Neil Gorsuch, Civil Asset Forfeiture, and the Original Meaning of the 14th Amendment
Where does Justice Gorsuch stand on the Privileges or Immunities Clause?
Supreme Court
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."
Swetnick Shifts Story About Kavanaugh at Rape Parties as Texts and Brawls Cast Doubt on the Judge's Own Claims: Reason Roundup
Plus: more transparency among California cops and less transparency among Instagram "influencers."
Julie Swetnick Told NBC Her Brett Kavanaugh Story, and She Has Serious Credibility Issues
Michael Avenatti's client contradicted her previous claims, can't say the judge was actually involved.
How a 1965 Supreme Court Ruling Explains the Partisan Battle Over Kavanaugh's Confirmation
Opposition to Kavanaugh stems from a case that was decided the year Kavanaugh was born and was argued by professors from the law school from which he graduated.
Kavanaugh Brawl Shows It's Time for a Controlled Burn of the State: Podcast
Lying about the Devil's Triangle may or may not be disqualifying for the Supreme Court, but this whole process is a reminder that the federal government's power makes politics too important.
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."
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
