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.
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.
In a prior case challenging the law, the 5th Circuit said state judges were not appropriate defendants.
Qualified immunity "does not protect an officer who inflicts deadly force on a person who is only a threat to himself."
The policy imposed an additional form of ritual humiliation on a reviled category of people without any plausible public-safety justification.
The justices robe up for another term.
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.
Justices complain about how their work is misrepresented, but then do not make the text or audio of their remarks available to the public.
A quick overview of all those other cases the Supreme Court will consider
"We are not eager—more the reverse—to print a new permission slip for entering the home without a warrant," declared Justice Kagan in Lange v. California.
The legal doctrine continues to render juries irrelevant.
The case was the subject of a Supreme Court ruling in which the power of eminent domain prevailed over state sovereign immunity.
In the first two lawsuits filed under S.B. 8, all of the parties seem to think enforcement of the law should be blocked.
Justices have mostly demurred on the question of whether anti-discrimination laws trump religious freedom.
It's almost impossible to hold federal officers to account.
Second in a series of posts on historically awful Supreme Court decisions that deserve more opprobrium than they get.
Alan Braid says he broke the law, which prohibits the vast majority of abortions, to make sure it would be tested in court.
If anything, Josh was too gentle on Dean Erwin Chemerinsky's latest op-ed.
“The Supreme Court has repeatedly recognized the authority of the United States...to seek equitable relief to vindicate various federal interests and constitutional guarantees.”
Free speech and occupational licensing collide.
The Justice continues his media book tour without commenting on his potential retirement.
A precedent allowing federal officers to be held civilly liable for constitutional rights violations has come under fire.
An interesting exploration of what happens when high courts are evenly divided.
A federal court admitted the officers violated the man's rights. It doesn't matter.
The same legal ruse can be used against gun rights and other civil liberties, not just against abortion.
The decision is wrong, but consistent with previous precedent. Yet it also threatens to create a road map for circumventing constitutional rights. Fortunately, the latter can be prevented.
In his new book, the 83-year-old justice warns court-packing advocates to “think long and hard before embodying those changes in law.”
Plus: Millennial myth busting, McFlurry madness, and more...
Because the Supreme Court so far has not intervened, post-heartbeat abortions are now illegal in the Lone Star State.
The Court said it "strains credulity" to believe that Congress gave the CDC the "breathtaking amount of authority" it asserted.
Plus: Biden won't budge on Afghanistan, bad news for psychedelics measure in California, and more...
The Biden Administration suffers a significant loss on the Supreme Court's "shadow docket."
The Supreme Court will hear the case this fall.
An interesting historical tidbit about the nomination of David Souter to the Supreme Court
The university's vaccine requirement will remain in force.
The most powerful officers are held to the lowest standard of accountability.
The administration issued the order even while conceding that it lacked the authority to do so.
The Supreme Court will likely rule against Biden’s executive gambit.
“New York enacted its firearm licensing requirements to criminalize gun ownership by racial and ethnic minorities.”
Biden’s Presidential Commission on the Supreme Court seems to favor judicial term limits.
Culture war bills signed into law in Arkansas, West Virginia, and Tennessee run afoul of Constitution, federal law.
Religious families aren’t the only ones seeking escape from endless curriculum wars.
It could, if it actually had the vast public health powers that the Biden administration claims it does.
"The Second Amendment does not exist to protect only the rights of the happy few who distinguish themselves from the body of 'the people' through some 'proper cause.'"
The fight over qualified immunity divides "conservative" judges on the 5th Circuit.
Replacing the Court's most pro-government justice with a young progressive might make a bigger difference than expected.
A discussion with Mario Loyola on the Supreme Court's latest Affordable Care Act Decision
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