The Case of the Notorious RBG
Examining the life and legend of Ruth Bader Ginsburg
Supreme Court
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.
Neil Gorsuch, Civil Asset Forfeiture, and the Original Meaning of the 14th Amendment
Where does Justice Gorsuch stand on the Privileges or Immunities Clause?
Indiana Solicitor General: It's Constitutional to Seize a Car for Driving 5 MPH Over the Speed Limit
Supreme Court Justice Stephen Breyer elicited a shocking response during Wednesday's oral argument in a big civil asset forfeiture case.
Profitable Penalties Imperil Justice
The Supreme Court should make it clear that state forfeitures are constrained by the Excessive Fines Clause.
Is Kids Climate Case Coming to an End?
The "trial of the century" may not happen after all.
Gorsuch and Sotomayor Fault SCOTUS for Declining to Hear Important Criminal Justice Case
The two jurists dissent from denial of certiorari in Stuart v. Alabama.
The 5 Worst Supreme Court Rulings of the Past 50 Years
Cases in which a majority of the Court fell down on the job.
Compelled Subsidies and the First Amendment
Why both the dissent and majority in Janus were wrong, and what the next lawsuits may look like.
Is a Privacy Violation an "Injury"?
The Supreme Court's call for supplemental briefing in Frank v. Gaos will lead it to a difficult question.
Steve King Slams NRCC for Supporting Gay Candidate, Hopes Kagan and Sotomayor 'Elope to Cuba'
The Iowa Republican is dialing up the anti-gay rhetoric.
We Have An Opinion (from SCOTUS)
The Supreme Court issues its first OT2018 decision in an argued case.
Supreme Court Declines Case Challenging New Jersey's Near Elimination of Cash Bail
As more reforms take hold, expect more challenges-especially if states end up detaining more people.
Arizona Liberals Are Working Hard to Unseat This Libertarian Justice
Clint Bolick faces a judicial retention fight.
The Next Big Fight Over Organized Labor May Already Be Here
Striking down exclusive representation would allow labor organizers to give the boot to free-riding employees.
Will Supreme Court Tackle More LGBT Cases Next Term?
Justices are being asked yet again to argue about wedding cakes and whether the Civil Rights Act covers discrimination against gay and transgender people.
Judge Don Willett Stands Out on Criminal Justice Reform
The 5th Circuit judge weighs in on qualified immunity, criminal sentencing, and false imprisonment.
Can a Constitutional Amendment Forestall the Threat of Court-Packing?
Jim Lindgren proposes a constitutional amendment banning court-packing. I'm all for it. But it can only pass if liberal Democrats get some reciprocal concession to support it.
The Supreme Court Will Hear Two Big Criminal Justice Cases Later This Year
The Court could strike a major blow for civil asset forfeiture reforms in the states and finally do away with an awful double jeopardy loophole.
Making Amends for Korematsu
The 1944 ruling validated FDR's order to relocate and imprison 120,000 Japanese Americans and Japanese immigrants during World War II.
Why the Executive Branch Shouldn't Legislate
Progressives appreciate the separation of powers-up to a point.
Kavanaugh's Elevation to the Supreme Court Is a Moment of Worrying Instability
His true impact may be less about transforming the Court's ideology, and more about altering its status in political life.
Gorsuch and Sotomayor Fault Congress for Giving 'a Blank Check to the Attorney General'
SCOTUS weighs congressional power, criminal law, and the non-delegation doctrine in Gundy v. U.S.
Alexandria Ocasio-Cortez: 'Eliminate' Electoral College, It 'Undermines' Democracy
The socialist candidate fails to grapple with why we have the Electoral College in the first place.
What Did We Learn from the Brett Kavanaugh Confirmation?: Podcast
On the market for political combat and the lack of interest in the Afghanistan War
Politico Symposium on Kavanaugh's Confirmation
I have a contribution in it, along with a variety of prominent legal scholars and commentators.
The Senate Votes to Confirm Brett Kavanaugh
Kavanaugh will replace Justice Anthony Kennedy.
Brett Kavanaugh Will Be Confirmed, and Liberals Should Blame Michael Avenatti
Sen. Susan Collins called the Swetnick story "outlandish." It might have given her cover to confirm the judge.
Susan Collins, Joe Manchin Say They'll Vote 'Yes' on Kavanaugh Confirmation
Judge Kavanaugh appears to have enough votes to be confirmed.
Brett Kavanaugh's Emotions Don't Disqualify Him, but His Inflammatory and Evasive Strategy May Be Another Matter
While the Supreme Court nominee's anger and frustration last week were understandable, his tactics were troubling.
Senate Narrowly Advances Kavanaugh Nomination
The final vote is likely to take place this weekend.
Kavanaugh Confirmation Comes Down to Four Senators: Reason Roundup
Plus: millennial men are more socialist than millennial women and changes to juvenile justice programs
Term Limits for Supreme Court Justices Won't Save Us
But they might be worth trying anyway.
Harvard Students Filed Multiple Title IX Complaints Against Brett Kavanaugh To Get Him Fired
"This is such an absurd contortion of Title IX that I suspect even those filing the complaint know it's unlikely to succeed as a matter of law."
