Brett Kavanaugh Explains Why He Voted to Grant Buddhist Inmate's Stay of Execution
The Supreme Court ruled 7-2 last night to grant Patrick Murphy's petition for a stay.
Supreme Court
Hovercraft-Driving Moose Hunter Is Big Winner at SCOTUS Today
John Sturgeon can once again "rev up his hovercraft" to hunt moose on Alaska's rivers, the Supreme Court ruled unanimously.
Dangers of Growing Support for Court-Packing
There is growing support for packing the Supreme Court among liberal Democrats, including some presidential candidates. It's a terrible idea that would severely damage the institution of judicial review, if ever implemented. Thoughtful liberals would do well to reject it.
Supreme Court Gives Feds a Long Leash To Detain Immigrants With Criminal Records
Conservative majority declines to consider constitutional concerns of holding noncitizens without hearings.
The Supreme Court's Online Sales Tax Ruling Is Already a Huge Headache for Small Businesses
An overlooked ruling could force small businesses to pay sales tax in dozens, even hundreds, of jurisdictions where they have no representation.
Supreme Court Declines To Consider Whether a Bed and Breakfast Can Discriminate Against Gay Couples
A state-level decision against the property owner shows the limits of the Supreme Court's wedding cake ruling.
SCOTUS Still Won't Allow TV Cameras -- But What About Same-Day Audio
The Court has released same-day audio of oral arguments before. Why can't it be a regular practice?
Colorado and Baker End Fight Over Whether He Can Be Forced To Make a Transgender Cake
Both sides agree to stand down. First Amendment precedents were on the baker's side.
Justice Gorsuch Side-Swipes Chevron
In a dissenting opinion, Justice Gorsuch suggests it's a good thing when parties don't rely upon the Chevron doctrine.
In Giant Cross Case, Justices Struggle to Clean Up a 'Dog's Breakfast' of Confusing Precedents
The alternatives suggested by defenders of the monument do not seem much better.
Can a Giant Christian Cross Be Secular?
The challenge to a World War I memorial in Maryland illustrates the confusion caused by the Supreme Court's Establishment Clause cases.
Justice Department Asks Court to Narrow Auer Deference
In a just-filed brief, the Trump Administration asks Supreme Court to reduce the degree of deference government agencies receive.
Brett Kavanaugh Flunks His First Test as an Originalist
Unlike Thomas and Gorsuch, Kavanaugh stayed mum on originalism in a major constitutional case.
Supreme Court Delivers Unanimous Victory for Asset Forfeiture Challenge
The Eighth Amendment prohibition against excessive fines and fees applies to states as well, SCOTUS rules, opening a new way to challenge outlandish forfeitures.
This SCOTUS Precedent Is Bad News for Trump's Emergency Border Wall Declaration
"Extraordinary conditions do not create or enlarge constitutional power."
Justice Thomas's Skepticism of New York Times v. Sullivan
First Amendment limitations on libel and other torts are complicated
SCOTUS Won't Hear Defamation Case Against Bill Cosby; Clarence Thomas Has Issues with Landmark First Amendment Ruling [UPDATED]
Thomas thinks the Supreme Court may have erred in its 1964 NYT v. Sullivan ruling.
Let the WOTUS Wars Commence
The EPA and Supreme Court set the stage for important legal decisions on the scope of the Clean Water Act.
Kavanaugh Gives Mixed Signals in First Supreme Court Abortion Ruling
In a 5-4 decision, the Court issued a temporary stay of a Louisiana law that could put abortion doctors out of business.
The Execution of Domineque Ray
Some troubling uncertainties in a case of troubling allegations of religious discrimination
A Libertarian Litigator Dons the Judge's Robes
Clint Bolick, a co-founder of the Institute for Justice, was for years one of the libertarian movement's most successful trial lawyers.
Have Gun, Can't Travel
New York City's arbitrary restrictions on transporting firearms give SCOTUS a chance to curtail rampant disrespect for the Second Amendment.
Supreme Court Won't Hear Case of High School Coach Fired for Praying on the Field
The conservative justices listed a key factor preventing them from hearing the case.
Supreme Court To Consider Whether New York City Can Keep Legal Gun Owners From Taking Guns Outside City
In first Supreme Court Second Amendment case since 2010, Court must decide whether the right applies in any meaningful sense outside the home.
SCOTUS Says Trump's Transgender Military Ban Can Take Effect…for Now
The Court voted along ideological lines.
Is the 21st Amendment a Free Pass for Liquor Protectionism?
Tennessee alcohol merchants are asking the Supreme Court to uphold an absurd residency requirement that shields them from competition.
Did SCOTUS Just Rule That Pickpocketing Is a 'Violent Felony'?
Justice Sonia Sotomayor has some concerns.
The Supreme Court's First Divided Opinion of the Term
A 5-4 decision, but not along the lines we usually expect.
Supreme Court to Consider Whether Police Can Order Blood Draws from Unconscious Drivers
Warrantless "implied consent" laws are under review over Fourth Amendment concerns.
The Supreme Court's Decision To Duck a Foie Gras Case Is Bad News for Food Freedom
SCOTUS' decision not to hear the case could lead to a vicious food fight between the states
Liberty Has a New Champion on the Federal Bench
Don Willett has championed economic freedom and accountability for cops.
Are Boycotts Protected by the First Amendment?
Only if you like the cause they serve, according to supporters of laws that target the anti-Israel BDS movement
Gorsuch and Sotomayor Join Forces in Defense of Sixth Amendment Rights
It's not the first time the two justices have teamed up on a criminal justice case.
Supreme Court Will Hear Two New Gerrymandering Challenges
A Republican gerrymander in North Carolina and a Democratic gerrymander in Maryland give the court another chance to set some rules for redistricting.
Judge Blocks New York City Law Demanding Airbnb Share Reams of Private Host Data
Online room-sharing services had no avenue to legally challenge demands for private info.
Stossel: End Racial Preferences at Colleges?
Asians sue Harvard for discrimination in a case that may end college racial preferences.
How Far Should Blame for Asbestos Go?
Thanks to its role overseeing maritime law, the Supreme Court will soon rule on liability limits for manufacturers adjacent to the asbestos industry.
Supreme Court Blocks Trump's Attempt To Change Asylum Law
The U.S. Citizenship and Immigration Services allows those who are physically present in the U.S. or have entered at a port of entry to apply for asylum.
Case Involving Baker Who Refused To Make a Transgender-Friendly Cake Pushes Forward
Is he rejecting a customer or rejecting a message? The difference matters.
Gorsuch Challenges Blank Check for the U.S. Attorney General
A case to watch for both criminal justice reformers and for critics of executive overreach.
Does a State Law That Bars Newcomers From Selling Liquor Violate Their 'Privileges or Immunities'?
In a case SCOTUS will hear next month, victims of Tennessee's protectionism argue that it flouts the 14th Amendment as well as the Commerce Clause.
Brett Kavanaugh Joins With Liberal Justices; SCOTUS Won't Hear Planned Parenthood Defunding Cases
"If Kavanaugh was going to deal a major blow to health care rights during his first session on the court, this would have been the case to do it."
Repudiating the 'Dual Sovereignty' Exception to the Double Jeopardy Clause Could Undermine the Federal War on Weed. Oh No!
The Supreme Court seems disinclined to overturn precedents allowing serial prosecutions of the same crime.
Stop Ignoring Double Jeopardy
The Supreme Court should reconsider the misbegotten "dual sovereignty" doctrine.
