Originalism and the Result in Dobbs
Would the outcome in Dobbs put originalism in doubt?
Supreme Court
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.
The Firearms Policy Coalition Targets Texas S.B. 8
The gun rights group has filed a brief supporting the petition for certiorari in one of the cases challenging the controversial Texas abortion law.
The Supreme Court Deals a Major Blow to Qualified Immunity Reform
In two opinions issued Monday, the Court gave qualified immunity to several police officers accused of violating the Constitution.
What If the Supreme Court Corrected an Error and No One Noticed?
Adam Liptak reports on a Supreme Court typo that was quickly fixed, but lives on nonetheless.
Public Defenders vs. Gun Control
A Supreme Court decision against New York's gun control scheme would be a victory for both criminal justice reform and the Second Amendment.
Biden Supreme Court Commission Releases "Discussion Materials" on Court-Packing, Term Limits, and Other Issues
The preliminary reports are generally negative on court-packing, but favorable to term limits.
Justice Thomas Sets the Tone in New Oral Argument Format
And Justice Sotomayor suggests one reason for the new format is that male justices tended to interrupt female justices.
Overheated and Inaccurate Commentary on Courts and Climate
Demand Justice's Balls and Strikes provides more heat than light.
Without Roe v. Wade, Abortion Will Remain Legal in Most States
The experience with the Texas Heartbeat Act offers a preview of what that means.
Despite the Injunction Against the Texas Abortion Ban, Clinics That Resume Their Usual Services Could Face 'Crippling Liability'
S.B. 8 allows lawsuits against people who perform prohibited abortions even if they relied on a court's determination that the law is unconstitutional.
Could the Supreme Court Revive the Trump Administration's ACE Rule?
The D.C. Circuit rejected the Trump Administration's approach to regulating power plant emissions of greenhouse gases. Some states and industry groups want the Supreme Court to take a look.
Can a Federal Judge Stop State Courts From Hearing the Lawsuits Authorized by the Texas Abortion Ban?
In a prior case challenging the law, the 5th Circuit said state judges were not appropriate defendants.
A Cop Killed a Suicidal Man and Got Qualified Immunity. Justice Sotomayor Isn't Happy About It.
Qualified immunity "does not protect an officer who inflicts deadly force on a person who is only a threat to himself."
Supreme Court Declines To Hear Louisiana's Defense of a Law That Stamped 'SEX OFFENDER' on Driver's Licenses
The policy imposed an additional form of ritual humiliation on a reviled category of people without any plausible public-safety justification.
SCOTUS, Under Fire From Left and Right, Is Back in Session With Guns and Abortion on the Docket
The justices robe up for another term.
Does the Supreme Court's Declining Popularity Matter?
It could make the Court more vulnerable to political attack and to measures such as court-packing. But the vulnerability might not be great - or last long.
If a Justice Defends the Court But Nobody Can Hear It, Does It Make a Sound?
Justices complain about how their work is misrepresented, but then do not make the text or audio of their remarks available to the public.
