Why Are Liberals Suddenly Denouncing the Right to a Jury Trial?
Justice Sonia Sotomayor called the Supreme Court ruling in SEC v. Jarkesy "a power grab." She's right, but in the wrong way.
Supreme Court
SCOTUS Stays Enforcement of EPA's "Good Neighbor" Air Pollution Rule (Updated)
In a 5-4 decision, the male justices side with the state and industry challengers and the female justices side with the Environmental Protection Agency
Divided Over Purdue Pharma Deal, SCOTUS Unites in Accepting a Dubious OxyContin Narrative
The majority and the dissenters agree that the drug was "central" to "the opioid crisis," even though there is little evidence to support that thesis.
SCOTUS Rules SEC's In-House Handling of Securities Fraud Cases Violates the Right to Trial by Jury
The decision rejects a system in which the agency imposes civil penalties after investigating people and validating its own allegations.
SCOTUS Allows Emergency Abortions in Idaho
The decision reverses the Court's previous stay of a lower court decision blocking part of the law.
He Faced a Terrorism Probe, Went to Jail on a Gun Charge, and Now Is Charged With Drug Possession
Although the FBI never produced evidence that Ali Hemani was a threat to national security, it seems determined to imprison him by any means necessary.
SCOTUS Declines To Punish the Feds for Suppressing Social Media Speech
The verdict in Murthy v. Missouri is a big, flashing green light that jawboning may resume.
Supreme Court Sends Message with Narrow Standing Holding in Murthy v. Missouri
Even if one thinks the federal government crossed the line in pushing more aggressive social-media-platform content moderation policies, plaintiffs must still satisfy the traditional requirements of Article III standing.
A Government Veto on Speech at the Supreme Court
Murthy v. Missouri challenges government efforts to suppress dissenting viewpoints on social media.
Has SCOTUS Replaced One Kind of Unbridled Discretion With Another in Second Amendment Cases?
Although critics say the Court’s current approach is unworkable, it has been undeniably effective at defeating constitutionally dubious gun regulations.
The Supreme Court Isn't as Radical as You Think
There is a great deal of panic surrounding the "extreme" nature of the current Court. But that is often not based in reality.
Supreme Court to Consider State Ban on Gender Dysphoria Treatments for Minors (Updated)
The Court's grant of certiorari is limited to only one of the issues in this litigation.
Dobbs Recentered Women in the Abortion Debate
Two years after the Dobbs decision, Americans are increasingly concerned with how abortion bans affect women with wanted pregnancies.
The Supreme Court's Dubious Use of History in Department of State v. Munoz
Justice Amy Coney Barrett's majority opinion includes significant errors, and violates some of her own precepts against excessive reliance on questionable history.
The Supreme Court Again Strengthens the Right to a Jury Trial in Criminal Sentencing
Paul Erlinger was sentenced to 15 years in prison based largely on a determination made by a judge—not a jury.
SCOTUS Dodges a Crucial Problem With Disarming People Based on Restraining Orders
The Court says "a credible threat" justifies a ban on gun possession but does not address situations where there is no such judicial finding.
Supreme Court OT2023 in the Final Stretch
The justices are rushing to close out the term before the end of June.
SCOTUS Makes It Easier for Victims of Retaliatory Arrests To Vindicate Their First Amendment Rights
The justices ruled that "objective evidence" of retaliation does not require "very specific comparator evidence."
The Supreme Court May Be on the Brink of Radically Restricting Bureaucrats' Power
Chevron deference, a doctrine created by the Court in 1984, gives federal agencies wide latitude in interpreting the meaning of various laws. But the justices may overturn that.
Critics Fundamentally Misconstrue the Supreme Court's Bump Stock Ruling
The case hinged on the ATF’s statutory authority, not the Second Amendment.
Abortion, Guns, and Hunter Biden.
Plus: A listener asks the editors about the Selective Service.
Supreme Court OT2023 at the Middle of June
The justices still have over one-third of the term's cases remaining.
Supreme Court Upholds the Rule of Law by Rejecting the Trump Administration's Bump Stock Ban
Six justices agreed that federal regulators had misconstrued the statutory definition of a machine gun.
The 'Bombshell' Secret Alito Recording Was Not a Bombshell
The justice's benign comments set off a lengthy news cycle and have been treated as a scandal by some in the media. Why?
Justice Thomas Takes Aim at Associational Standing
In his AHM v. FDA concurrence, Justice Thomas suggests the Court needs to rethink associational standing and questions whether it comports with Article III.
Supreme Court: You Can't Trademark Your 'Trump Too Small' T-Shirts
As Justice Sonia Sotomayor noted during oral arguments, the right to sell a shirt is different from the right to be the only one who can sell that shirt.
Unanimous Supreme Court Rejects Abortion Pill Challenge
A "desire to make a drug less available for others does not establish standing to sue," wrote Justice Brett Kavanaugh in the Court's opinion.
Unanimous Supreme Court Finds No Standing to Challenge FDA Regulation of Mifepristone (UPDATED)
Not a single justice was impressed by the unimpressive standing theories offered in Alliance for Hippocratic Medicine v. FDA.
Trump's Abortion Dilemma
The "most pro-life president in American history" cannot please hardline activists without alienating voters.
Hunter Biden's Gun Conviction Does Not Resolve a Constitutional Dispute That Pits Him Against His Father
The president's son, who faces up to 25 years in prison for conduct that violated no one's rights, can still challenge his prosecution on Second Amendment grounds.
A Jumble of Legal Theories Failed To Give Trump 'Fair Notice' of the New York Charges Against Him
The lack of a clear rationale for charging Trump with 34 felonies raises a due process issue that is likely to figure in his appeals.
Donald Trump and Hunter Biden Face the Illogical Consequences of an Arbitrary Gun Law
Their cases illustrate the injustice of taking away people’s Second Amendment rights based on nonviolent crimes
Trump's Conviction Requires Him To Surrender His Guns. Civil Libertarians Should Be Troubled.
The former president's loss of his Second Amendment rights highlights an arbitrary restriction that applies to many people with no history of violence.
The NRA's Unanimous Supreme Court Victory Is Good for Free Speech—No Matter How You Feel About Guns
The ACLU, another polarizing organization, was willing to defend the NRA in court. That should tell you that some things aren't partisan.
These Strange Bedfellows Want SCOTUS To Remind the 5th Circuit That Journalism Is Not a Crime
An ideologically diverse mix of individuals and organizations supports a Texas journalist who was arrested for asking questions.
Supreme Court OT2023 at the End of May
The justices have been slow and quite agreeable -- so far.
Judge David Tatel on the Roberts Court, the Voting Rights Act, and the Notorious RBG
In a forthcoming book. retired Judge David Tatel offers candid thoughts and spills the tea.
'An Embarrassing Mistake': Neil Gorsuch Rails Into Florida's Use of 6-Person Juries
The Sixth Amendment was originally seen as vital to preserving liberty. Yet it has been consistently watered down.
In Hawaii, Permission To Use Medical Marijuana Precludes Permission To Own a Gun
The state's gun permit policy underlines the absurdity of assuming that cannabis consumers are too dangerous to be trusted with firearms.
Justice Sotomayor Speaks on Her "Desperation" on the Court
Recent remarks at Harvard may be a preview of what is to come.
A Cop's Corruption Allegedly Cost an Innocent Man 2 Years of His Life. Should She Get Qualified Immunity?
Judge Carlton Reeves ripped apart the legal doctrine in his latest decision on the matter.
Samuel Alito Was Foolish To Sell His Bud Light Stock
The conservative culture war boycott against Bud Light was actually a great time to buy stock in a successful company, even if you don't like Bud Light.
Mrs. Alito and the Bad Flag
Plus: Taiwan's TikTok strategy, Open AI resignations, nicotine freedom, and more...
Dobbs and the Originalists
Why originalist criticisms of Dobbs often misfire, and why criticisms *of* Dobbs's originalism often misfire too.
Here Is Why a Federal Judge Rejected Hunter Biden's Second Amendment Challenge to His Gun Charges
Likening drug users to people who are "mentally ill and dangerous," the ruling says barring them from owning firearms is not unconstitutional on its face.
Justice Thomas Raises Concerns About Increase in Expedited Appeals on "Shadow Docket"
Speaking at the Eleventh Circuit Judicial Conference, Justice Thomas echoes some of the concerns expressed by Justice Kavanaugh.
