Should Courts Defer to Agency Litigating Positions?
How much deference should amicus briefs and agency advocacy receive from the courts?
Supreme Court
Kennedy's Departure Probably Will Give Us a Court More Inclined to Defend Gun Rights
The retiring justice seems to have been a crucial obstacle to hearing Second Amendment cases.
Sadly, Ross Ulbricht's Case Will Not Be Heard by the Supreme Court
Despite Carpenter upending Fourth Amendment doctrine, the Supremes leave the Silk Road founder in prison for life.
Say Goodbye to the Kennedy Court
Justice Kennedy's retirement will have a significant impact on the Roberts Court beyond its ideological makeup.
Assessing Justice Kennedy's Legacy
A Politico symposium offers assessments by a wide range of legal scholars and commentators. And I offer some additional thoughts of my own.
Could Sen. Mike Lee Replace Justice Anthony Kennedy on the Supreme Court?
His is one of 25 names on the White House's official list of potential Supreme Court picks.
The Janus Dissent's Odd Underreading of Government Employee Speech Rights
"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.
Janus v. AFSCME : Will Ending Mandatory Dues Kill Public-Sector Unions?: Podcast
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.
How a New SCOTUS Ruling on Abortion Could Permanently Alter Economic Regulation
"The majority's view, if taken literally, could radically change prior law," warn the Court's liberal justices.
Justice Anthony Kennedy Is Retiring and All Hell Is About to Break Loose
It's the end of an era at the U.S. Supreme Court.
The Limited Effects of the Supreme Court's Janus Decision
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.
Gorsuch Was More 'Liberal' Than Kennedy This Term, in an Unusual Supreme Court Twist
Comparing the records of two right-of-center justices.
Mandatory Union Dues Violate Workers' First Amendment Rights, SCOTUS Rules
A landmark victory for workers' rights will have major ramifications for the future of public sector unions.
The Second Amendment 'Has Become Optional'
A decade after recognizing a constitutional right to armed self-defense, the Supreme Court remains reluctant to defend it.
Carpenter Supreme Court Decision Should Lead To Rethinking Ross Ulbricht's Conviction
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.
Supreme Court Rules 5-4 in Favor of Trump's Travel Ban
"The Government has set forth a sufficient national security justification to survive rational basis review."
Supreme Court Rejects Challenge to "Travel Ban"
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.
Is 'Civility' Possible, Let Alone Desirable, in Trump's America?: Podcast
Reason editors grapple with disassociation etiquette, family separation, third-party legal doctrine, health association plans, and the existential despair of Fozzie Bear
After Gay Wedding Cake Ruling, Supreme Court Punts Floral Arrangements Case
Washington State told to revisit ruling against Arlene's Flowers.
20 Opinion Line-Ups and Counting
The Supreme Court justices divide among themselves in many different ways.
Neil Gorsuch Joins Sonia Sotomayor in Questioning the Third-Party Doctrine
In a case involving cellphone location data, Gorsuch says entrusting information to someone does not mean surrendering your Fourth Amendment rights.
Huge Win for Everyone With a Cellphone (and for the Fourth Amendment) at the Supreme Court
SCOTUS rejects warrantless cellphone location tracking in Carpenter v. United States.
What Do Justices Gorsuch and Justice Breyer Have in Common?
Still more interesting line-ups from SCOTUS
Stare Decisis and Judge-Made Law
What today's decision in South Dakota v. Wayfair might tell us about the future of qualified immunity
Immigration Hardliners Lose Today in an 8-1 Supreme Court Ruling
The ruling also raises questions about the future viability of "Chevron deference."
Supreme Court Rules States Can Demand Outside Online Retailers Collect Sales Taxes
A blow against federalism, tax competition, and small businesses trying to expand.
Does Justice Kennedy Want to Restore Chevron's Domain? (Updated)
Justice Kennedy calls for reconsidering parts of the Court's Chevron jurisprudence.
More Interesting Supreme Court Line-Ups Today
The Court broke in untraditional ways in making decisions about taxing internet sales and the Appointments Clause
A New Draft: "Adjudication Outside Article III"
A new draft article on so-called "non-Article III courts" with implications for the pending case of Dalmazzi v. United States.
In Gerrymandering Ruling, Supreme Court Refuses to Settle Partisan Squabbling Over Fairness
Chief Justice John Roberts makes clear he cares about individual rights, not collective grievances.
Supreme Court Agrees to Hear Significant New Case About Civil Asset Forfeiture and the Bill of Rights
The justices will hear oral arguments next term in Timbs v. Indiana.
Today's Unusual SCOTUS Lineup(s)
Masterpiece Cakeshop is not the only decision to surprise this term.
SCOTUS Rules 7-2 Against State Law Banning 'Political' Attire at Polling Places
A big win for First Amendment advocates in Minnesota Voters Alliance v. Mansky.
My Guest Appearance on First Mondays: "Stale Cake"
I discuss last week's Supreme Court opinions and much more with Professors Dan Epps and Ian Samuel.
Anthony Kennedy Disappointed Everybody in Masterpiece Cakeshop. No Surprise, He's Done It Before.
The mercurial justice lets everybody down, again.
SCOTUS May Yet Approve Gay Wedding Cake Demands
Despite its ruling in favor of a Colorado baker, the Court remains hostile to religious exemptions from anti-discrimination laws.
(When) Should Lower Courts Try to Predict Supreme Court Rulings?
A plea for a more refined view, inspired by yesterday's decision in Hughes.
Supreme Court Rules for Baker in Gay Wedding Cake Case But Carefully Avoids Central Debate
This 7-2 ruling is more about Colorado's biased enforcement of discrimination law than freedom of expression.
A Libertarian on the Bench
Arizona jurist Clint Bolick targets judicial pacifism in medical marijuana case.
YouTube Won't Host Our Homemade Gun Video. So We Posted It on PornHub Instead.
Our video is awesome. But nothing in the First Amendment says YouTube has to run it.
Ross Ulbricht Is Serving a Double Life Sentence
His mother, Lyn Ulbricht, talks about her son's life in maximum security prison and their Supreme Court hopes for the Silk Road case.
Will "Making a Murderer" Make Its Way to the Supreme Court?
What are the chances the justices will consider Brendan Dassey's cert petition cert worthy?
Supreme Court Rules 8-1 Against Warrantless Police Search in Important Fourth Amendment Case
SCOTUS rejects warrantless search of vehicle parked in the "curtilage" of private home.
10 Years After Heller, Does 'Normalizing' the Second Amendment Mean Ignoring It?
The Supreme Court has been almost completely silent on the subject of gun rights, leaving important issues unresolved.
The D.C. Circuit Will Soon Livestream Oral Arguments
And yet the Supreme Court is still reluctant to release same-day audio recordings.
