Michael Lewis: The Supreme Court Has Harmed the Culture of Free Speech by Deciding Too Much Stuff
Starting with Roe v. Wade, the bestselling author argues in Commentary, the high court has removed too many topics from legislative debate.
Supreme Court
SCOTUS Unanimously Rejects Law Banning Sex Offenders From Social Media
The justices say the law's "unprecedented" and "staggering" scope violates the First Amendment.
In Major Free Speech Victory, SCOTUS Rules for 'The Slants' and Strikes Down Federal Trademark Restriction
"Speech may not be banned on the ground that it expresses ideas that offend."
5 Clichés Used to Attack Free Speech
Five terrible, perpetually recurring arguments, debunked.
'A Firm Hand of Repression': The Espionage Act Turns 100
One hundred years ago today, the U.S. government declared war on the First Amendment.
Is This the Supreme Court's Next Big Case Against Public-Sector Unions?
Janus v. American Federation of State, County, and Municipal Employees asks SCOTUS to end mandatory public-sector union fees.
Trump's Travel Ban Is Security Theater
Intent on blocking visitors from Muslim-majority countries, the president confuses political incorrectness with seriousness.
SCOTUS Agrees to Hear Significant 4th Amendment Case on Warrantless Cell Phone Location Searches
The Supreme Court will hear arguments in Carpenter v. U.S. next term.
SCOTUS Rejects Deportation of Immigrant Who Had Sex With His 16-Year-Old Girlfriend When He Was 20
The decision highlights the importance of drawing distinctions among "sex crimes."
Supreme Court Rules 8-0 for Police in Major Fourth Amendment Case
SCOTUS rejects "provocation doctrine," says illegal police search must be viewed separately from subsequent police use of force.
The Birth of the Living Constitution
Should we interpret the Constitution as a living document?
As Trump Reshapes the Judiciary, Libertarian-Conservative Fault Lines Are Exposed
Libertarians and conservatives agree on Trump's judicial picks so far. But how long will the harmony last?
Trump Announces 10 Judicial Nominations to Lower Federal Courts
The president's list includes executive power enthusiasts and a free-market advocate.
Indiana Supreme Court: Cops Don't Need a Search Warrant to Get Cell Phone Location Data
How many Fourth Amendment protections do we forfeit when we use a cell phone?
Police Don't Need a Search Warrant to Use Your Cell Phone Records to Track Your Location. Will SCOTUS Do Something About it?
The Supreme Court is asked to give the third-party doctrine a second look.
Federal Court to Government Regulators: The First Amendment Protects Tattoo Shops
"The tattoo itself, the process of tattooing, and the business of tattooing are forms of pure expression fully protected by the First Amendment."
Don't Blame Trump for Obama's Position on Losing Citizenship Over Fibs
A Yale professor illustrates the tendency to frame what should be critiques of government power as complaints about particular politicians.
Can You Lose Your Citizenship by Lying About Your Weight?
The federal government says yes, but the Supreme Court seems skeptical.
Federal Judge Blocks Trump Administration from Enforcing Executive Order on Sanctuary Cities
The order's "facially unconstitutional directives and its coercive effects weigh heavily against leaving it in place."
Is This the Supreme Court's Next Big Second Amendment Case?
SCOTUS may soon decide whether or not to hear arguments in Peruta v. California.
You Won't Read a Full Accounting of America's Use of Waterboarding and Torture Anytime Soon
Supreme Court turns away transparency lawsuit trying to force release of Senate report.
Sonia Sotomayor Says SCOTUS Favors Police Officers Over Alleged Victims of Police Misconduct
Justice Sotomayor dissents from denial of certiorari in Salazar-Limon v. City of Houston.
SCOTUS Says States Have No Right to Money Taken Based on Overturned Convictions
If making people prove their innocence to get their property back violates due process, what about civil forfeiture?
Federal Judge Says Judicial Deference to Executive Branch Agencies Is 'Judicial Abdication'
Judge Janice Rogers Brown takes aim at Chevron deference.
Seizing Private Property in the Trump Era
A new film dramatizes the landmark Supreme Court decision on eminent domain.
Gorsuch Is More Liberal Than Garland
For civil libertarians, the newest Supreme Court justice is better than the nominee who never got a hearing.
Now That Gorsuch Is Seated, Will Supreme Court Take Up Gay Wedding Cake Case?
SCOTUS has delayed making a decision whether to tackle religious freedom claim.
Neil Gorsuch Officially Confirmed to the U.S. Supreme Court
How the new justice will impact the future of SCOTUS.
Senate Nukes Filibuster for Supreme Court Picks
Neil Gorsuch confirmation vote expected Friday.
On Criminal Justice and Executive Branch Power, Neil Gorsuch May Be More 'Liberal' Than Merrick Garland
Comparing the two SCOTUS nominees.
Democrats Falsely Claim Gorsuch Resists Endorsing Landmark Desegregation Ruling
The SCOTUS nominee called Brown v. Board of Education "one of the shining moments in constitutional history."
Here's The 10 Step Process to Engage The Senate's 'Nuclear Option'
A lot of parliamentary shenanigans, but ultimately everything in the Senate is 'majority rules'
SCOTUS Agrees That a Ban on Credit Card Surcharges Regulates Speech
New York merchants are challenging a state law that dictates the way they describe prices.
Partially Informed Juries Convict the Innocent
A Supreme Court case shows how prosecutors get away with hiding evidence that could help defendants.
Jeff Sessions Threatens Unconstitutional Action Against Sanctuary Cities
The Attorney General aims to dragoon state and local officials and leave them "no real option but to acquiesce."
Neil Gorsuch Vows to 'Respect' Supreme Court Precedent. That Does Not Mean He Will Always Uphold Precedent.
Understanding the SCOTUS nominee's answers to the Senate Judiciary Committee.
In the Gay Wedding Cake Wars, Christians Preheated the Oven
Today's religious freedom controversies got their start in the 19th century debate over outlawing polygamy.
Gorsuch Calls Trump's Attacks on Judges 'Disheartening' and 'Demoralizing'
The president dismisses his SCOTUS nominee's objections.
Revisiting Restrictions on the Right to Bear Arms
Does conviction for a crime mean a permanent ban?
Gorsuch's Smooth Sailing; Ryancare's Rocky Road
Matt Welch and Thomas Massie among those on tonight's Kennedy
Neil Gorsuch to Senate Judiciary Committee: 'Yes, the Constitution Definitely Contains Privacy Rights'
The SCOTUS nominee talks unenumerated rights.
3 Questions for Supreme Court Nominee Neil Gorsuch
He should explain his views on federalism, executive power, and unenumerated rights.
3 Questions for Supreme Court Nominee Neil Gorsuch
He should explain his views on federalism, executive power, and unenumerated rights.
Gorsuch Stresses Independence from Trump in Senate Confirmation Hearings, Says 'No Man Is Above the Law'
What's happening on day two of Neil Gorsuch's SCOTUS confirmation hearings.
