The ACLU Usually Stays Neutral on Judicial Nominees, but It Just Came Out Against Brett Kavanaugh
"We oppose him in light of the credible allegations of sexual assault against him."
Supreme Court
Judge Willett and Justice Sotomayor Attack Qualified Immunity for Cops
A libertarian-leaning federal judge and a liberal Supreme Court justice both make the case against qualified immunity.
Supreme Court to Consider Tree Frogs, Liquor Licensing, Criminals With Dementia, and More This Fall: Reason Roundup
Plus: The Justice Department goes after "net neutrality" in California and SNL takes on Brett Kavanaugh.
Why Supreme Court Confirmation Hearings Should be Treated as Job Interviews, not Criminal Trials
One of the points at issue in the debate over the sexual assault accusations against Brett Kavanaugh is whether the standards of proof used by the Senate should be those appropriate to a criminal trial or those of a job interview. The latter is the superior approach.
Jeff Flake and the Hated—Yet Vital—Libertarian Center
Temperamental centrism and case-by-case decision-making, on Brett Kavanaugh and other issues, irritates nearly everyone-and is necessary.
Politico Symposium on the Ford-Kavanaugh Sexual Assault Accusation Hearing
The symposium includes contributions by various legal commentators, including Bruce Ackerman, Mari Matsuda, Deborah Rhode, and myself.
The Worst Defenses for Brett Kavanaugh and Christine Ford
If you want to show your support for the accused or the accuser, stay away from these.
Senate Judiciary Committee Approves Kavanaugh for Supreme Court, With a Twist
Sen. Lindsey Graham had the quote of the day: "I think I know what happened."
Beer, Courage, and Vomit: Major Themes of the Ford-Kavanaugh Hearing
An index of recurring topics
The Kavanaugh Nomination Fight Has Pulled Us Further Into a Partisan Quagmire
The Supreme Court confirmation fight is a preview of things to come.
Republicans Attack Democrats, Not Ford, Following Her Testimony Against Brett Kavanaugh
We didn't get another Anita Hill hearing. Let's consider that a small silver lining.
Christine Blasey Ford Was Worth Hearing, But No One on the Senate Judiciary Committee Was Listening
This isn't due process-this isn't even an honest attempt to determine what actually happened.
3 Questions To Ask Yourself While Watching the Kavanaugh/Ford Hearings Today
It's a given that many senators are acting in bad faith. But what about the rest of us?
Dramatic Accusations and Twists Accelerate Ahead of Kavanaugh and Ford Testimony Today: Reason Roundup
Plus: Is postmodernism bad?
Like the Rest of Us, Jeff Flake Is Frustrated and Confused About the Kavanaugh Confirmation Process
Unlike most of us, he's in a position to do something about it.
Texas Attorney General Ignores 75 Years of Supreme Court Rulings Trying to Force a Student to Stand for the Pledge
The irony is that she's protesting authoritarian police behavior.
New Kavanaugh Accuser Says Nominee Abetted Gang-Rape, Groped Girls, and Spiked Punch With Drugs at High-School Parties
The allegations were released on Twitter this morning by lawyer Michael Avenatti, who is asking for an FBI investigation.
Partisan Bias, Motivated Reasoning, and the Debate Over the Kavanaugh Nomination
The debate over the sexual assault accusations against Brett Kavanaugh is a striking example of partisan bias at work.
Are Brett Kavanaugh's Denials Convincing? Watch for Yourself
Here's the full Fox News interview with the SCOTUS nominee and his wife Ashley.
Will Public Discourse Ever Recover From the Kavanaugh Hearings?: Podcast
Reason's editors discuss the latest Brett Kavanaugh revelations, Rod Rosentein's fate, and how to recover basic norms of political discourse.
Brett Kavanaugh Accused of Sexual Misconduct By a Second Woman
Claim that Kavanaugh exposed himself at a Yale party 35 years ago is less convincing than Ford's alleged rape, but suggests a pattern.
From 'Believe All Victims' to 'Who Cares If It's True,' the Brett Kavanaugh Accusation Has Produced Shameful Certainty
Leftist partisans say he's guilty, conservative partisans are convinced he's innocent. How convenient.
Interstate Sovereign Immunity and Why the Supreme Court Should Leave It Alone Right Now
My amicus brief with Stephen Sachs in Franchise Tax Board v. Hyatt
If Brett Kavanaugh Drops Out, Will Trump Pick Amy Coney Barrett?
Understanding what happens next if the Kavanaugh nomination falls apart.
A Banned Magazine Is Trying to Take Florida Prison System to the Supreme Court
Florida prisons completely ban Prison Legal News magazine. Now the publication is asking the Supreme Court to "vindicate the First Amendment."
The Brett Kavanaugh Sex Assault Controversy Will Only Get Worse: Podcast
Reason's editors debate whether a single-source allegation from 35 years ago should be enough to derail a Supreme Court pick.
Politico Symposium on How to Handle the Kavanaugh Sexual Assault Accusation
It includes contributions by a variety of legal scholars and commentators, including myself.
Brett Kavanaugh's Sexual Assault Accuser Has Come Forward, and Her #MeToo Story Might Disqualify Him
The situation is a mess-and it's Dianne Feinstein's fault-but the public needs to take this accusation seriously.
Dianne Feinstein Told the FBI About a Mysterious Issue in Brett Kavanaugh's Past, but #MeToo Speculation Is Premature
Anonymous officials claim the accusation involves a high school sexual misconduct case.
Clarence Thomas Mocks Cory Booker's 'Spartacus' Grandstanding
"If you can't debate hard issues honestly, with honor, with integrity, how do we keep a civil society?" Thomas said.
Brett Kavanaugh Calls Carpenter v. United States a 'Game Changer' on 4th Amendment Law
The Supreme Court nominee talks warrantless government surveillance with Sen. Patrick Leahy.
Hillary Clinton Spreads Fake News, Suggests Brett Kavanaugh Will Ban Birth Control
Clinton runs with a Kamala Harris whopper that's already been debunked.
Libertarian Lucy Brenton Polling at 8 Percent in Toss-up Indiana Senate Race
This time the Libertarian Party seems to be hurting the Democrat, who's trying to run out the clock on confirming Brett Kavanaugh.
ThinkProgress Accuses Facebook of Censorship After Conservative Factchecker Correctly Points Out an Error
"Brett Kavanaugh said he would kill Roe v. Wade last week." Except he didn't.
Democrats Created a Birth-Control Banning Bogeyman Out of Brett Kavanaugh. Called Out, Kamala Harris Doubled Down
Harris and other Democrats distorted Kavanaugh's comments on birth control to portray him as a religious extremist.
Who's Ready for an Obama Lecture About Trump?: Podcast
Critiquing an ex-president's warnings about anti-media rhetoric, non-voting, and unelected bureaucrats
Kamala Harris, Foe of Legal Sex Work, Questions Whether Laws Exist That Control Male Bodies
Fun fact: All laws give government control of the decisions that everybody of any gender can do with their bodies.
What Should Have Happened at the Brett Kavanaugh Hearing
Pretty much what everyone expected. Unfortunately.
Brett Kavanaugh and Ben Sasse Talk About Overturning Supreme Court Precedent
A revealing exchange between the SCOTUS nominee and the Republican senator.
Noteworthy Qualified Immunity Settlement
The state pays (and generously) to avoid the pending cert. petition in Allah v. Milling
Meanwhile, in a Texas Courtroom, Is the ACA in Trouble?
While all eyes focused on the Kavanaugh hearings (and an "anonymous" op-ed), a court heard argument in the latest ObamaCare challenge.
Brett Kavanaugh Is a Done Deal. Will He Be Good for Libertarians?: Podcast
SCOTUS scholar Damon Root says Trump's nominee still hasn't answered pressing questions about government snooping and unchecked executive power.
Dianne Feinstein Wants Brett Kavanaugh to 'Reconcile' His Second Amendment Reasoning With 'Hundreds of School Shootings' That Never Happened
The senator is miffed that the SCOTUS nominee thinks people have a right to own the guns she wants to ban.
Cory Booker Risks Senate Expulsion, Releases Confidential Kavanaugh Emails About 'Racial Profiling'
Booker's totally not running for president or anything.
Brett Kavanaugh Dodges Question About the 9th Amendment and Unenumerated Rights
The Supreme Court nominee recites precedent instead of explaining his views.
"The Schoolhouse Gate" as a Site of Constitutional Law
An important new book by my colleague Justin Driver, which should be of interest of all who follow constitutional law
The Best Parts of the Kavanaugh Hearing
A great set of colloquies on originalism, the Federalist, and human imperfection.
'Judge Kavanaugh Was Not Responsible for the Parkland School Shooting'
Parents of school shooting victims lash out over Supreme Court nominee Brett Kavanaugh, but the more troubling responses are from U.S. senators.
