Obamacare Returns to the Supreme Court - Yet Again
My take on today's decision to consider the Obamacare severability case.
Supreme Court
SCOTUS Denies Certiorari in Bump Stock Case (But Justice Gorsuch Blasts Lower Court's Reasoning)
A high-profile gun case actually presents meaty questions of administrative law
Gorsuch Throws Shade at Trump Administration for Rewriting Federal Gun Laws Without Congressional Approval
“Why should courts, charged with the independent and neutral interpretation of the laws Congress has enacted, defer to such bureaucratic pirouetting?”
Red State Challenge to Affordable Care Act Goes to SCOTUS (But the Arguments Remain Incredibly Weak) (Updated)
Today's cert grant is based on the importance of the case, not the quality of the arguments
The Looming Supreme Court Showdown Over Sanctuary Cities
The legal battle over immigration, federalism, and executive power heats up.
Bivens Liability and Its Alternatives
If the Court is going to abolish the 20th century remedies, can we at least have the 19th century remedies back?
Supreme Court Weighs Free Speech and the Right to Encourage Illegal Immigration
The justices heard oral arguments this week in United States v. Sineneng-Smith.
Supreme Court: Mexican Family Can't Sue Border Patrol Agent in Cross-Border Shooting
"A cross-border shooting claim has foreign relations and national security implications."
Can a City Refuse To Use a Foster Agency That Discriminates Against Same-Sex Couples?
The Supreme Court is about to tackle the issue.
Can Senseless Gun Regulations Be Constitutional?
Under New York's rules, licensed pistol and revolver owners were not allowed to leave home with their handguns unless they were traveling to or from a shooting range.
The First Amendment Right To Encourage Illegal Immigration
What’s at stake in United States v. Sineneng-Smith.
A Michigan Police Task Force Is Playing Jurisdiction Games To Avoid Compensating an Innocent Man Cops Put in the Hospital
The Institute for Justice calls on the Supreme Court to put a stop to it.
A Nondelegation Challenge to Trump's Travel Bans [updated to include some additional material]
Other possible legal challenges to Trump's expanded travel ban may be precluded by the Supreme Court's ruling in Trump v. Hawaii. This one is not.
The Government Says These Men Have No Recourse Against FBI Agents Who Used the 'No Fly' List To Punish Them
The Supreme Court will decide whether three Muslims who refused to be informants can sue for damages under the Religious Freedom Restoration Act.
The Supreme Court Tackles Police Shootings, Excessive Force, and the Fourth Amendment
What’s at stake in Torres v. Madrid
Bernie Sanders' Alternative to Court-Packing is Almost as Bad
It may be better only in so far as it is much more likely to get invalidated by the courts.
A Proposal for a New Federal Clerkship Hiring Plan (When The Current One Collapses)
It's time to stop trying to cartelize the market for law clerks
This New Deal Precedent May Decide the Fate of Elizabeth Warren's Consumer Financial Protection Bureau
What’s at stake in Seila Law v. Consumer Financial Protection Bureau.
This Crackdown on a Jury Nullification Activist Violates the First Amendment
What’s at stake in Michigan v. Wood
In Trump Subpoena Fight, the Supreme Court Weighs Executive vs. Congressional Power
A major constitutional clash is unfolding at SCOTUS.
Sanders Wants More Supreme Court Justices Like Sotomayor. That's Not a Bad Idea.
The presidential hopeful weighs in on the Supreme Court.
The Supreme Court Weighs School Choice and Religious Liberty
What’s at stake in Espinoza v. Montana Department of Revenue
Can Courts Consider Severability Before Other Questions?
An interesting amicus brief by Professor John Harrison in Seila Law LLC v. CFPB
Forthcoming Article on "Overturning a Catch-22 in the Knick of Time: Knick v. Township of Scott and the Doctrine of Precedent"
The article explains why the Supreme Court was justified in overruling longstanding precedent in this important recent constitutional property rights case.
Supreme Court Leaves Obamacare Trapped in Legal Limbo
The justices declined a Democratic request to fast track a decision on the law.
Does Letting Police Enter Your House Give Them Permission To Wreck It?
The Institute for Justice asks the Supreme Court to clarify a doctrine that shields cops from responsibility for outrageous conduct.
Precedent Matters at the Supreme Court—Until It Doesn't
A new abortion case raises an old question.
What If a Citizenship Question Doesn't Meaningfully Reduce Census Response Rates After All?
Newly released data suggests Census analysts dramatically over-estimated the extent to which a citizenship question would discourage responses.
Lawson on Conservatives versus Constitutionalists
Is the Rule of Law a Law of Rules or a Law of Law? Some conservatives seem to prefer the former. Should they?
Rudy Giuliani Wants the Supreme Court To Nullify Trump's 'Unconstitutional' Impeachment
The legal basis for such a ruling is hard to find.
Now That It's Toothless, Obamacare's Individual Mandate Is Unconstitutional
The shifting understanding of the requirement to buy health insurance elevates form above substance.
When Shelters Are Full, Can Cities Herd Homeless People Into Jails?
The Ninth Circuit says no, and the Supreme Court isn't weighing in.
On the Timing of Judicial Decisions: The Case of Bowers v. Hardwick
Influencing when a decision is issued can affect the attention it receives.
Supreme Court Declines To Hear Challenge to Local Inclusionary Zoning Ordinance
The decision leaves intact local governments’ power to force private developers to build affordable housing.
Justice Thomas Beats Out Justice Ginsburg for First Signed Opinion of OT 2019
The Notorious RBG is a notoriously quick opinion writer, but not this year.
Alito Faults Supreme Court for Refusing to Hear 'Disfavored Speech' Case
“If the Court is serious about protecting freedom of expression, we should grant review.”
Can Senseless Gun Regulations Be Constitutional?
New York City’s successful defense of its arbitrary restrictions on transporting handguns highlights judicial disrespect for the Second Amendment.
New York City, Which Defended Its Onerous Gun Transport Restrictions As Necessary for Public Safety, Concedes They Weren't
Several justices seem skeptical of the claim that revising the rules after SCOTUS agreed to consider a challenge to them made the case moot.
Gun Control Returns to the Supreme Court
The justices will hear oral arguments today in a major Second Amendment case.
Kavanaugh Joins Gorsuch in Fight To Revive Nondelegation Doctrine
An important development in the legal wrangling over the separation of powers.
Justice Kavanaugh on Delegation and Major Questions (Updated)
The Supreme Court will not rehear Gundy v. United States, but Justice Kavanaugh seems ready to revisit the doctrine.
With This Forfeiture Trick, Innocent Owners Lose Even When They Win
The Institute for Justice asks the Supreme Court to block sneaky tactics that prevent victims of property grabs from recovering their legal costs.
"I Don't Think We've Had Any [Constitutional] Crises in My Lifetime": Judge Douglas H. Ginsburg
The legendary jurist and champion of "originalism" who withdrew his name from Supreme Court consideration weighs in on Donald Trump's impeachment, Brett Kavanaugh, Neil Gorsuch, and his upcoming PBS series on the Constitution.
DACA Has Its Day at the Supreme Court
Plus: New York's rent control expansion has predictable effects, people are boycotting Uber again, and violence continues in Hong Kong.
Mark Janus doesn't get his money back
The Seventh Circuit's ruling on remedies for Janus violations
