SCOTUS Shortlister Brett Kavanaugh on Obamacare and Judicial Restraint
Reviewing the record of a possible replacement for Justice Anthony Kennedy.
Reviewing the record of a possible replacement for Justice Anthony Kennedy.
The D.C. Circuit judge is a strong defender of the Second Amendment but seems less inclined to accept Fourth Amendment claims.
Reviewing the record of a possible replacement for Justice Anthony Kennedy.
Contrary to what his critics say, this "narrow-minded elitist" stands up for the little guy.
Reviewing the record of a possible replacement for Justice Anthony Kennedy.
The Senate should confirm or reject Trump's Supreme Court nominee before the November elections, poll respondents say.
Current liberal court-packing proposals are dangerously misguided - and for much the same reasons as last year's conservative court-packing plan.
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?
The Kentucky Republican was asked if Trump should nominate a justice who thinks "an unborn child with a beating heart is a person."
The story of how classical liberal Justice George Sutherland enabled executive overreach abroad.
Forget coat-hangers and back alleys. The future of illegal abortions is online pharmaceuticals.
Damon Root explains what libertarians will lose and might gain from a SCOTUS shakeup.
How much deference should amicus briefs and agency advocacy receive from the courts?
The retiring justice seems to have been a crucial obstacle to hearing Second Amendment cases.
Despite Carpenter upending Fourth Amendment doctrine, the Supremes leave the Silk Road founder in prison for life.
Justice Kennedy's retirement will have a significant impact on the Roberts Court beyond its ideological makeup.
A Politico symposium offers assessments by a wide range of legal scholars and commentators. And I offer some additional thoughts of my own.
His is one of 25 names on the White House's official list of potential Supreme Court picks.
"If an employee's speech is about, in, and directed to the workplace, she has no 'possibility of a First Amendment claim,'" say the dissenters -- but that's not what the First Amendment caselaw says.
Today's Supreme Court ruling is a win for freedom of association and free speech, but don't expect it to change statehouse politics overnight.
"The majority's view, if taken literally, could radically change prior law," warn the Court's liberal justices.
It's the end of an era at the U.S. Supreme Court.
States that want to allow public sector unions, and avoid "free-rider" problems, should still be able to do that -- just by paying unions directly, rather than via compelled agency fees.
Comparing the records of two right-of-center justices.
A landmark victory for workers' rights will have major ramifications for the future of public sector unions.
A decade after recognizing a constitutional right to armed self-defense, the Supreme Court remains reluctant to defend it.
The government's prosecution of the Silk Road founder depended on a Fourth Amendment doctrine made questionable by Carpenter's new respect for the information accessible via modern technology.
"The Government has set forth a sufficient national security justification to survive rational basis review."
In a narrow, 5-4 decision, the Supreme Court overturns lower court injunction against Travel Ban 3.0, while also declaring Korematsu has been overruled.
Reason editors grapple with disassociation etiquette, family separation, third-party legal doctrine, health association plans, and the existential despair of Fozzie Bear
Washington State told to revisit ruling against Arlene's Flowers.
The Supreme Court justices divide among themselves in many different ways.
In a case involving cellphone location data, Gorsuch says entrusting information to someone does not mean surrendering your Fourth Amendment rights.
SCOTUS rejects warrantless cellphone location tracking in Carpenter v. United States.
Still more interesting line-ups from SCOTUS
What today's decision in South Dakota v. Wayfair might tell us about the future of qualified immunity
The ruling also raises questions about the future viability of "Chevron deference."
A blow against federalism, tax competition, and small businesses trying to expand.
Justice Kennedy calls for reconsidering parts of the Court's Chevron jurisprudence.
The Court broke in untraditional ways in making decisions about taxing internet sales and the Appointments Clause
A new draft article on so-called "non-Article III courts" with implications for the pending case of Dalmazzi v. United States.
Chief Justice John Roberts makes clear he cares about individual rights, not collective grievances.
The justices will hear oral arguments next term in Timbs v. Indiana.
Masterpiece Cakeshop is not the only decision to surprise this term.