Let the WOTUS Wars Commence
The EPA and Supreme Court set the stage for important legal decisions on the scope of the Clean Water Act.
Supreme Court
Kavanaugh Gives Mixed Signals in First Supreme Court Abortion Ruling
In a 5-4 decision, the Court issued a temporary stay of a Louisiana law that could put abortion doctors out of business.
The Execution of Domineque Ray
Some troubling uncertainties in a case of troubling allegations of religious discrimination
A Libertarian Litigator Dons the Judge's Robes
Clint Bolick, a co-founder of the Institute for Justice, was for years one of the libertarian movement's most successful trial lawyers.
Have Gun, Can't Travel
New York City's arbitrary restrictions on transporting firearms give SCOTUS a chance to curtail rampant disrespect for the Second Amendment.
Supreme Court Won't Hear Case of High School Coach Fired for Praying on the Field
The conservative justices listed a key factor preventing them from hearing the case.
Supreme Court To Consider Whether New York City Can Keep Legal Gun Owners From Taking Guns Outside City
In first Supreme Court Second Amendment case since 2010, Court must decide whether the right applies in any meaningful sense outside the home.
SCOTUS Says Trump's Transgender Military Ban Can Take Effect…for Now
The Court voted along ideological lines.
Is the 21st Amendment a Free Pass for Liquor Protectionism?
Tennessee alcohol merchants are asking the Supreme Court to uphold an absurd residency requirement that shields them from competition.
Did SCOTUS Just Rule That Pickpocketing Is a 'Violent Felony'?
Justice Sonia Sotomayor has some concerns.
The Supreme Court's First Divided Opinion of the Term
A 5-4 decision, but not along the lines we usually expect.
Supreme Court to Consider Whether Police Can Order Blood Draws from Unconscious Drivers
Warrantless "implied consent" laws are under review over Fourth Amendment concerns.
The Supreme Court's Decision To Duck a Foie Gras Case Is Bad News for Food Freedom
SCOTUS' decision not to hear the case could lead to a vicious food fight between the states
Liberty Has a New Champion on the Federal Bench
Don Willett has championed economic freedom and accountability for cops.
Are Boycotts Protected by the First Amendment?
Only if you like the cause they serve, according to supporters of laws that target the anti-Israel BDS movement
Gorsuch and Sotomayor Join Forces in Defense of Sixth Amendment Rights
It's not the first time the two justices have teamed up on a criminal justice case.
Supreme Court Will Hear Two New Gerrymandering Challenges
A Republican gerrymander in North Carolina and a Democratic gerrymander in Maryland give the court another chance to set some rules for redistricting.
Judge Blocks New York City Law Demanding Airbnb Share Reams of Private Host Data
Online room-sharing services had no avenue to legally challenge demands for private info.
Stossel: End Racial Preferences at Colleges?
Asians sue Harvard for discrimination in a case that may end college racial preferences.
How Far Should Blame for Asbestos Go?
Thanks to its role overseeing maritime law, the Supreme Court will soon rule on liability limits for manufacturers adjacent to the asbestos industry.
Supreme Court Blocks Trump's Attempt To Change Asylum Law
The U.S. Citizenship and Immigration Services allows those who are physically present in the U.S. or have entered at a port of entry to apply for asylum.
Case Involving Baker Who Refused To Make a Transgender-Friendly Cake Pushes Forward
Is he rejecting a customer or rejecting a message? The difference matters.
Gorsuch Challenges Blank Check for the U.S. Attorney General
A case to watch for both criminal justice reformers and for critics of executive overreach.
Does a State Law That Bars Newcomers From Selling Liquor Violate Their 'Privileges or Immunities'?
In a case SCOTUS will hear next month, victims of Tennessee's protectionism argue that it flouts the 14th Amendment as well as the Commerce Clause.
Brett Kavanaugh Joins With Liberal Justices; SCOTUS Won't Hear Planned Parenthood Defunding Cases
"If Kavanaugh was going to deal a major blow to health care rights during his first session on the court, this would have been the case to do it."
Repudiating the 'Dual Sovereignty' Exception to the Double Jeopardy Clause Could Undermine the Federal War on Weed. Oh No!
The Supreme Court seems disinclined to overturn precedents allowing serial prosecutions of the same crime.
Stop Ignoring Double Jeopardy
The Supreme Court should reconsider the misbegotten "dual sovereignty" doctrine.
Neil Gorsuch, Civil Asset Forfeiture, and the Original Meaning of the 14th Amendment
Where does Justice Gorsuch stand on the Privileges or Immunities Clause?
Indiana Solicitor General: It's Constitutional to Seize a Car for Driving 5 MPH Over the Speed Limit
Supreme Court Justice Stephen Breyer elicited a shocking response during Wednesday's oral argument in a big civil asset forfeiture case.
Profitable Penalties Imperil Justice
The Supreme Court should make it clear that state forfeitures are constrained by the Excessive Fines Clause.
Is Kids Climate Case Coming to an End?
The "trial of the century" may not happen after all.
Gorsuch and Sotomayor Fault SCOTUS for Declining to Hear Important Criminal Justice Case
The two jurists dissent from denial of certiorari in Stuart v. Alabama.
The 5 Worst Supreme Court Rulings of the Past 50 Years
Cases in which a majority of the Court fell down on the job.
Compelled Subsidies and the First Amendment
Why both the dissent and majority in Janus were wrong, and what the next lawsuits may look like.
Is a Privacy Violation an "Injury"?
The Supreme Court's call for supplemental briefing in Frank v. Gaos will lead it to a difficult question.
Steve King Slams NRCC for Supporting Gay Candidate, Hopes Kagan and Sotomayor 'Elope to Cuba'
The Iowa Republican is dialing up the anti-gay rhetoric.
We Have An Opinion (from SCOTUS)
The Supreme Court issues its first OT2018 decision in an argued case.
Supreme Court Declines Case Challenging New Jersey's Near Elimination of Cash Bail
As more reforms take hold, expect more challenges-especially if states end up detaining more people.
Arizona Liberals Are Working Hard to Unseat This Libertarian Justice
Clint Bolick faces a judicial retention fight.
The Next Big Fight Over Organized Labor May Already Be Here
Striking down exclusive representation would allow labor organizers to give the boot to free-riding employees.
Will Supreme Court Tackle More LGBT Cases Next Term?
Justices are being asked yet again to argue about wedding cakes and whether the Civil Rights Act covers discrimination against gay and transgender people.
Judge Don Willett Stands Out on Criminal Justice Reform
The 5th Circuit judge weighs in on qualified immunity, criminal sentencing, and false imprisonment.
Can a Constitutional Amendment Forestall the Threat of Court-Packing?
Jim Lindgren proposes a constitutional amendment banning court-packing. I'm all for it. But it can only pass if liberal Democrats get some reciprocal concession to support it.
