The concerns I expressed about her record on property rights when I testified at her 2009 confirmation hearing were justified. But she has compiled an admirable record on several other issues.
Plus: Marijuana banking, suing Facebook, and more...
What’s next for the Second Amendment at SCOTUS?
Episode 5 of Free Speech Rules, from UCLA law professor Eugene Volokh
The liberal jurist puts judicial integrity before partisan politics.
The Notorious RBG seems to like her newest colleagues.
In recent interview, Justice Ginsburg says it would be a bad idea to increase the number of justices
“It should have been easy for the Court to say goodbye to Auer.”
The late Supreme Court justice was an inconsistent defender of civil liberties.
The retired Supreme Court justice has died at 99.
"It is illegal for employers in Washington to refuse to hire qualified potential employees because the employer perceives them to be obese."
An admirable man with a distinguished career as a Supreme Court justice. But also the author of some of the more problematic opinions of his era.
The commerce secretary could easily have reinstated the citizenship question if he had been less transparently dishonest.
Did Trump change his mind about the citizenship question twice, or did his underlings ignore him? Which is worse?
The U.S. Court of Appeals for the Fifth Circuit hears oral argument in Texas v. US on July 9, and SCOTUS will revisit the ACA next term.
A strange ambiguity about yesterday's decision in Rucho v. Common Cause
What one executive does, another can undo.
The conservative justice would have permitted a nakedly anti-competitive regulation.
Chief Justice Roberts' irked both Left and Right with his Census decision - encapsulating what we saw the entire SCOTUS term.
State legislatures and Congress can (and probably should) take steps to limit partisan gerrymandering. This was never an issue for the courts to settle.
The Court concludes that the commerce secretary's "contrived" explanation frustrated "meaningful judicial review."
SCOTUS says it is constitutional for police to draw blood from unconscious drunk driving suspects.
Tennessee's residency requirement for retail license applicants "blatantly favors the state's residents and has little relationship to public health and safety," Justice Alito wrote.
The Court's four liberal justicces joined the majority in all three of today's Supreme Court's decisions
Another day, another conflict between the Supreme Court’s Republican appointees in a criminal justice case.
Yesterday's Supreme Court ruling expanded when the government can keep business records secret. That's bad news for transparency
A 6-3 ruling says that the First Amendment protects brand names that are considered “immoral” or “scandalous.”
“The Court usually reads statutes with a presumption of rationality and a presumption of constitutionality.”
The Roberts Court still overturns prior precedent at a lower rate than its post-War predecessors.
“Our role is to enforce the Takings Clause as written.”
The close 5-4 ruling is an important victory for constitutional property rights.
The high court ruled that prosecutor Doug Evans violated Flowers' constitutional rights when Evans sought to keep African-Americans off of the jury.
A day of relatively small opinions from SCOTUS suggests big doctrinal developments may be on the horizon
The conservative justice comes out swinging on behalf of the non-delegation doctrine.
When "almost anyone can be arrested for something," no one is safe.
The Trump appointee is not impressed by the logic of the "dual sovereignty" doctrine: "Really?"
Constitutional law is made by a politically constructed institution
SCOTUS wants to see anti-discrimination laws applied without religious bias.
Understanding today’s Supreme Court decision in Virginia Uranium, Inc. v. Warren
These three justices all share a pragmatic streak and they stuck together in three of four decisions decided today.
Concern about Chevron Deference Would Be Better Focused on Delegation
Understanding what's at stake in the important case of Kisor v. Wilkie.
A never-ending war may mean a life sentence for being classified as an enemy combatant.
Jamelle Bouie's counterintuitive recommendation would effectively eliminate constitutional limits on elected officials, including Trump and every demagogue who follows him.
Plus: intra-conservative culture war, Tulsi Gabbard on Snowden, and more…
A truly interesting and unusual Supreme Court line-up.
Sometimes Dershowitz gives really bad advice
