Millions of people are barred from owning firearms even though they have no history of violence, and they have essentially no recourse under current law.
Presidential pardons have become a tool of favoritism and politics.
Justice Thomas dissents from the Court's continued unwillingness to hear bills of complaint filed under the Court's original jurisdiction.
FCC v. Consumers’ Research could dismantle a massive slush fund run by unelected regulators and industry insiders.
An exploration of some of the thorny issues that divided the Court.
A pre-opinion release order divides the justices 5-4, but this may not preview the split on the merits.
The Supreme Court will decide whether this threat to the Second Amendment is legally viable.
Justice Thomas dissents from the Court's refusal to resolve a clear circuit split.
Chairman Andrew Ferguson’s assault on "Big Tech censorship" aims to override editorial decisions protected by the First Amendment.
Whether or not a reasonable police officer violates clearly established law when he declines to check the features and address of his target house before raiding it is thus still up for debate.
Why is the Supreme Court issuing fewer summary reversals? Is Justice Barrett the reason?
His position is grounded in concerns about the separation of powers that presidents of both major parties have raised for many years.
Vice President J.D. Vance believes presidents can ignore the courts in some situations. Are we heading for a constitutional crisis?
Suggestions that the Executive Branch Ignore Federal Court Rulings May Look Different Today than When They Were Proposed.
Federal judges in Washington and Maryland say the president's attack on birthright citizenship flouts the 14th Amendment and 127 years of judicial precedent.
The government failed to persuade the appeals court that 18-to-20-year-olds are not part of "the people" or that the age restriction is consistent with the "historical tradition of firearm regulation."
The settlement vindicates Kimberly Diei's First Amendment right to comment on sexually explicit rap songs without suffering government retaliation.
A dissent from the denial of certiorari in another Sixth Circuit Habeas case.
The executive order contradicts the 14th Amendment and 127 years of judicial precedent.
Curtrina Martin's petition attracted support from a bipartisan group of lawmakers.
Though awkward and antiquated, the Second Amendment’s syntax and grammar unambiguously protect gun rights.
A unanimous Supreme Court decision established as much in 1965.
The order directs the attorney general to ensure that states have the drug cocktails to carry out lethal injections.
My latest article with Michael Stokes Paulsen is in print
Dan Epps and I discuss Royal Canin v. Wullschleger and TikTok v. Garland on the latest episode of Divided Argument
In granting Mahmoud v. Taylor, the Supreme Court has agreed to consider this question.
"I cannot profess the kind of certainty I would like to have about the arguments and record before us," writes Justice Gorsuch.
The Supreme Court appears poised to uphold a ban on the app, but many creators aren't so sure.
The Supreme Court is hearing arguments in a Texas case that could have major ramifications across the country—including, perhaps, the end of anonymity online.
The president-elect lost his Second Amendment rights thanks to a nonsensical gun ban.
The Cato Institute is urging the Supreme Court to take up the case and reaffirm that the liability shield does not apply to "obvious rights violations."
The justices are not persuaded to intervene in state-law climate litigation.
The Court will only consider one of the issues in Braidwood Management v. Becerra
How a 1949 Supreme Court dissent gave birth to a meme that subverts free speech and civil liberties
Another significant administrative law grant of certiorari (and a dog that didn't bark).
Justice Neil Gorsuch criticized "the government's attempt to lodge secret evidence in this case." Still, things look grim for the app.
Despite some notable wins, the president-elect's overall track record shows he cannot count on a conservative Supreme Court to side with him.
Patrick Darnell Daniels Jr. was sentenced to nearly four years in prison for violating a federal law that bars drug users from owning firearms.
A local government gave ownership of Kevin Fair's Nebraska house—and all of its value—to a private investor, in a practice known as home equity theft.
Roberts identifies genuine problems, but little in the way of good solutions. He also sometimes overlooks ways in which the Supreme Court is partly responsible for the challenges the judiciary faces.
A Utica, New York, land grab offers the justices an opportunity to revisit a widely criticized precedent.
A growing body of evidence suggests bans on flavored vaping products will result in more young people smoking, but the FDA does not seem to care.
The case gives the Supreme Court an opportunity to revisit a widely reviled decision that invited such eminent domain abuses.
The Juliana plaintiffs are again seeking Supreme Court review of their case.
Whether or not the government is required under the 5th Amendment to pay such victims will remain an open question.
A TikTok ban could devastate thousands of independent workers, but the real challenge lies in modernizing labor laws to support the new economy.
The government has given itself special powers to deal with crimes that it could already prosecute.
The ban violates the First and Fifth Amendments. Strike it down.
