Randy Barnett on the Secret History of SCOTUS Confirmation Hearings: Podcast
The libertarian legal scholar explains the post-Bork landscape and what might derail Trump's high-court pick.
Supreme Court
Justice Kagan Laments Partisan Confirmation Conflict
Political conflict over judicial confirmations may be harmful for the courts.
Is the Right to Bear Arms Limited to Guns in Plain Sight?
The 9th Circuit has endorsed a distinction that does not jibe very well with modern attitudes.
Watch Little Pink House, Drama About Eminent Domain Abuse, in Safety of Your Own Home!
Award-winning movie about Susette Kelo's attempt to save house from a local government gone klepto is out on streaming and video-on-demand services.
Kavanaugh on the Nixon Tapes Case
In 1999, Judge Kavanaugh suggested that the Supreme Court case that forced Nixon to turn over the Watergate tapes may have been wrongly decided. But it's not entirely clear what he now thinks about the issue.
Sen. Mike Lee on Brett Kavanaugh, Trump's Tariffs, and Congressional Dysfunction
The way Congress crafts spending bills has "effectively disenfranchised almost 300 million Americans."
Can Unions Be Sued For Janus Claims?
Surprising fallout from the Supreme Court's decision on agency fees
Judge Andrew Napolitano on Trump, SCOTUS, and the Return of Freedom Watch
The most libertarian legal analyst on cable news dishes on Brett Kavanaugh, the end of his GOP, and his forthcoming new show.
Brett Kavanaugh's Fourth Amendment Blind Spot
The Supreme Court nominee's skepticism fades when cops and spies look for evidence without a warrant.
Judge Kavanaugh and the Administrative State
How will a Justice Kavanaugh approach administrative law cases?
'Concerned' Rand Paul Isn't Sure How He'll Vote on Kavanaugh Confirmation
The Kentucky Republican is worried about Kavanaugh's record on the Fourth Amendment.
Brett Kavanaugh's Soft Spot for Police Abuses
The SCOTUS nominee takes a dim view of the Fourth and Fifth Amendments.
Kavanaugh and Executive Power—the Good, the Bad, and the Overblown
The debate over Judge Kavanaugh's views on executive power actually encompasses four separate issues. On some of them his views bode well for the future, on others not so much.
New Calls for the Supreme Court to Reconsider Qualified Immunity
Some unusual amicus briefs filed in support of cert. in Allah v. Milling
The Fight Over Brett Kavanaugh Is a Preview of a Future In Which All Political Arguments Are Health Care Arguments
Trump's SCOTUS nominee probably won't have an impact on Obamacare. But that won't stop Democrats from making the argument.
Judge Kavanaugh and Justice Kennedy's Free Speech Legacy
Justice Kennedy was the most speech-protective justice on a speech-protective court. What happens to free speech once he is replaced?
Judge Kavanaugh on the Confirmation Process
Those who have been through the process rarely have nice things to say about it.
Another Surprisingly Subversive Justice
Unlike the man who nominated him, Brett Kavanaugh understands the importance of an independent judiciary.
SCOTUS Nominee Brett Kavanaugh on the Fourth Amendment and Warrantless Bulk Data Collection
Where does Judge Kavanaugh stand on the Fourth Amendment?
What Should Libertarians Fear Most from SCOTUS Pick Brett Kavanaugh?: Podcast
Jonathan Adler says he's "supremely qualified," an originalist, and a critic of the administrative state. But he's a cipher when it comes to defendants' rights.
Trump Says He Hasn't Talked Abortion With Kavanaugh
Many Democrats have come out against Kavanaugh's nomination, arguing that he'll mean the end of Roe v. Wade.
Brett Kavanaugh's Discouraging Record on the First Amendment and 'Commercial Speech'
Where does Supreme Court nominee Brett Kavanaugh stand on the First Amendment?
Some Preliminary Thoughts on the Kavanaugh Nomination [Updated with additional material]
Judge Kavanaugh is a highly qualified jurist. I applaud several aspects of his record, while having reservations about others.
Justin Amash Says Brett Kavanaugh Is a 'Disappointing Pick' for Supreme Court
"Kavanaugh is not another Gorsuch-not even close."
Justice Kavanaugh (Updated)
Initial thoughts on the nomination of Brett Kavanaugh to the Supreme Court
Judge Kavanaugh and the Second Amendment
The text, history, and tradition methodology applied to D.C.'s unusually restrictive gun laws.
And the Next Supreme Court Justice Nominee Is Brett Kavanaugh
Following the resignation of Justice Anthony Kennedy, President Trump makes his second appointment to the Supreme Court of the United States.
Donald Trump's Supreme Court Pick Will Shred the Constitution! Or Save It!: Podcast
Trump freaks out Democrats with second SCOTUS pick; the Libertarian Party comes of age; how Steve Ditko created the modern action movie
SCOTUS Nominee Brett Kavanaugh Sees Perils of Aggressive Administrative State
Like Neil Gorsuch, the D.C. Circuit judge has criticized Chevron deference for encouraging executive arrogance.
8 Reasons Why Obergefell Won't Be Overturned
Justice Kennedy's decision forcing states to recognize same-sex marriage is not at risk
The Stare Decisis Court?
The Roberts Court has overturned precedents at a lower rate than its predecessors. Will this soon change?
Closing in on the Next Supreme Court Justice (Updated)
President Trump will soon name his second pick to the Supreme Court
SCOTUS Shortlister Brett Kavanaugh on Obamacare and Judicial Restraint
Reviewing the record of a possible replacement for Justice Anthony Kennedy.
SCOTUS Contender Brett Kavanaugh on Gun Rights, Search and Seizure, and Mens Rea
The D.C. Circuit judge is a strong defender of the Second Amendment but seems less inclined to accept Fourth Amendment claims.
SCOTUS Shortlister Raymond Kethledge on Free Speech, Gun Rights, Originalism, and Chevron Deference
Reviewing the record of a possible replacement for Justice Anthony Kennedy.
Another Justice Like Gorsuch, Please
Contrary to what his critics say, this "narrow-minded elitist" stands up for the little guy.
SCOTUS Shortlister Amy Coney Barrett on Overturning Precedent and Judicial Deference to Lawmakers
Reviewing the record of a possible replacement for Justice Anthony Kennedy.
62 Percent of Americans Want the Senate to Vote on Trump's Supreme Court Pick Before Midterms
The Senate should confirm or reject Trump's Supreme Court nominee before the November elections, poll respondents say.
The Case Against Court-Packing Revisited
Current liberal court-packing proposals are dangerously misguided - and for much the same reasons as last year's conservative court-packing plan.
Will Trump's Next SCOTUS Pick Be Able To Overturn Roe v. Wade?: Podcast
The short answer is no. The longer answer is maybe, a little at a time, and that's a problem. Plus, is 2018 turning into 1968, a year of high-profile violence?
Rand Paul: 'We Do Need a Pro-Life Justice, and I've Always Been in Favor of That'
The Kentucky Republican was asked if Trump should nominate a justice who thinks "an unborn child with a beating heart is a person."
When the Supreme Court Blessed the Imperial Presidency
The story of how classical liberal Justice George Sutherland enabled executive overreach abroad.
A Post-Roe World Would Pave the Way for a New Black Market in Abortion Pills
Forget coat-hangers and back alleys. The future of illegal abortions is online pharmaceuticals.
Willett, Bolick, Sykes: Three Great Picks to Replace Anthony Kennedy: Podcast
Damon Root explains what libertarians will lose and might gain from a SCOTUS shakeup.
