A Rare SCOTUS Case That Pitted Thomas Against Alito
Plus: Does Trump expect to lose the birthright citizenship case?
Supreme Court
Houston Irks Texas Gov. Greg Abbott by Reminding Cops To Comply With the Fourth Amendment
The governor is threatening to defund the police because of an ordinance noting that an ICE administrative warrant "does not justify a stop, arrest, or continued detention" by city officers.
Stephanie Barclay on "The Emergency Docket's Mistaken Birthday"
Contrary to what some believe, the Clean Power Plan was not the first executive branch action stopped on the "Shadow Docket."
Reading the Clean Power Plan "Shadow Papers" in Context
More of what's been absent from discussions of the recently released Supreme Court memoranda, with commentary by Davis and Re.
The Supreme Court's 'Shadow Docket' Has Sprung a Leak
Plus: a credible new report on the Alito retirement rumors.
Court Leaks and Attorney-Journalists
The professional-ethics implications of making court confidences public.
Jack Goldsmith on the NYT and the Leaked Supreme Court "Shadow Papers"
A critique of the New York Times "unfortunately tendentious reporting about the memoranda."
"The Biggest Scandal Here Is In Fact the Leaks Themselves"
The leak of internal Supreme Court memos could affect how the Court operates.
Leaked Supreme Court Memos Reveal Why Court Stayed Clean Power Plan (Setting Important "Shadow Docket" Precedent in the Process)
A New York Times scoop reveals that Chief Justice Roberts was concerned that the EPA would (again) get away with imposing unlawful burdens on utilities.
The Supreme Court Ruled Against 'Informal Censorship' 6 Decades Ago but Officials Are Still Jawboning
The Court's 1963 ruling in Bantam Books v. Sullivan is freshly relevant in light of recent efforts to restrict speech through government intimidation.
When the U.S. Censored a Movie About the American Revolution and Imprisoned Its Producer
Remembering the infuriating case of United States v. “The Spirit of ’76.”
When SCOTUS Did Lasting Damage to the Bill of Rights
Plus: The Alito retirement rumors keep swirling.
Rupe Debate: Judging the Supreme Court's Emergency Docket
Adler v. Shugerman on the Supreme Court's handling of separation of powers concerns on the "shadow docket."
A Maryland Hospital Held a Woman for Months Against Her Will. The Supreme Court Will Decide if She Can Sue.
The case will determine whether an unnamed plaintiff can take the hospital and its doctors to federal court.
In New Tariff Cases, Trump Asserts 'Unreviewable' Power To Invent a Balance-of-Payments Deficit
The Court of International Trade is weighing the legality of the import taxes that the president wants to impose under Section 122 of the Trade Act of 1974.
Did the Solicitor General Misrepresent Flournoy Article in Birthright Citizenship Oral Argument
It is often useful to consult the original source.
The Birthright Citizenship Question that Stumped the Solicitor General
It was surprising that the Solicitor General did not appear to have thought much about the extent of Congress' legislative power under Section 5.
The Supreme Court's Next Big Fourth Amendment Case
How the digital privacy rights of millions are at stake in Chatrie v. United States.
Innocent Property Owners Deserve 'Just Compensation' When Cops Wreck Their Homes or Businesses
Two petitions ask the Supreme Court to uphold the remedy required by the Fifth Amendment.
Police Destroyed Innocent People's Property—and Left Them With the Bill. Will the Supreme Court Step In?
The Fifth Amendment's Takings Clause promises "just compensation" when private property is taken for public use. But some courts have ruled that it does not always apply when police are involved.
The Easiest Way to Resolve the Birthright Citizenship Case
The Administration's constitutional arguments are unconvincing, but rejecting them is not necessary to decide United States v. Barbara
Why SCOTUS Ruled 8–1 Against Colorado's 'Conversion Therapy' Ban
Understanding the Supreme Court’s decision in Chiles v. Salazar.
With His Grandiose White House Ballroom Plan, Trump Again Asserts the Power To Do As He Pleases
"No statute comes close to giving the President the authority he claims to have," U.S. District Judge Richard Leon concluded when he enjoined the project.
Nationwide Injunctions, a Crucial Check on Presidential Power, Are Not Dead Yet
Both Donald Trump and Joe Biden asked the Supreme Court to abolish nationwide injunctions, which allow federal judges to stop a federal policy from going into effect.
Trump Realized He Can Just Do Things. Who Can Stop Him?
There are far too few checks left on executive power.
Gorsuch, Barrett, and Roberts Raise Fatal Objections to Trump's Birthright Citizenship Order
Understanding the Supreme Court’s oral arguments in Trump v. Barbara.
Trump's Mercurial, Constantly Changing Import Taxes Took American Businesses on a Wild Ride
There was little rhyme or reason to the president's "emergency" tariffs, which fluctuated wildly depending on his mood.
Trump's Unconstitutional Attack on Birthright Citizenship Finally Reaches the Supreme Court
Understanding the stakes in Trump v. Barbara.
Maine Lobsterman Asks the Supreme Court To Strike Down a Rule Allowing the Government To Track His Boat 24/7
The case could give the Court a chance to clarify what a "closely regulated" business is and what constitutional protections it enjoys.
Unanimous Supreme Court Says Internet Service Provider Not Liable for Internet Users' Illegal Downloads
Plus: What George Orwell thought about Friedrich Hayek.
A Lawsuit Settlement Highlights Trump's Hypocrisy on Government Meddling With Social Media
Despite its rejection of the Biden administration's interference, the Trump administration is still asserting authority over online speech.
Donald Trump and Markwayne Mullin Insist That Politics Should Prevail Over Principle
The president and his new DHS secretary are enraged by jurists and legislators who refuse to toe the party line.
Arresting a Reporter for Asking Questions Was a 'Blatant First Amendment Violation,' Sonia Sotomayor Says
The justice dissented from the Supreme Court's denial of a petition from a Texas journalist who was charged with felonies for practicing journalism.
Mail-In Ballots, the 2026 Election, and the Supreme Court
What’s at stake in Watson v. Republican National Committee.
The DOJ Wants To Drop Charges Against 2 Cops Who Played a Crucial Role in Breonna Taylor's Death
But for a fraudulent and misleading warrant affidavit, Taylor would not have been killed during a fruitless late-night drug raid.
Judges and Justices Should Be Independent, Trump Says, As Long As They Side With Him
The president says federal courts should not make decisions based on partisan considerations unless it benefits him.
Roscoe Conkling, the Political Boss Who Twice Declined a Supreme Court Appointment
The Republican stalwart thought he could wield more power from the Senate than he ever could from the Supreme Court.
Kavanaugh Should Be Embarrassed by Trump's Praise for His Tariffs Dissent
Plus: Brian Doherty, RIP.
Yes, the First Amendment Protects Free Speech for Noncitizens
"Freedom of speech and of press is accorded aliens residing in this country," according to a 1945 Supreme Court ruling.
Brendan Carr Says He Can Police TV Journalism Because Broadcast Licenses Are 'Free'
The FCC chairman's reasoning is faulty.
My New Lawfare Article on "Slavery and Birthright Citizenship"
The article explains how all the standard arguments for denying birthright ctizenship to children of undocumented immigrants are at odds with the main purpose of the Citizenship Clause of the Fourteenth Amendment.
The Enduring Fight Over 'Fighting Words'
More than eight decades ago, the Supreme Court invented a vague First Amendment exception that would-be censors continue to invoke.
The Supreme Court's Approval Ratings Have Dropped. Does It Matter?
What happens if both political parties come to distrust the Court’s judgment?
Virginia's Impending 'Assault Firearm' Ban Is Logically and Constitutionally Dubious
The ban, which targets guns based on criteria that make little sense, seems vulnerable to a challenge under the Supreme Court's Second Amendment precedents.
Can the Government Ban You from Telling the Truth?
Mark Chenoweth discusses the SEC’s gag rule, the power of the administrative state, and the legal battle over whether regulators can silence their critics.
Trump's New Tariff Plan Still Asserts a Crisis That Does Not Exist
The president’s invocation of Section 122 conflates a trade deficit with a balance-of-payments deficit.
Will SCOTUS Review the Iran War's Constitutionality? Don't Count on It.
The judiciary is largely absent from the long-running constitutional debate over undeclared foreign wars.
Previewing Suncor Energy v. Boulder County
A Federalist Society forum on the first big case of OT 2026.
