Jamelle Bouie's counterintuitive recommendation would effectively eliminate constitutional limits on elected officials, including Trump and every demagogue who follows him.
Plus: intra-conservative culture war, Tulsi Gabbard on Snowden, and more…
A truly interesting and unusual Supreme Court line-up.
Sometimes Dershowitz gives really bad advice
An awful lot, but who's counting?
If Kavanaugh is a committed originalist, you would never know it based on his complacent behavior in Timbs v. Indiana.
SCOTUS sidesteps the hard questions in Box v. Planned Parenthood of Indiana and Kentucky.
And that whole Voting Rights Act justification? Kinda the opposite, actually.
Some thoughts on a new draft article by Jeff Fisher and Alli Larsen
The Trump appointee warns that "little would be left of our First Amendment liberties" if cops could punish people who irk them by finding a legal reason to bust them.
Nine years after his shooting death on the border, the family of Sergio Adrian Hernandez Guereca may finally get a chance to hold the border agent accountable.
More often than you might think
Depends on who you ask.
A new history of how the U,.S. Supreme Court has defined and enforced the limits of congressional power
Trumps two High Court nominees are jurisprudentially independent of one another.
SCOTUS is likely to restrict abortion access, but in a more gradual way.
In his new memoir, the retired justice seeks to justify his awful eminent domain ruling.
Ilya Somin of "The Volokh Conspiracy" discusses the dangers of liberal proposals to pack the Supreme Court.
The Supreme Court's dueling opinions in Apple, Inc. v. Pepper raise interesting questions about textualist statutory interpretation.
Plus: Sen. Josh Hawley continues anti-tech crusade, Pete Buttigieg on tariffs, "toxic femininity," Gen Z panic, and more...
A new decision on sovereign immunity, and what it means for originalists.
What’s worse for the left, a conservative originalist or a conservative living constitutionalist?
A major environmental case might settle before the Supreme Court has the chance to review it.
Does current precedent forbidding discrimination on the basis of sex-based stereotypes apply here?
Plus: Violence in Sri Lanka leads to social media suppression, and the White House wants to make it harder for pretrial diversion participants to get government jobs.
The owner of a clothing line asks the Supreme Court to overturn the ban on "scandalous" trademarks because it violates the First Amendment.
Are we squandering a rare opportunity to learn more about the justices?
Episode 3 of Free Speech Rules, starring UCLA law professor Eugene Volokh
The justices are considering if the prosecutor was racially biased in keeping African-Americans off the jury.
The ACLU wants the Supreme Court to revisit the notorious qualified immunity doctrine.
Equal treatment under the law can mean everyone is treated equally poorly
Justices leave intact a ruling allowing detention for 48 hours of those who cannot immediately pay for their release.
Two prominent liberal constitutional law scholars warn against the dangers of court-packing.
The Supreme Court ruled 7-2 last night to grant Patrick Murphy's petition for a stay.
John Sturgeon can once again "rev up his hovercraft" to hunt moose on Alaska's rivers, the Supreme Court ruled unanimously.
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.
Conservative majority declines to consider constitutional concerns of holding noncitizens without hearings.
An overlooked ruling could force small businesses to pay sales tax in dozens, even hundreds, of jurisdictions where they have no representation.
A state-level decision against the property owner shows the limits of the Supreme Court's wedding cake ruling.
The Court has released same-day audio of oral arguments before. Why can't it be a regular practice?
Both sides agree to stand down. First Amendment precedents were on the baker's side.
In a dissenting opinion, Justice Gorsuch suggests it's a good thing when parties don't rely upon the Chevron doctrine.
The alternatives suggested by defenders of the monument do not seem much better.
The challenge to a World War I memorial in Maryland illustrates the confusion caused by the Supreme Court's Establishment Clause cases.
In a just-filed brief, the Trump Administration asks Supreme Court to reduce the degree of deference government agencies receive.
Unlike Thomas and Gorsuch, Kavanaugh stayed mum on originalism in a major constitutional case.
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