Another Surprisingly Subversive Justice
Unlike the man who nominated him, Brett Kavanaugh understands the importance of an independent judiciary.
Supreme Court
SCOTUS Nominee Brett Kavanaugh on the Fourth Amendment and Warrantless Bulk Data Collection
Where does Judge Kavanaugh stand on the Fourth Amendment?
What Should Libertarians Fear Most from SCOTUS Pick Brett Kavanaugh?: Podcast
Jonathan Adler says he's "supremely qualified," an originalist, and a critic of the administrative state. But he's a cipher when it comes to defendants' rights.
Trump Says He Hasn't Talked Abortion With Kavanaugh
Many Democrats have come out against Kavanaugh's nomination, arguing that he'll mean the end of Roe v. Wade.
Brett Kavanaugh's Discouraging Record on the First Amendment and 'Commercial Speech'
Where does Supreme Court nominee Brett Kavanaugh stand on the First Amendment?
Some Preliminary Thoughts on the Kavanaugh Nomination [Updated with additional material]
Judge Kavanaugh is a highly qualified jurist. I applaud several aspects of his record, while having reservations about others.
Justin Amash Says Brett Kavanaugh Is a 'Disappointing Pick' for Supreme Court
"Kavanaugh is not another Gorsuch-not even close."
Justice Kavanaugh (Updated)
Initial thoughts on the nomination of Brett Kavanaugh to the Supreme Court
Judge Kavanaugh and the Second Amendment
The text, history, and tradition methodology applied to D.C.'s unusually restrictive gun laws.
And the Next Supreme Court Justice Nominee Is Brett Kavanaugh
Following the resignation of Justice Anthony Kennedy, President Trump makes his second appointment to the Supreme Court of the United States.
Donald Trump's Supreme Court Pick Will Shred the Constitution! Or Save It!: Podcast
Trump freaks out Democrats with second SCOTUS pick; the Libertarian Party comes of age; how Steve Ditko created the modern action movie
SCOTUS Nominee Brett Kavanaugh Sees Perils of Aggressive Administrative State
Like Neil Gorsuch, the D.C. Circuit judge has criticized Chevron deference for encouraging executive arrogance.
8 Reasons Why Obergefell Won't Be Overturned
Justice Kennedy's decision forcing states to recognize same-sex marriage is not at risk
The Stare Decisis Court?
The Roberts Court has overturned precedents at a lower rate than its predecessors. Will this soon change?
Closing in on the Next Supreme Court Justice (Updated)
President Trump will soon name his second pick to the Supreme Court
SCOTUS Shortlister Brett Kavanaugh on Obamacare and Judicial Restraint
Reviewing the record of a possible replacement for Justice Anthony Kennedy.
SCOTUS Contender Brett Kavanaugh on Gun Rights, Search and Seizure, and Mens Rea
The D.C. Circuit judge is a strong defender of the Second Amendment but seems less inclined to accept Fourth Amendment claims.
SCOTUS Shortlister Raymond Kethledge on Free Speech, Gun Rights, Originalism, and Chevron Deference
Reviewing the record of a possible replacement for Justice Anthony Kennedy.
Another Justice Like Gorsuch, Please
Contrary to what his critics say, this "narrow-minded elitist" stands up for the little guy.
SCOTUS Shortlister Amy Coney Barrett on Overturning Precedent and Judicial Deference to Lawmakers
Reviewing the record of a possible replacement for Justice Anthony Kennedy.
62 Percent of Americans Want the Senate to Vote on Trump's Supreme Court Pick Before Midterms
The Senate should confirm or reject Trump's Supreme Court nominee before the November elections, poll respondents say.
The Case Against Court-Packing Revisited
Current liberal court-packing proposals are dangerously misguided - and for much the same reasons as last year's conservative court-packing plan.
Will Trump's Next SCOTUS Pick Be Able To Overturn Roe v. Wade?: Podcast
The short answer is no. The longer answer is maybe, a little at a time, and that's a problem. Plus, is 2018 turning into 1968, a year of high-profile violence?
Rand Paul: 'We Do Need a Pro-Life Justice, and I've Always Been in Favor of That'
The Kentucky Republican was asked if Trump should nominate a justice who thinks "an unborn child with a beating heart is a person."
When the Supreme Court Blessed the Imperial Presidency
The story of how classical liberal Justice George Sutherland enabled executive overreach abroad.
A Post-Roe World Would Pave the Way for a New Black Market in Abortion Pills
Forget coat-hangers and back alleys. The future of illegal abortions is online pharmaceuticals.
Willett, Bolick, Sykes: Three Great Picks to Replace Anthony Kennedy: Podcast
Damon Root explains what libertarians will lose and might gain from a SCOTUS shakeup.
Should Courts Defer to Agency Litigating Positions?
How much deference should amicus briefs and agency advocacy receive from the courts?
Kennedy's Departure Probably Will Give Us a Court More Inclined to Defend Gun Rights
The retiring justice seems to have been a crucial obstacle to hearing Second Amendment cases.
Sadly, Ross Ulbricht's Case Will Not Be Heard by the Supreme Court
Despite Carpenter upending Fourth Amendment doctrine, the Supremes leave the Silk Road founder in prison for life.
Say Goodbye to the Kennedy Court
Justice Kennedy's retirement will have a significant impact on the Roberts Court beyond its ideological makeup.
Assessing Justice Kennedy's Legacy
A Politico symposium offers assessments by a wide range of legal scholars and commentators. And I offer some additional thoughts of my own.
Could Sen. Mike Lee Replace Justice Anthony Kennedy on the Supreme Court?
His is one of 25 names on the White House's official list of potential Supreme Court picks.
The Janus Dissent's Odd Underreading of Government Employee Speech Rights
"If an employee's speech is about, in, and directed to the workplace, she has no 'possibility of a First Amendment claim,'" say the dissenters -- but that's not what the First Amendment caselaw says.
Janus v. AFSCME : Will Ending Mandatory Dues Kill Public-Sector Unions?: Podcast
Today's Supreme Court ruling is a win for freedom of association and free speech, but don't expect it to change statehouse politics overnight.
How a New SCOTUS Ruling on Abortion Could Permanently Alter Economic Regulation
"The majority's view, if taken literally, could radically change prior law," warn the Court's liberal justices.
Justice Anthony Kennedy Is Retiring and All Hell Is About to Break Loose
It's the end of an era at the U.S. Supreme Court.
The Limited Effects of the Supreme Court's Janus Decision
States that want to allow public sector unions, and avoid "free-rider" problems, should still be able to do that -- just by paying unions directly, rather than via compelled agency fees.
Gorsuch Was More 'Liberal' Than Kennedy This Term, in an Unusual Supreme Court Twist
Comparing the records of two right-of-center justices.
Mandatory Union Dues Violate Workers' First Amendment Rights, SCOTUS Rules
A landmark victory for workers' rights will have major ramifications for the future of public sector unions.
The Second Amendment 'Has Become Optional'
A decade after recognizing a constitutional right to armed self-defense, the Supreme Court remains reluctant to defend it.
Carpenter Supreme Court Decision Should Lead To Rethinking Ross Ulbricht's Conviction
The government's prosecution of the Silk Road founder depended on a Fourth Amendment doctrine made questionable by Carpenter's new respect for the information accessible via modern technology.
Supreme Court Rules 5-4 in Favor of Trump's Travel Ban
"The Government has set forth a sufficient national security justification to survive rational basis review."
