Will Another Court Vote to Strike Down Obamacare?
It sure looks like it.
Supreme Court
Blame Wilbur Ross's Clumsy Lies for the Census Mess
The commerce secretary could easily have reinstated the citizenship question if he had been less transparently dishonest.
The Trump Administration's Double Reversal on the Census Highlights the Difficulties of Dealing With a Mercurial President Who Rules by Tweet
Did Trump change his mind about the citizenship question twice, or did his underlings ignore him? Which is worse?
The ACA Cases Continue (Updated)
The U.S. Court of Appeals for the Fifth Circuit hears oral argument in Texas v. US on July 9, and SCOTUS will revisit the ACA next term.
Can Federal Partisan Gerrymandering Claims be Brought in State Court?
A strange ambiguity about yesterday's decision in Rucho v. Common Cause
Trump Will Win on DACA in the Supreme Court. He Should Cut a Deal Anyway.
What one executive does, another can undo.
Neil Gorsuch Disappoints Libertarians, Votes To Uphold Protectionist Liquor Law
The conservative justice would have permitted a nakedly anti-competitive regulation.
Final Decisions of SCOTUS Term Produce an Overton Park for the Twenty-First Century
Chief Justice Roberts' irked both Left and Right with his Census decision - encapsulating what we saw the entire SCOTUS term.
Supreme Court Gerrymandering Ruling Isn't the End of Democracy
State legislatures and Congress can (and probably should) take steps to limit partisan gerrymandering. This was never an issue for the courts to settle.
SCOTUS Ruling on Adding a Citizenship Question to the Census Shows Wilbur Ross Was Defeated by His Own Lies
The Court concludes that the commerce secretary's "contrived" explanation frustrated "meaningful judicial review."
Supreme Court Allows Warrantless Blood Draws of Unconscious Drivers
SCOTUS says it is constitutional for police to draw blood from unconscious drunk driving suspects.
Supreme Court Strikes Down Nonsensical Tennessee Liquor Law
Tennessee's residency requirement for retail license applicants "blatantly favors the state's residents and has little relationship to public health and safety," Justice Alito wrote.
Auer Deference Survives Supreme Court Review (as the Liberal Justices Rule the Day)
The Court's four liberal justicces joined the majority in all three of today's Supreme Court's decisions
Gorsuch and Alito Fight Over Criminal Sentencing and the Right to Trial by Jury
Another day, another conflict between the Supreme Court’s Republican appointees in a criminal justice case.
Expect More Government Secrecy in Business Relationships, Thanks to Supreme Court
Yesterday's Supreme Court ruling expanded when the government can keep business records secret. That's bad news for transparency
The Supreme Court Says Your Filthy Trademark Is Protected by the First Amendment
A 6-3 ruling says that the First Amendment protects brand names that are considered “immoral” or “scandalous.”
Kavanaugh Accuses Gorsuch of Judicial Activism in Criminal Justice Case
“The Court usually reads statutes with a presumption of rationality and a presumption of constitutionality.”
Is This Still the Stare Decisis Court?
The Roberts Court still overturns prior precedent at a lower rate than its post-War predecessors.
Clarence Thomas Benchslaps the Federal Government in a Property Rights Case
“Our role is to enforce the Takings Clause as written.”
Supreme Court Overrules Precedent that Created "Catch-22" for Property Owners Attempting to Bring Takings Cases in Federal Court
The close 5-4 ruling is an important victory for constitutional property rights.
Supreme Court Rules in Favor of Curtis Flowers, Man Tried 6 Times for Same Crime
The high court ruled that prosecutor Doug Evans violated Flowers' constitutional rights when Evans sought to keep African-Americans off of the jury.
Of Crosses, Deference and Delegation
A day of relatively small opinions from SCOTUS suggests big doctrinal developments may be on the horizon
In Sharp Dissent, Neil Gorsuch Faults SCOTUS for Letting the Attorney General 'Write His Own Criminal Code'
The conservative justice comes out swinging on behalf of the non-delegation doctrine.
Rampant Criminal Laws Make Bullies and Tyrants Rejoice
When "almost anyone can be arrested for something," no one is safe.
Gorsuch Joins Ginsburg in Decrying a 'Colossal Exception' to the Ban on Double Jeopardy
The Trump appointee is not impressed by the logic of the "dual sovereignty" doctrine: "Really?"
The Court Swims in Political Seas
Constitutional law is made by a politically constructed institution
Supreme Court Orders Oregon To Reconsider Gay Wedding Cake Case
SCOTUS wants to see anti-discrimination laws applied without religious bias.
Gorsuch, Thomas, and Kavanaugh Clash With Roberts and Alito Over Federal Preemption of State Regulation
Understanding today’s Supreme Court decision in Virginia Uranium, Inc. v. Warren
Is There an RBA (Roberts-Breyer-Alito) Axis on SCOTUS?
These three justices all share a pragmatic streak and they stuck together in three of four decisions decided today.
Is the Chevron Doctrine Really Such a Problem?
Concern about Chevron Deference Would Be Better Focused on Delegation
Neil Gorsuch and Stephen Breyer Butt Heads Over Judicial Deference to Federal Agencies
Understanding what's at stake in the important case of Kisor v. Wilkie.
Supreme Court Won't Reconsider Guantanamo Bay's Indefinite Detentions
A never-ending war may mean a life sentence for being classified as an enemy combatant.
Justice Stevens Admits Error in the Kelo Case—but Also Doubles Down on the Bottom Line
In his recent memoir, he admits he seriously misinterpreted precedent in one of his most controversial decisions, but maintains he still got the result right.
To Defeat Trump, New York Times Columnist Argues, We Must Abolish Judicial Review
Jamelle Bouie's counterintuitive recommendation would effectively eliminate constitutional limits on elected officials, including Trump and every demagogue who follows him.
Pirates, Pot, and Police: The Supreme Court Has Been Busy
Plus: intra-conservative culture war, Tulsi Gabbard on Snowden, and more…
Justices Ginsburg and Gorsuch Switch Sides
A truly interesting and unusual Supreme Court line-up.
No, I'm Serious. The Roberts Court Won't Save Trump from Impeachment
Sometimes Dershowitz gives really bad advice
How Often Has the U.S. Supreme Court Upheld a Federal Law?
An awful lot, but who's counting?
Brett Kavanaugh Flunks His First Test as an Originalist
If Kavanaugh is a committed originalist, you would never know it based on his complacent behavior in Timbs v. Indiana.
What to Make of the Supreme Court's Latest Abortion Case
SCOTUS sidesteps the hard questions in Box v. Planned Parenthood of Indiana and Kentucky.
Census Citizenship Question Pushed for by GOP Gerrymanderer
And that whole Voting Rights Act justification? Kinda the opposite, actually.
In Defense of "Virtual Briefing" (i.e. Blogging, Tweeting, Podcasting About Supreme Court Cases).
Some thoughts on a new draft article by Jeff Fisher and Alli Larsen
Dissenting From a Decision Blocking a Retaliatory Arrest Claim, Neil Gorsuch Notes That 'Almost Anyone Can Be Arrested for Something'
The Trump appointee warns that "little would be left of our First Amendment liberties" if cops could punish people who irk them by finding a legal reason to bust them.
The Supreme Court Case That Could Change Immigrant Representation in U.S. Courts
Nine years after his shooting death on the border, the family of Sergio Adrian Hernandez Guereca may finally get a chance to hold the border agent accountable.
How Often Has the U.S. Supreme Court Struck Down a Federal Law? Part II
More often than you might think
How Often Has the U.S. Supreme Court Struck Down a Federal Law?
Depends on who you ask.
A New History of Judicial Review
A new history of how the U,.S. Supreme Court has defined and enforced the limits of congressional power
Kavanaugh v. Gorsuch - Part Deux
Trumps two High Court nominees are jurisprudentially independent of one another.
