Brett Kavanaugh Dodges Question About the 9th Amendment and Unenumerated Rights
The Supreme Court nominee recites precedent instead of explaining his views.
Supreme Court
"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.
Brett Kavanaugh Praises Anthony Kennedy's 'Legacy of Liberty.' Many Conservatives Won't Like the Sound of That.
"Justice Kennedy established a legacy of liberty for ourselves and our posterity."
Jeff Flake Says He'll Ask Brett Kavanaugh About Donald Trump's Constitutional Flaws
"A lot of people are concerned about this administration."
Ben Sasse Explains Why the Politicization of the Supreme Court Is a Dangerous Thing
"Government is about power. Government is not just another word for things we do together," said Sasse.
Kavanaugh Is Well Within the "Mainstream" -- but "Mainstream" Isn't Always Good
Claims that Kavanaugh is outside the legal "mainstream" are misguided, and mostly just reflect growing partisan polarization over legal issues. The real danger is not that we will have non-mainstream Supreme Court justices, but that some mainstream ideas are badly wrong.
Maybe Social Media 'Outrage' Is Just a Lazy Partisan Ritual: Podcast
Before demanding censure or intervention, take a step back from the Twitter machine and ask yourself whether anyone really cares about this stuff.
Kavanaugh Hearings Open With Screaming Protesters and Grandstanding Senators
This week's SCOTUS confirmation hearings are going to be a brawl.
Stossel: What Trump's Court Pick Means for Liberty
Judge Kavanaugh will mostly advance freedom, says Cato's Ilya Shapiro.
5 Questions for SCOTUS Nominee Brett Kavanaugh
What the Senate Judiciary Committee should ask the Supreme Court nominee.
Gorsuch's Record Was More 'Liberal' Than Kennedy's This Term
Of course, Gorsuch had his share of clashes with the liberal bloc too.
Washington Post Symposium on Brett Kavanaugh's Jurisprudence
The Post has a symposium in which a a variety of legal commentators (myself included) discuss what they consider to be Judge Kavanaugh's most important opinions.
The Slants Know What it Takes to Win a Supreme Court Case
The Slants speak with Reason a year after winning the right to use their own name.
My Latest Guest Appearance on First Mondays: "A Bunch of Printers"
I discuss the Kavanaugh nomination, originalism, and much more with Professors Dan Epps and Ian Samuel.
Brett Kavanaugh, Abortion, and 'Settled Law'
Don't assume Roe v. Wade will be safe with Justice Kavanaugh.
There Is Nothing 'Illegitimate' About the Brett Kavanaugh Nomination
More Trump-era hyperbole from liberal pundits and politicians.
Does Cohen-Manafort Mean Supreme Court Nominee Kavanaugh Can't Be Confirmed?
Liberal critics want the Senate to hit the pause button. Will it?
Can a Baker Be Forced to Make a Transgender Celebration Cake?
Masterpiece Cakeshop is back with a new lawsuit over another rejection.
Trump Picks Record Number of New Judges
Assessing the president's lower-court selections.
Is Supreme Court Limiting Chevron's Domain?
The justices show little interest in deferring to agency interpretations.
A "Liberal Feminist" Endorses Kavanaugh
Noted appellate attorney Lisa Blatt on why she supports the confirmation of Brett Kavanaugh, and shows how we should evaluate judicial nominees from the other side of the aisle.
"Court Balancing" is Just Court-Packing by Another Name
A new proposal to give Democrats additional Supreme Court appointments by temporarily increasing the size of the Supreme Court would cause much the same problems as conventional court-packing would.
Rand Paul Says He Will Vote Yes on SCOTUS Nominee Brett Kavanaugh
"After meeting Judge Kavanaugh and reviewing his record, I have decided to support his nomination."
Ruth Bader Ginsburg Thinks She Has 'At Least 5 More Years' Before Retirement
The Bill Clinton appointee's comments suggest she doesn't want Donald Trump to nominate her successor.
Why Rand Paul Is 'Very Concerned' About Brett Kavanaugh and the Fourth Amendment
The Republican senator questions the record of the SCOTUS nominee.
What Janus Got Right -- and Wrong
Compelled Subsidies and the First Amendment -- a new article with co-blogger Eugene Volokh, forthcoming in the Harvard Law Review
A Supreme Court Decision About Sports Betting May Help Protect Sanctuary Cities from the Feds
A rule covering immigration communications between state and federal officials may be unconstitutional.
Randy Barnett on the Secret History of SCOTUS Confirmation Hearings: Podcast
The libertarian legal scholar explains the post-Bork landscape and what might derail Trump's high-court pick.
Justice Kagan Laments Partisan Confirmation Conflict
Political conflict over judicial confirmations may be harmful for the courts.
Is the Right to Bear Arms Limited to Guns in Plain Sight?
The 9th Circuit has endorsed a distinction that does not jibe very well with modern attitudes.
Watch Little Pink House, Drama About Eminent Domain Abuse, in Safety of Your Own Home!
Award-winning movie about Susette Kelo's attempt to save house from a local government gone klepto is out on streaming and video-on-demand services.
Kavanaugh on the Nixon Tapes Case
In 1999, Judge Kavanaugh suggested that the Supreme Court case that forced Nixon to turn over the Watergate tapes may have been wrongly decided. But it's not entirely clear what he now thinks about the issue.
Sen. Mike Lee on Brett Kavanaugh, Trump's Tariffs, and Congressional Dysfunction
The way Congress crafts spending bills has "effectively disenfranchised almost 300 million Americans."
Can Unions Be Sued For Janus Claims?
Surprising fallout from the Supreme Court's decision on agency fees
Judge Andrew Napolitano on Trump, SCOTUS, and the Return of Freedom Watch
The most libertarian legal analyst on cable news dishes on Brett Kavanaugh, the end of his GOP, and his forthcoming new show.
Brett Kavanaugh's Fourth Amendment Blind Spot
The Supreme Court nominee's skepticism fades when cops and spies look for evidence without a warrant.
Judge Kavanaugh and the Administrative State
How will a Justice Kavanaugh approach administrative law cases?
'Concerned' Rand Paul Isn't Sure How He'll Vote on Kavanaugh Confirmation
The Kentucky Republican is worried about Kavanaugh's record on the Fourth Amendment.
Brett Kavanaugh's Soft Spot for Police Abuses
The SCOTUS nominee takes a dim view of the Fourth and Fifth Amendments.
Kavanaugh and Executive Power - the Good, the Bad, and the Overblown
The debate over Judge Kavanaugh's views on executive power actually encompasses four separate issues. On some of them his views bode well for the future, on others not so much.
New Calls for the Supreme Court to Reconsider Qualified Immunity
Some unusual amicus briefs filed in support of cert. in Allah v. Milling
The Fight Over Brett Kavanaugh Is a Preview of a Future In Which All Political Arguments Are Health Care Arguments
Trump's SCOTUS nominee probably won't have an impact on Obamacare. But that won't stop Democrats from making the argument.
Judge Kavanaugh and Justice Kennedy's Free Speech Legacy
Justice Kennedy was the most speech-protective justice on a speech-protective court. What happens to free speech once he is replaced?
Judge Kavanaugh on the Confirmation Process
Those who have been through the process rarely have nice things to say about it.
