Supreme Court Ruling Means More People Who Plead Guilty Can Appeal
A self-proclaimed "constitutional bounty hunter" is unlikely to be freed, but his case sets a significant precedent for criminal appeals.
Supreme Court
My Podcast Debate on Mandatory Union Fees and the First Amendment
The National Constitution Center invited Alicia Hickok and me to debate Janus; Ms. Hickok wrote an amicus brief supporting Janus, and I signed an amicus brief supporting the AFSCME.
Stossel: Supreme Court Ruling May Crush Unions
The Supreme Court hears a case that might crush government unions. The unions are upset. Stossel debates a union official.
Supreme Court Case Could Spell End of Mandatory Public Sector Union Dues
Would extend "right to work" principles to government employment.
The Two Sides of Collective Bargaining: A Way of Looking at the First Amendment Question in Janus
The government always compels taxpayers to fund the management side of management-labor bargaining in public workplaces. Given this, why should there be a First Amendment problem with compelled funding (through agency fees as well as taxes) of both sides?
Supreme Court Won't Review 10-Day Waiting Period for Gun Purchases, Clarence Thomas Dissents
"The right to keep and bear arms is apparently this Court's constitutional orphan."
Ruth Bader Ginsburg Thinks Some College Title IX Trials Are Unfair to the Accused
Supreme Court justice says the #MeToo movement is important, but so is due process.
Justice Ginsburg Criticizes Lack of Due Process on Campus
In a wide-ranging interview, the "Notorious RBG" suggests colleges campuses are not providing adequate process to the accused.
3 Supreme Court Cases to Watch This Month
Here are the SCOTUS cases to watch in February.
Justice Ruth Bader Ginsburg > "Notorious RBG"
Professor Rick Hasen on why its a bad idea to treat Supreme Court justices like celebrities (and why justices should not embrace their celebrity either).
Mitch McConnell Thinks His Greatest Achievement Is the Judges His Senate Confirmed
The Senate confirmed a record number of federal appellate court nominees in 2017.
When the Constitution Was 'At War With Itself,' Frederick Douglass Fought on the Side of Freedom
A new appreciation of the great abolitionist on the 200th anniversary of his birth.
Neil Gorsuch and Samuel Alito Butt Heads Over the Fourth Amendment, Again
Gorsuch advances another property rights theory of the Fourth Amendment that Alito rejects.
The Supreme Court's Big Public Sector Union Case Is Really About Free Speech
Can public sector unions force recalcitrant workers to pay dues, or does that violate the First Amendment?
We Have Opinions (from SCOTUS)
The Supreme Court issues three opinions, for a grand total of four so far this term.
Suspicionless Immigration Bus Sweep Caught on Video
If you hear "papers, please" on a Greyhound, thank the Supreme Court.
The Limits of Textualism and the Union Agency Fee Case
I'm all for carefully reading the words of the Constitution, and applying the distinctions that it draws -- but we need to make sure we're understanding just what those distinctions are.
Why There's No First Amendment Problem With Compulsory Union Agency Fees
Will Baude and I have cosigned a new amicus brief on this in Janus v. AFSCME.
A Big Supreme Court Term Just Got Bigger
The Supreme Court agrees to hear challenges to Travel Ban 3.0
Internet Taxes, the Supreme Court, Old Decisions, and New Facts
A very interesting analysis of the Supreme Court's new Internet tax case (South Dakota v. Wayfair, Inc.), by Notre Dame Prof. Randy Kozel.
Where Are the Supreme Court's Opinions?
The Supreme Court is releasing opinions at the slowest rate in over a century.
How the Supreme Court Is Aiding and Abetting Occupational Licensing Abuse
Williamson v. Lee Optical of Oklahoma, Inc. should be overruled.
New York City Unleashes Eminent Domain Abuse on Immigrant Dry Cleaners in East Harlem
Another day, another shady land grab scheme by New York officials.
No, Trump Still Can't Outlaw Mocking Him
When it comes to "opening up" the First Amendment, the president's bark is worse than his bite.
Can the 'Automobile Exception' Run Over the Fourth Amendment?
Justices hear challenge to Virginia court's expansion of warrantless vehicle searches.
Exciting Developments in Supreme Court Appellate Jurisdiction
Some would call it the second coming of Marbury v. Madison.
Blame the Supreme Court for Letting the Feds Target Legal State Pot
The awful precedents that helped empower Attorney General Jeff Sessions
Can Land Uninhabitable by an Endangered Species Nonetheless Be 'Critical Habitat' Under the Endangered Species Act?
The Supreme Court is asked to review an expansive interpretation of the Fish & Wildlife Service's authority to designate critical habitat for listed species.
The Fourth Amendment, the Exclusionary Rule, and Illegal Government Searches
Why illegally obtained evidence is generally inadmissible in court.
Is Lucia Still Cert-Worthy?
While the Trump Administration supports Supreme Court review, it's not clear there's enough in the case to interest the justices.
States Partner to Sue Massachusetts, California Over Costly Livestock Bans
Two states attempt to dictate how farmers outside their boundaries treat their animals.
Justices Alito and Gorsuch Clash Over Cellphones, Privacy, and Property Rights
Oral arguments in Carpenter v. U.S. reveal a division between two conservative justices.
Senate Confirms Libertarian-Minded Jurist Don Willett to Federal Judgeship
Willett confirmed to a seat on the 5th Circuit by 50-47 vote.
Did the Alabama Special Election Increase the Odds of Justice Kennedy's Retirement?
If Anthony Kennedy would like to see his successor confirmed by the Senate, he might decide June 2018 is a good time to go.
Everything You Wanted To Know About The Volokh Conspiracy: Podcast
Eugene Volokh runs the most important legal blog in the country. Here's his take on gay wedding cakes, free speech, and President Trump's judicial appointments.
A U.S. Citizen Suspected of Joining ISIS Has Been Held for Months Without Charges or a Lawyer
The Supreme Court ruled in 2004 that Americans get due process when accused of terrorism, and yet...
Supreme Court Won't Decide Whether Civil Rights Act Bans Anti-LGBT Discrimination
Lower courts are split on whether sex-based protections cover orientation.
Trump's Executive Order on Sanctuary Cities Flunks the Constitutional Test
Why the Trump administration lost in federal court.
These Three Cases Define This Month at the Supreme Court Term: Podcast
How to think about gay wedding cakes, Fourth Amendment rights, and whether the federal government can ban sports betting. Plus: How will Neil Gorsuch vote?
Texas Justice Don Willett Is One Step Closer to Being Confirmed to the Federal Bench
Senate Judiciary Committee votes 11-9 to advance Willett's nomination to the Senate floor.
Justice Dept. Opposes Mandatory Union Dues for Public Employees, Reversing an Old Position
DOJ argues workers are being forced to subsidize political positions with which they may disagree.
Kentucky Top Court to Consider Shop's Refusal to Print Gay Pride T-Shirts
This is a clear-cut case of unconstitutional compelled speech with an easy verdict.
Chris Christie's Situational Federalism
New Jersey's governor says states have a right to legalize sports betting but not marijuana.
Can States Compel You to Bake a Cake Against Your Will? The Supreme Court Will Decide.
Masterpiece is the first such case to make it to the justices.
Supreme Court Allows Trump's Travel Ban to Go Into Full Effect
But legal challenges to the ban are still ongoing.
