Why Amy Coney Barrett is Unlikely to Have Any Meaningful Effect on the Future of the ACA
She's unlikely to cast a vote to strike down the law as a whole, and unlikely to have a decisive impact on its fate even if she does.
Supreme Court
National Law Journal Symposium on Possible Questions for Judge Amy Coney Barrett's Confirmation Hearings
The National Law Journal asked several legal commentators to suggest questions for the president's Supreme Court nominee.
Supreme Court Won't Intervene (Yet) To Stop Abortion Pills From Being Prescribed Remotely
Plus: Trump says he plans to hold rallies despite lack of negative COVID-19 test, Biden won't answer question on court-packing, and more...
Kamala Harris Refused To Answer a Direct Question About Whether a Biden Administration Would Pack the Supreme Court
Two debates. Two dodges of an important question about the top court's future.
Originalism and Personal Jurisdiction
The original rules might not be found in the text.
Two Justices Really Want To Revisit Gay Marriage Ruling. Let's Not Panic, Please.
Clarence Thomas and Samuel Alito worry about the future of religious freedom. That’s not the same as a call to overturn the decision.
Environmental Law in the Roberts Court
The Supreme Court decides a decent number of environmental cases, but does not seem particularly interested in environmental concerns.
Amy Coney Barrett Will Be Better for Freedom Than Ruth Bader Ginsburg
When it comes to criminal justice and abortion, Barrett and Ginsburg may have far more in common than conservatives and progressives seem to realize.
Would Justice Barrett Be Required to Recuse in the Texas ACA Case?
Does participation in a moot court require recusal?
The ACA's Legislative Findings Do Not Constitute an "Inseverability Clause"
A core element of the latest case against the Affordable Care Act rests on a legal fiction.
Will the Senate Have a Quorum to Confirm Judge Barrett? (Updated)
As more senators test positive for COVID-19, the ability of the Senate to conduct business is threatened.
Climate Change (Kinda) Goes Back to the High Court
The Supreme Court accepted certiorari on a climate change case today.
Jo Jorgensen Is 'Fine' With Filling SCOTUS Vacancy Before Election
"If it were me, I would certainly put my nominee forth," Jorgensen says. Partisan bickering over the confirmation process is just "politics as usual."
How Judge Barrett Ruled in the Texas ACA Case (Updated)
Judge Amy Coney Barrett participated in a moot court of Texas v. California, and it did not go well for the challengers.
SCOTUS Could Use More Skeptics Like Amy Coney Barrett
The 7th Circuit judge’s track record suggests she would frequently be a friend of civil liberties.
Pitfalls of Statutory Term Limits for Supreme Court Justices
Supreme Court term limits are a good idea. But they must be enacted by constitutional amendment, not by statute.
The Lessons Americans Refuse To Learn From Trump's Tax Returns
Major-party politicians avoid tax simplification almost as aggressively as the rich avoid taxation, argue the Reason Roundtable panelists.
What Sort of Justice Should You Want on the Other Side?
Noah Feldman explains why liberals should want someone like Amy Coney Barrett on the Supreme Court
Amy Coney Barrett Condemns Purdue University's 'Fundamentally Unfair' Adjudication of Sexual Assault Claims
The opinion, which suggests a strong concern about due process, will nevertheless be cited as evidence of the SCOTUS nominee's "uniformly conservative" record.
It's Official: Trump Nominates Judge Amy Coney Barrett to the Supreme Court
If confirmed, she would cement a strong 6-3 conservative majority.
On Election Year Supreme Court Vacancies (Redux)
What I wrote in 2016 still applies today.
Why Democrats Should Stop Worrying and Learn To Love the Filibuster
Progressives are promising to get rid of this long-standing check on the power of raw majorities in the Senate just when it would help them the most.
Amy Coney Barrett and the Problem of Conservative Judicial Deference
Reviewing the record of the SCOTUS shortlister.
Amy Coney Barrett Thinks the Second Amendment Prohibits Blanket Bans on Gun Possession by People With Felony Records
The SCOTUS contender's 2019 dissent will alarm gun control supporters but reassure people who want judges to take this constitutional provision as seriously as others.
Two Cheers for Supreme Court Term Limits
The idea has a lot of merit. But it will be hard to enact, and probably won't do much to end partisan conflict over Supreme Court appointments.
Amy Coney Barrett Demolishes the Qualified Immunity Claim of a Detective Accused of Framing a Man for Murder
The case is an encouraging sign that the SCOTUS contender is not the sort of judge who bends over backward to shield cops from liability for outrageous misconduct.
Calabresi Urges Supreme Court Term Limits
Limiting justices to a single 18-year term would de-escalate judicial confirmation fights.
Partisan Poppycock Does Not Trump the Constitution on SCOTUS Picks
The restrictions imagined by Republicans in 2016 or by Democrats now are nothing but self-serving nonsense.
How a Deal to Prevent Court-Packing Can Still Happen
The prospects are far from ideal. But it is still potentially feasible.
Our SCOTUS Wars Were a Long Time Coming
The fight to replace Ruth Bader Ginsburg reveals a long-degraded political culture.
SCOTUS Contender Amy Coney Barrett's Mixed Record in Criminal Cases
While the 7th Circuit judge is often skeptical of the government's position, some of her conclusions will give pause to civil libertarians.
Half of Republicans Say New Justice Should Be Picked by Whoever Wins the Election
Plus: Trump wants to rob TikTok to pay for "patriotic education," the CDC can't confirm any cases of airplane spread, Virginia uses new "red flag" gun law, and more...
A Possible Deal on Ginsburg's Replacement That Could Prevent Court-Packing
Simply put: Republicans agree not to vote on a replacement for Ginsburg until January; Democrats agree not to pack the Court.
The Death of Ruth Bader Ginsburg and the Future of the Supreme Court
What's next for SCOTUS?
Ruth Bader Ginsburg, RIP
The passing of a feminist heroine, and a giant of American jurisprudence.
Ruth Bader Ginsburg Is Dead
Her death creates a vacancy on the Supreme Court just weeks before the presidential election and is likely to spark a major political fight.
Livestreamed Oral Arguments Will Continue at SCOTUS
October arguments will be over the phone again.
Is John Roberts the New Anthony Kennedy?
Like it or not, this is the Roberts Court now.
Contrary to What Ted Cruz Thinks, Prepubescent Twerking Does Not Make Cuties Illegal
The federal definition of child pornography does not encompass risqué dancing by clothed 11-year-olds.
The Cato Institute's 19th Annual Constitution Day Conference
This year's annual confab is remote, but will still feature the annual B. Kenneth Simon Lecture and release of the Cato Supreme Court Review.
A Nebraska County Took His $25,000 Property To Settle a $986 Tax Debt. Now the U.S. Supreme Court Could Get Involved.
Walter Barnette didn't know that his own land had been sold out from under him until it had already happened.
SCOTUS Contender James Ho Combines Respect for Free Speech and Gun Rights With a Troubling Deference to Cops
The 5th Circuit judge is a mixed bag from a libertarian perspective.
Josh Hawley Doesn't Want Trump's SCOTUS Endorsement (Thank Goodness). But Ted Cruz and Tom Cotton Do.
Plus: The case for paying plasma donors, Joe Arpaio welcomes furries, and more...
Abolish Qualified Immunity
This court-invented doctrine shields bad cops from civil liability.
Colorado Supreme Court Dismisses Appeal From Housing Activists Who Claimed Inaccurate Election Guidance Doomed Their Ballot Initiative
City officials repeatedly gave activists false information about the requirements for getting their initiative on the ballot.
