of Qualified Immunity
In several cases, the Supreme Court nominee voted to allow civil rights lawsuits against officers accused of misconduct.
Judging From His Grilling of Amy Coney Barrett, Sen. Richard Durbin Thinks Voting Is More Important Than Staying Alive
The senator thinks people with felony records should lose the right to armed self-defense but not the right to cast a ballot.
Does Owning a Gun Make a Judge's Second Amendment Rulings Suspect?
If that standard were applied to other constitutional rights, no one would be left to enforce them.
Trump Can End Census Now, Says Supreme Court in Ruling That Could Have Big Impact on House Seats
Plus: DOJ sues over Melania Trump adviser's book, Justice Clarence Thomas wants to limit Section 230, and more....
An Argument Against Supreme Court Term-Limits
Would regular SCOTUS confirmations produce too much volatility in the case law? I am unconvinced.
Biden's Sudden Reticence on Court Packing Is Alarming
Although Democrats think the composition of the Supreme Court is a big election issue, their nominee won’t say what he plans to do about it.
If Amy Coney Barrett Has To Apologize for Saying Sexual 'Preference,' Does Joe Biden?
Sens. Mazie Hirono and Cory Booker both criticized the Supreme Court nominee for saying "preference" instead of "orientation."
No, Amy Coney Barrett Isn't Part of a 'Dark Money' Plot To Overturn Gay Marriage and Abortion
Such theories are not based in fact.
Defending Amy Coney Barrett, Ted Cruz Highlights the Threats That Democrats Pose to Civil Liberties
The Texas senator notes the opposing party's blind spots on freedom of speech and the right to arms.
Supreme Court to Consider Constitutionality of Administrative Patent Judges
The Court adds an important Appointments Clause case to the docket.
Supreme Court Denies Certiorari in Blumenthal v. Trump
Petitions for certiorari in the other two Emoluments Clause cases remain pending.
Senate Democrats Have Stopped Attacking Amy Coney Barrett's Faith for Now
Republicans understandably prepared for attacks on Barrett's faith which thankfully haven't materialized.
Democratic Warnings That Confirming Amy Coney Barrett Would Doom Obamacare Are Implausible and Confused
There is little reason to think Barrett would vote to overturn the Affordable Care Act, which in any case seems legally secure.
Coronavirus in Congress Won't Stop Barrett Confirmation Hearings, Which Start Today
Plus: $150,000+ in fines in NYC's first weekend of new shutdowns, California ballot-box confusion, and more...
Why Amy Coney Barrett is Unlikely to Have Any Meaningful Effect on the Future of the ACA
She's unlikely to cast a vote to strike down the law as a whole, and unlikely to have a decisive impact on its fate even if she does.
National Law Journal Symposium on Possible Questions for Judge Amy Coney Barrett's Confirmation Hearings
The National Law Journal asked several legal commentators to suggest questions for the president's Supreme Court nominee.
Supreme Court Won't Intervene (Yet) To Stop Abortion Pills From Being Prescribed Remotely
Plus: Trump says he plans to hold rallies despite lack of negative COVID-19 test, Biden won't answer question on court-packing, and more...
Kamala Harris Refused To Answer a Direct Question About Whether a Biden Administration Would Pack the Supreme Court
Two debates. Two dodges of an important question about the top court's future.
Originalism and Personal Jurisdiction
The original rules might not be found in the text.
Two Justices Really Want To Revisit Gay Marriage Ruling. Let's Not Panic, Please.
Clarence Thomas and Samuel Alito worry about the future of religious freedom. That’s not the same as a call to overturn the decision.
Environmental Law in the Roberts Court
The Supreme Court decides a decent number of environmental cases, but does not seem particularly interested in environmental concerns.
Amy Coney Barrett Will Be Better for Freedom Than Ruth Bader Ginsburg
When it comes to criminal justice and abortion, Barrett and Ginsburg may have far more in common than conservatives and progressives seem to realize.
Would Justice Barrett Be Required to Recuse in the Texas ACA Case?
Does participation in a moot court require recusal?
The ACA's Legislative Findings Do Not Constitute an "Inseverability Clause"
A core element of the latest case against the Affordable Care Act rests on a legal fiction.
Will the Senate Have a Quorum to Confirm Judge Barrett? (Updated)
As more senators test positive for COVID-19, the ability of the Senate to conduct business is threatened.
Climate Change (Kinda) Goes Back to the High Court
The Supreme Court accepted certiorari on a climate change case today.
Jo Jorgensen Is 'Fine' With Filling SCOTUS Vacancy Before Election
"If it were me, I would certainly put my nominee forth," Jorgensen says. Partisan bickering over the confirmation process is just "politics as usual."
How Judge Barrett Ruled in the Texas ACA Case (Updated)
Judge Amy Coney Barrett participated in a moot court of Texas v. California, and it did not go well for the challengers.
SCOTUS Could Use More Skeptics Like Amy Coney Barrett
The 7th Circuit judge’s track record suggests she would frequently be a friend of civil liberties.
Pitfalls of Statutory Term Limits for Supreme Court Justices
Supreme Court term limits are a good idea. But they must be enacted by constitutional amendment, not by statute.
The Lessons Americans Refuse To Learn From Trump's Tax Returns
Major-party politicians avoid tax simplification almost as aggressively as the rich avoid taxation, argue the Reason Roundtable panelists.
What Sort of Justice Should You Want on the Other Side?
Noah Feldman explains why liberals should want someone like Amy Coney Barrett on the Supreme Court
Amy Coney Barrett Condemns Purdue University's 'Fundamentally Unfair' Adjudication of Sexual Assault Claims
The opinion, which suggests a strong concern about due process, will nevertheless be cited as evidence of the SCOTUS nominee's "uniformly conservative" record.
