Gerrymandering Is Out of Control
Computers could be the key to resolving partisan fights over congressional boundaries.
Supreme Court
Why the Summer Zervos Lawsuit Is Bad News for Donald Trump
"The President of the United States has no immunity and is 'subject to the laws' for purely private acts."
No Fourth Amendment Protections Against Warrantless Cell Phone Searches at U.S. Border, Says Federal Court
"Border searches never require a warrant or probable cause."
If SCOTUS Lets States Legalize Sports Betting, Will They Be Ready?
The black market will continue to thrive if taxes and regulations are too burdensome, a new CEI report warns.
Awaiting Court Ruling, California Unions Appear Surprisingly Impotent
California unions and their allied politicians need to learn to respect the rights of California's government workers.
Jeff Sessions' Case Against California's Sanctuary Cities Is a Constitutional Loser
The Constitution prevents the feds from commandeering state and local officials.
Drunk History: When the Government Banned Female Bartenders
A shameful chapter in U.S. law.
Today in History: SCOTUS Protects the Corporate Speech Rights of The New York Times
Marking the 54th anniversary of New York Times Co. v. Sullivan
Jeff Sessions's Flawed Lawsuit Against 'Sanctuary State' California
Immigration, federalism, and the 10th Amendment
The New Challenge to Obamacare
Is this a chance for the Supreme Court to correct its constitutional mistake?
Supreme Court Will Hear Important Property Rights Case
This could result in a ruling overturning a terrible 1985 decision that makes it very difficult to bring takings cases in federal court.
Sonia Sotomayor Faults SCOTUS for Failing to Protect Right to Effective Counsel in Death Row Case
Justice Sotomayor dissents from the denial of certiorari in Wessinger v. Vannoy.
Are We Experiencing Peak Gun Rights?
A look into a more restrictionist future for the Second Amendment.
Public-Sector Unions Deserve to Be Destroyed
Mandatory fees are an assault on free association.
Supreme Court Sets the Stage for a More Important Immigrant Detention Fight
Indefinite detention carried the day in Jennings v. Rodriguez, but the ruling affirms an important principle that may eventually kill the practice.
Supreme Court's Silence Clouds Gun Control Debate
The justices have passed up one opportunity after another to clarify the boundaries of the constitutional right to arms.
Justice Kennedy Takes Aim at Public Sector Unions in Janus Oral Arguments
"It seems to me your argument doesn't have much weight."
The Supreme Court's Punt Is a Setback for Trump's Hardball DACA Tactics
He should make a peace offering to Congress now or suffer midterm losses.
The Parkland Shooting Screw-Ups Go All the Way to the Top: Podcast
On today's podcast: Mona Charen gets booed, the gun control debate reignites, public sector unions suck, and Olympic curling is surprisingly awesome.
Monday's Big Supreme Court Case Will Decide the Future of Public Sector Unions
Janus v. AFSCME could end mandatory union dues payment. Counter-intuitively, it might strengthen the labor movement.
Justices Thomas and Sotomayor Debate Legislative History
Are Committee Reports and other legislative documents helpful guides to legislative intent?
Meet Mark Janus, Whose Supreme Court Case May End Compulsory Union Dues: Podcast
The social worker at the heart of Janus v. AFSCME explains why no public employee should be forced to pay union dues.
Supreme Court Ruling Means More People Who Plead Guilty Can Appeal
A self-proclaimed "constitutional bounty hunter" is unlikely to be freed, but his case sets a significant precedent for criminal appeals.
My Podcast Debate on Mandatory Union Fees and the First Amendment
The National Constitution Center invited Alicia Hickok and me to debate Janus; Ms. Hickok wrote an amicus brief supporting Janus, and I signed an amicus brief supporting the AFSCME.
Stossel: Supreme Court Ruling May Crush Unions
The Supreme Court hears a case that might crush government unions. The unions are upset. Stossel debates a union official.
Supreme Court Case Could Spell End of Mandatory Public Sector Union Dues
Would extend "right to work" principles to government employment.
The Two Sides of Collective Bargaining: A Way of Looking at the First Amendment Question in Janus
The government always compels taxpayers to fund the management side of management-labor bargaining in public workplaces. Given this, why should there be a First Amendment problem with compelled funding (through agency fees as well as taxes) of both sides?
Supreme Court Won't Review 10-Day Waiting Period for Gun Purchases, Clarence Thomas Dissents
"The right to keep and bear arms is apparently this Court's constitutional orphan."
Ruth Bader Ginsburg Thinks Some College Title IX Trials Are Unfair to the Accused
Supreme Court justice says the #MeToo movement is important, but so is due process.
Justice Ginsburg Criticizes Lack of Due Process on Campus
In a wide-ranging interview, the "Notorious RBG" suggests colleges campuses are not providing adequate process to the accused.
3 Supreme Court Cases to Watch This Month
Here are the SCOTUS cases to watch in February.
Justice Ruth Bader Ginsburg > "Notorious RBG"
Professor Rick Hasen on why its a bad idea to treat Supreme Court justices like celebrities (and why justices should not embrace their celebrity either).
Mitch McConnell Thinks His Greatest Achievement Is the Judges His Senate Confirmed
The Senate confirmed a record number of federal appellate court nominees in 2017.
When the Constitution Was 'At War With Itself,' Frederick Douglass Fought on the Side of Freedom
A new appreciation of the great abolitionist on the 200th anniversary of his birth.
Neil Gorsuch and Samuel Alito Butt Heads Over the Fourth Amendment, Again
Gorsuch advances another property rights theory of the Fourth Amendment that Alito rejects.
The Supreme Court's Big Public Sector Union Case Is Really About Free Speech
Can public sector unions force recalcitrant workers to pay dues, or does that violate the First Amendment?
We Have Opinions (from SCOTUS)
The Supreme Court issues three opinions, for a grand total of four so far this term.
Suspicionless Immigration Bus Sweep Caught on Video
If you hear "papers, please" on a Greyhound, thank the Supreme Court.
The Limits of Textualism and the Union Agency Fee Case
I'm all for carefully reading the words of the Constitution, and applying the distinctions that it draws -- but we need to make sure we're understanding just what those distinctions are.
Why There's No First Amendment Problem With Compulsory Union Agency Fees
Will Baude and I have cosigned a new amicus brief on this in Janus v. AFSCME.
A Big Supreme Court Term Just Got Bigger
The Supreme Court agrees to hear challenges to Travel Ban 3.0
Internet Taxes, the Supreme Court, Old Decisions, and New Facts
A very interesting analysis of the Supreme Court's new Internet tax case (South Dakota v. Wayfair, Inc.), by Notre Dame Prof. Randy Kozel.
Where Are the Supreme Court's Opinions?
The Supreme Court is releasing opinions at the slowest rate in over a century.
