A 93-Year-Old Woman Couldn't Pay Her $2,300 Tax Bill. The Government Sold Her Home and Kept the Money.
"This is very bad for property rights."
Supreme Court
Should Ketanji Brown Jackson Recuse in Harvard Admissions Case?
Does her position on Harvard University's Board of Overseers require or counsel her recusal once she is confirmed?
Enforcing Abortion Bans Is Much Harder Than Passing Them
The experience in Texas shows that workarounds pose daunting obstacles to such laws.
Amar and Amar on Independent State Legislatures
forthcoming in the Supreme Court Review
He Spent an Extra Two Years in Prison Because He Could Not Find a Place Where He Was Legally Allowed To Live
New York's residence restrictions for sex offenders raise the question of how irrational a policy must be to fail "rational basis" review.
If Biden Is Serious About Ending the Death Penalty, He Should Start Commuting Sentences
A Supreme Court ruling restoring Dzhokhar Tsarnaev’s capital sentence and a congressional logjam makes it clear that only he can keep his campaign promise.
Justice Thomas (Again) Urges Reconsideration of the Scope of Section 230
In a statement respecting the denial of certiorari, Justice Thomas suggested some courts are adopting an overly expansive interpretation of the immunity conferred by Section 230.
Justices Spar Over How to Interpret the Armed Career Criminal Act
In Wooden v. United States, the justices were unanimous in the judgment, but expressed disagreement over the role of statutory history and the rule of lenity.
Do Circuit Courts Have "Supervisory Power" Over District Courts?
An interesting concurrence to one of today's Supreme Court decisions.
How the Government Keeps 'Indian' Children From Loving Homes
The broken foster system for Native American kids is finally up for Supreme Court scrutiny.
Supreme Court Rules the CIA Can Keep Mouths Shut About Its Post-9/11 Torture Black Sites
All of this is a transparent effort to stop lawsuits from those who have been tortured.
A Federal Agent Allegedly Violated the Constitution. SCOTUS Will Decide If He Can Be Sued for It.
The justices heard oral arguments this week in Egbert v. Boule.
SCOTUS Allows State Attorney General to Intervene when Governor Stops Defending State Law
As Justice Breyer suggested last week, Kentucky Attorney General Daniel Cameron will be allowed to defend the state's controversial abortion law.
Supreme Court Splinters Over State Secrets Privilege
Justice Breyer delivers the opinion for the Court in a heavily fractured opinion in U.S. v. Zubaydah.
How SCOTUS Protects Bad Federal Officers
When bed-and-breakfast owner Robert Boule asked Border Patrol agents, who were questioning a guest, to leave his property, an agent pushed him to the ground.
UC Hastings Law Students Silence Conservative Speaker, Demand Anti-Racism Training
"It's too bad that a heckler's veto prevailed here," says Ilya Shapiro.
Ketanji Brown Jackson on Race and Judging
At her confirmation hearing for her current position on the court of appeals, KBJ testified that "race would be the kind of thing that would be inappropriate to inject in my evaluation of a case."
Several Justices Seem Dismayed at the Idea That Doctors Can Be Accidentally Guilty of Drug Trafficking
The Supreme Court is considering what standard should apply to prescribers accused of violating the Controlled Substances Act.
When Ketanji Brown Jackson Represented the Cato Institute
President Biden's Supreme Court nominee was counsel of record for a Cato Institute brief in a case challenging the detention of alleged enemy combatants.
SCOTUS Needs to Clarify the Line Between Doctors and Drug Dealers
Patients suffer when physicians who prescribe opioids in good faith can face decades in prison.
Supreme Court Digs into Statutory Details More than Standing or Nondelegation in West Virginia v. EPA
At today's oral argument, the justices explored Section 111 of the Clean Air Act, the major questions doctrine, justiciability and the regulation of advertising for four-foot cigars smoked through hookahs.
Biden Nominates Ketanji Brown Jackson to the Supreme Court
The SCOTUS pick has shown admirable judgment in criminal justice cases.
Justice Ketanji Brown Jackson (Updated)
News reports indicate President Biden has made his choice to replace Justice Stephen Breyer
Secret Surveillance Warrants Remain Secret
In November, the Supreme Court declined to consider an ACLU petition arguing that the public has a First Amendment right to see the Foreign Intelligence Surveillance Court's classified decisions.
Climate Change Returns to the Supreme Court: Previewing West Virginia v. EPA (Updated)
The most important environmental case of the 2021-22 term will be heard next week.
Did Justice Breyer Reveal How the Supreme Court Will Decide a Pending Case?
A comment made by Justice Breyer at oral argument seems to indicate how the Court will decide Cameron v. EMW Women’s Surgical Center.
Book: Judge Jackson Said She "Do[esn't] Understand" Justice Thomas
ABCNews unearths an interesting interview with Ketanji Brown Jackson about Justice Clarence Thomas
Can a Web Designer Be Forced To Make Gay Wedding Pages? The Supreme Court Will Decide
Will this follow-up to the famous wedding cake case finally decide if this is mandated speech violating the First Amendment?
Stephen Breyer Makes the Liberal Case Against Court Packing
"Think long and hard," Breyer warns would-be court packers, "before embodying those changes in law."
Standing in West Virginia v. EPA Revisited
Why the arguments the Supreme Court lacks jurisdiction to hear the latest climate change case likely lack merit.
Rights and Wrongs of Replacing Traditional Affirmative Action with Preferences for Descendants of Slaves
This approach would avoid many of the flaws of traditional racial preferences. But it has some downsides of its own.
Assessing the State of the Struggle to Reform Qualified Immunity
The Institute for Justice offers a generally pessimistic appraisal of the situation under state law, but some optimism about prospects in the Supreme Court.
The Potential Biden SCOTUS Pick Who Is No Friend to Criminal Justice Reform
Civil libertarians have reason to be wary of Judge J. Michelle Childs.
The Supreme Court's Alabama Redistricting Ruling Looks Like a Holding Pattern, Not a Power Grab
Contrary to some of the more breathless reactions, it doesn't suggest a conspiracy to help Republicans win elections by disenfranchising black voters.
Neil Siegel on "The Trouble With Court-Packing"
The Duke law professor posts an important and insightful article on this subject.
Will Biden's Supreme Court Nominee Need Republican Votes to Get Confirmed?
Supreme Court confirmation votes have become increasingly partisan. Will this create a problem in a 50-50 Senate?
Member of #TeamJackson Allegedly Edited Wikipedia Bios of Potential Supreme Court Nominees
A former clerk to Judge Ketanji Brown Jackson is accused of burnishing her Wiki bio, while sabotaging those of other contenders to replace Justice Breyer.
Should a Christian Group Be Allowed To Fly a Flag Outside Boston City Hall?
The Supreme Court will soon decide a case that tests the limits of expression on government property and religious toleration.
Judge Ketanji Brown Jackson's First Circuit Court Opinion
A unanimous panel rejects a Trump Administration change to rules on collective bargaining for government workers.
The Supreme Court Fight We Should Be Having
There are more productive things to argue about than identify politics.
Does the Supreme Court Have Jurisdiction to Hear West Virginia v. EPA?
The Solicitor General and NGO respondents argue that the petitioners lack appellate standing to challenge the D.C. Circuit's interpretation of the Section 111 of the Clean Air Act.
The EPA Has Spent 15 Years Blocking This Couple From Building a Home. Will the Supreme Court Come to the Rescue?
Michael and Chantell Sackett say they shouldn't have to spend years—and hundreds of thousands of dollars—just getting permission to build on their suburban lot.
Georgetown Suspends Ilya Shapiro, Student Protesters Demand Place to Cry
More than 100 law professors agree that "academic freedom protects Shapiro's views."
The Media's Censorial Freakout Over Joe Rogan
Plus, Supreme Court nominations and affirmative action in schools
A Border Patrol Agent Assaulted Him and Violated His First Amendment Rights. He May Never Get To Sue.
It is almost impossible to hold a rogue federal officer accountable. The Supreme Court may make it even harder.
Georgetown Should Not Fire Ilya Shapiro for a Bad Tweet
“I regret my poor choice of words, which undermine my message that no one should be discriminated against for his or her gender or skin color,” Shapiro tells Reason.
My New Article on "Rethinking the Supreme Court's Impact on Federalism and Centralization"
The article challenges longstanding conventional wisdom. It is coauthored with political scientist Michael Dichio (University of Utah).
