6 Cases That Paved the Road to Mass Incarceration
In Justice Abandoned, a law professor argues that the Court got these key decisions wrong.
Supreme Court
The Supreme Court Is About To Hear 2 Education Cases. Neither Goes Far Enough.
The Court will weigh religious opt-outs and charter school discrimination. But true educational freedom means funding students, not systems.
What Happens When Presidents Defy Court Orders?
“The Executive will lose much from a public perception of its lawlessness and all of its attendant contagions.”
Ignoring SCOTUS
Plus: A deep dive into the likelihood of China invading Taiwan, a weak dollar, Kasparov sounds constitutional crisis alarms, and more...
Federal Judge in Deportation Case Finds Probable Cause To Hold the Trump Administration in Contempt
U.S. District Judge James Boasberg says the evidence indicates that the government "willfully disobeyed" his order blocking removal of alleged Venezuelan gang members.
Trump Says Alleged Gang Members Don't Need Hearings Because the Government Is Infallible
The Supreme Court unanimously rejected that claim, upholding the right to due process in deportation cases.
Trump Takes Dangerous Steps Towards Defying Court Orders in Garcia Abrego Case
The Supreme Court ruled they administration must "facilitate" the return of an illegally deported migrant imprisoned in El Salvador at its behest. They have responded by doing virtually nothing to comply.
Colorado Will Soon Require a Discretionary Permit To Acquire Semiautomatic Rifles
The state may have a hard time showing that its broad restrictions are consistent with the "historical tradition of firearm regulation."
Stephen Miller Egregiously Misrepresented a Supreme Court Order While Trump Nodded Along
No, the Supreme Court did not give Trump free rein in the case of a wrongly deported man.
Salvadoran President Says He Won't Return Kilmar Abrego Garcia
And while U.S. officials admit the deportation was a mistake, they say they're not obliged to bring him back—despite the Supreme Court's ruling.
Justice Kavanaugh Stays District Court Order in Ohio Ballot Initiative Dispute
Not all of the action on the shadow docket involves President Trump.
Supreme Court Unanimously Orders Trump To 'Facilitate' the Return of Wrongly Deported Man
Trump lost on his most aggressive claims of executive power for the second time in a week.
SCOTUS Rules on Deportation Case
Plus: China-U.S. relations heat up, ICE says ideas shouldn't cross borders, sexytime with the computer, and more...
Supreme Court Upholds Order Telling Trump Administration to "Facilitate" Return of Armando Abrego Garcia from El Salvador
Without any recorded dissent, the justices rebuke the Trump Administration's cavalier disregard for due process.
On Remand, the 5th Circuit Again Blocks a Lawsuit by a Texas Reporter Arrested for Newsgathering
Even if Laredo cops punished Priscilla Villarreal for constitutionally protected speech, the appeals court says, they would be protected by qualified immunity.
John Roberts Only Postponed the Bigger Fight Over Trump's Deportations
The Supreme Court did not answer two of the biggest legal questions raised by Trump’s invocation of the Alien Enemies Act.
Mel Gibson Got His Gun Rights Back, but Millions of Americans With No History of Violence Are Still Waiting
The movie star’s special treatment highlights the injustice of an illogical federal law.
Supreme Court Rejects Trump's Claim That He Can Summarily Deport Anyone He Describes As an 'Alien Enemy'
Although the Court lifted an order that temporarily blocked removal of suspected gang members, it unambiguously affirmed their right to judicial review.
The FBI Wrongly Raided a Georgia Family's Home. Now Their Case Is Going to the Supreme Court.
A federal court ruled Trina Martin could not sue the government after agents burst into her home and held an innocent man at gunpoint.
Rights and Wrongs of the Supreme Court's Ruling in the Alien Enemies Act Case
The Supreme Court oveturns lower court decisions temporarily barring AEA deportations, but also emphasizes that detainees are entitled to due process, and that AEA deportations are subject to judicial review.
Trump's Tariffs Violate the Constitutional Separation of Powers
The Supreme Court has ample precedent to rule against Trump’s trade war.
An Executive Power Case That Trump May Win
The Supreme Court seems likely to agree that a member of the National Labor Relations Board may be fired by the president at will.
The Supreme Court Blesses the FDA's Rejection of Flavored Nicotine Vapes
The justices unanimously overturned a 5th Circuit decision that deemed the agency's treatment of e-liquids "arbitrary and capricious."
Supreme Court Lets ATF Regulate (Some) DIY Firearms Kits
More litigation is required to find out which kits and unfinished parts are subject to regulation.
Mississippi Says Medical Marijuana Is Legal—Just Don't Talk About It
The state legalized medical marijuana but banned dispensary owners from advertising. Now, one owner is taking the fight to the Supreme Court.
What VanDerStok Says about Agency Interpretations of Statutes
The Court's opinion upholding federal regulation of "ghost guns" makes passing reference to Loper Bright Enterprises.
What Trump Should Learn From the Impeachment of Justice Samuel Chase
Trump wants to purge the federal bench of judges who disagree with him. Thomas Jefferson did too, and it didn't work out.
Justices Alito and Gorsuch Would Like to Reconsider Crawford
Two decisions respecting a denial of certiorari suggest the Court should reconstruct Confrontation Clause jurisprudence.
Trump's Reading of the Alien Enemies Act Defies the Usual Meaning of Its Terms
To justify the immediate deportation of suspected Venezuelan gang members, the president is invoking a rarely used statute that does not seem to apply in this context.
Trump's Judge Bashing Provokes a Rebuke From Chief Justice John Roberts (Again)
"Impeachment is not an appropriate response to disagreement concerning a judicial decision," Roberts noted after Trump said federal judges who impede his agenda should be fired.
Trump Fires Democratic FTC Commissioners
The removals challenge Humphrey’s Executor, a Supreme Court precedent that protects independent agency officials from political firings.
A Federal Judge in Utah Orders Local Officials To Return a Religious Group's Psychedelic Sacrament
The ruling by U.S. District Judge Jill Parrish emphasizes that religious freedom must protect "unpopular or unfamiliar religious groups" as well as "popular or familiar ones."
The Supreme Court Has an Opportunity To Correct Its Kelo Eminent Domain Error
A New York case revives concerns about seizing private property to benefit favored developers.
Trump Is Explicitly Targeting Legal Residents Based on the Opinions They Express
The rationale for deporting Mahmoud Khalil is chillingly vague and broad.
Chief Justice Roberts' Remarks on Threats to Judges
In 2020, the Chief Justice condemned Senator Schumer's "dangerous" remarks.
Chief Justice John Roberts Rightly Condemns Trump's Call to Impeach Judges who Rule Against Him
There is no justification for such impeachment efforts.
Congress, the Fifth Amendment, and Personal Jurisdiction
A recently filed amicus brief in Fuld v. PLO.
Mel Gibson Controversy Highlights a Bigger Scandal: Many Americans Lose Their Gun Rights for No Good Reason
Millions of people are barred from owning firearms even though they have no history of violence, and they have essentially no recourse under current law.
Rachel Barkow: Did Trump and Biden Turn Pardons Into a Corrupt Joke?
Presidential pardons have become a tool of favoritism and politics.
Supreme Court Rejects Red State Attempt to Sue Blue States Over Climate Suits
Justice Thomas dissents from the Court's continued unwillingness to hear bills of complaint filed under the Court's original jurisdiction.
The FCC and Its Private Taxman Go to Court
FCC v. Consumers’ Research could dismantle a massive slush fund run by unelected regulators and industry insiders.
Bagley and Bray on SCOTUS Denial of Stay in Department of State v. AIDS Vaccine Advocacy Coalition
An exploration of some of the thorny issues that divided the Court.
SCOTUS Denies Trump Administration Application to Stay District Court Order Blocking Pause of USAID Payments; Certiorari Sure to Follow
A pre-opinion release order divides the justices 5-4, but this may not preview the split on the merits.
Mexico Aims To Reshape the U.S. Firearm Industry by Suing Gun Makers
The Supreme Court will decide whether this threat to the Second Amendment is legally viable.
Supreme Court Refuses to Consider Whether University "Bias-Response Teams" Chill Speech
Justice Thomas dissents from the Court's refusal to resolve a clear circuit split.
The FTC Has No Business Trying To Make Sure Social Media Are 'Fair'
Chairman Andrew Ferguson’s assault on "Big Tech censorship" aims to override editorial decisions protected by the First Amendment.
A SWAT Team Raided This Innocent Family's Home. The Supreme Court Won't Hear Their Case.
Whether or not a reasonable police officer violates clearly established law when he declines to check the features and address of his target house before raiding it is thus still up for debate.
Where Did All the Summary Reversals Go?
Why is the Supreme Court issuing fewer summary reversals? Is Justice Barrett the reason?
