Qualified Immunity Is a Test for Conservatives
The judicially invented license for police abuse undermines the rule of law and the separation of powers.
Supreme Court
"This Is the Real John Roberts"
In the New York Times I explain that the Chief Justice Roberts we've seen this term is the same one we've seen before.
Supreme Court Reaffirms Traditional Severability Principles in Barr v. AAPC
In a decision considering federal limitations on robocalls, the Supreme Court reaffirmed its longstanding approach to severability.
Would Derek Chauvin Receive Qualified Immunity for Killing George Floyd?
The answer speaks volumes about the extent to which that doctrine protects police officers from liability for outrageous conduct.
Supreme Court's LGBT Discrimination Ruling Forces Harvard To End Ban on Single-Gender Clubs
Good news for free association at college!
Don't Let the Pandemic Kill Religious Freedom
COVID-19 control measures violate the First Amendment when they arbitrarily favor secular conduct.
Supreme Court Delivers Big Win for School Choice and Religious Liberty Advocates
SCOTUS rules 5-4 in Espinoza v. Montana Department of Revenue.
Partisan Hypocrisy on Display in Supreme Court Ruling on Anti-Prostitution Pledge and the First Amendment
Can the government compel speech? For Supreme Court justices, that seems to depend on the content of that speech.
Supreme Court Declares Another Abortion Law Unconstitutional
Plus: More states pause reopening, Oregon measure to legalize psilocybin moves forward, and more...
A SWAT Team Blew Up This Family's House While Chasing a Shoplifter. The Supreme Court Won't Hear the Case.
And no, it wasn't the shoplifter's home.
Supreme Court Rules Against Consumer Financial Protection Bureau, Says Agency's Format 'Clashes With Constitutional Structure'
SCOTUS rules 5–4 in Seila Law v. Consumer Financial Protection Bureau.
Supreme Court Won't Stop Pending Federal Executions
The federal government hasn’t executed a prisoner since 2003. We may see three killed in July.
Why John Roberts Joined the Supreme Court's Democratic Appointees in an Abortion Case
Roberts dissented in 2016 when SCOTUS struck down an abortion law. What changed this time around?
With Chief in Charge, SCOTUS Strikes Down Louisiana Abortion Law and Eliminates CFPB Independence (Updated)
The Chief Justice provides the pivotal vote in the June Medical Services abortion case and Seila Law v. CFPB.
Did John Roberts Just Put an End to Remand-Without-Vacatur?
Professor Christopher Walker explores a potential wrinkle in the DACA decision.
Was the DACA Decision "Deliberately Designed for One Day and Case Only"?
Professor Zach Price on the Chief Justice Roberts' Decision in Dept. of Homeland Security v. Regents of the University of California
7 Race-Neutral Solutions to Racially Skewed Law Enforcement
These reforms would protect all Americans while reducing racial disparities in policing.
Why Bad Cops Aren't Punished: The Case Against Qualified Immunity
Police officers shouldn't be above the law.
This Week Confirmed That Control of the Supreme Court Will Be a Critical Part of Trump's Reelection Strategy
Plus: Seattle labor coalition gives cops the boot, supermarkets are a miracle of modern markets, Klobuchar is the last person to realize she won't be Biden's VP, and more...
Conservative Chief Justice John Roberts Saves DACA and Dreamers
Defying expectations, Roberts joined with the four liberals on the court to rule against the Trump administration's elimination of the program.
Supreme Court Holds Trump Administration Rescission of DACA Was "Arbitrary and Capricious" (Updated)
In what appears to be a quite narrow ruling, Chief Justice John Roberts holds that if Trump wants to get rid of DACA, he'll have to try again.
A Legal Victory on DACA Will Be Terrible Political News for Trump
Trump is caught in a trap of his own making.
Treating All Neck Restraints As Deadly Force Would Help Curtail Police Brutality
That uniform rule is different from the policies favored by Donald Trump and House Democrats.
Supreme Court's LGBT Discrimination Decision Revives Interest in the Federal Equality Act
The Equality Act would significantly expand government power and it also threatens religious freedom.
Protest Organizers Shouldn't Be Liable for Other People's Crimes
A lower court precedent left unchallenged would unjustly compromise First Amendment protest rights. The Supreme Court should reconsider.
In Other Supreme Court News . . .
SCOTUS did more today than decide that Title VII applies to employment discrimination based on sexual orientation and transgender status.
How Gorsuch Took a Page From Scalia in an LGBT Employment Discrimination Case
"Only the written word is the law, and all persons are entitled to its benefit."
The Cops Who Sicced a Dog on a Surrendered Suspect Got Qualified Immunity. SCOTUS Won't Hear the Case.
"I have previously expressed my doubts about our qualified immunity jurisprudence," writes Associate Justice Clarence Thomas in a dissent.
Clarence Thomas Upbraids SCOTUS for 'Prolonging Our Decade-Long Failure to Protect the Second Amendment'
"The fundamental protections set forth in our Constitution," Thomas writes, should be "applied equally to all citizens."
Supreme Court Rules, 6–3, That LGBT Workplace Discrimination Violates Civil Rights Act
Justice Neil Gorsuch's majority decision offers a textualist argument for the ruling.
BREAKING: Supreme Court Holds Title VII Prohibits Discrimination Based Upon Sexual Orientation or Transgender Status (Updated)
Justice Gorsuch writes for six-justice majority that discrimination based upon sexual orientation or transgender status is sex discrimination under Title VII.
The Return of Court-Packing
Some progressive activist groups are trying to resuscitate the idea. Whether they succeed remains to be seen.
Criminal Justice Divides the 'Conservative' Judiciary
Pundits often speak of the judiciary in terms of liberal or conservative judges issuing liberal or conservative opinions. The reality is far more complicated.
These Judges Defend Qualified Immunity as 'a Deferential Rule' That Protects the Police
“Officers don’t have the time to pull out law books and analyze the fine points of judicial precedent.”
Maybe Cops Should Be 'Pulling Back'
Abolishing qualified immunity is a crucial step in holding police accountable for violating our rights.
The Attorney General's Overblown Fears About Scrapping Qualified Immunity
It's not likely to have the chilling effect he expects. Unfortunately, it might not do as much as criminal justice reformers expect either.
3 Supreme Court Cases to Watch This Month
The justices weigh abortion, school choice, and federal anti-discrimination law.
Participants in Defined-Benefit Retirement Plan Lack Standing to Sue Over Alleged Mismanagement
The Supreme Court shows a willingness to enforce limits on Article III standing.
John Roberts Does Not Think California's Special Restrictions on Religious Services Discriminate Against Churches
As SCOTUS declines to issue an injunction, the chief justice says the state's COVID-19 control measures seem consistent with the First Amendment.
Roberts Accuses Kavanaugh of Judicial Activism in Coronavirus Church Closure Case
"Although California's guidelines place restrictions on places of worship," Roberts wrote, "those restrictions appear consistent with the Free Exercise Clause of the First Amendment."
Should the Supreme Court Reconsider Keller v. State Board of California?
Do mandatory, integrated state bar associations violate the First Amendment? Two justices would like the Court to reconsider this question.
The Supreme Court Has a Chance To End Qualified Immunity and Prevent Cases Like George Floyd's
The Supreme Court could announce as early as Monday that it's revisiting qualified immunity, a doctrine that shields rotten cops from civil rights lawsuits.
Do Pandemic-Inspired Bans on Religious Services Violate the First Amendment? Circuit Courts Are Split.
Supreme Court precedent suggests COVID-19 restrictions that discriminate against churches are presumptively unconstitutional.
This Judge Is Wrong About Economic Liberty and the Constitution
A flawed argument for judicial passivity in cases of government regulation.
Justice Department Asks Supreme Court To Block Judge's Order To Release Inmates at Ohio Federal Prison
A federal judge ordered officials at Elkton to stop "thumbing their nose" at their own authority to release inmates at risk of coronavirus.
Do Tattoo Shops Have a First Amendment Right To Remain Open During a Pandemic?
The idea is not so far-fetched.
Another State Supreme Court Stands Up for Economic Liberty
Following Georgia's ruling in favor of a lactation consultant, Pennsylvania’s high court reviews another “unreasonable” occupational licensing scheme.
Two Cops Were Given Qualified Immunity After Allegedly Stealing $225,000. SCOTUS Won't Hear the Case.
But the high court may consider other cases that could overturn the outrageous legal doctrine.
