Overruling Trump's Tariffs Should Be an Easy Decision for SCOTUS
Plus: A love letter to the heavy metal band Slayer.
Supreme Court
Trump's Attack on the Federalist Society Is a Bad Omen for Originalism
The MAGA loyalty that Trump demands is anathema to everything that originalism is supposed to be about.
Is Justice Barrett "Solidifying Herself as the Swing Justice"?
Claims that Justice Amy Coney Barrett is at the center for the Court are not supported by the data. The truth is more complicated.
SCOTUS Allows Trump Administration to Revoke Parole Status of Noncitizens Present under CHNV Program
A reminder that the Executive Branch retains substantial discretionary authority over immigration policy and will prevail in court when that authority is properly exercised.
Supreme Court Unanimously Agrees To Curb Environmental Red Tape That Slows Down Construction Projects
The case involved a fully permitted railroad track in Utah that has yet to break ground because of environmental lawsuits.
"The Central Principle of Judicial Review in NEPA Cases Is Deference"
Some additional thoughts on today's Supreme Court decision in Seven County Infrastructure Coalition.
Supreme Court Narrows Scope of NEPA Review
Environmental Impact Statements do not have to consider upstream and downstream effects.
Can Schools Ban This 'There Are Only Two Genders' Shirt? Supreme Court Declines To Hear Free Speech Case
A Massachusetts 7th grader was sent home for wearing the shirt, though the school allows students to challenge the idea it conveyed.
The Supreme Court Said States Can't Discriminate in Alcohol Sales. They're Doing It Anyway.
Two decades after Granholm v. Heald was supposed to end protectionist shipping laws, states and lower courts continue to undermine the decision.
Trump's Mass Cancellation of Student Visas Illustrates the Lawlessness of His Immigration Crackdown
A federal judge blocks the administration's "Student Criminal Alien Initiative," which targeted foreign students who had no criminal records.
Baude on Trump v. Wilcox: "Predictable and Reasonable"
A defense of the Supreme Court's decision to let President Trump remove members of the NLRB and MSPB.
The Executive Power Case That Unites Donald Trump and Franklin Roosevelt
Trump’s firing of a federal agency head may soon spell doom for a New Deal era precedent that limited presidential power.
A Split Supreme Court Says Oklahoma Can't Have a Religious Charter School
The deadlocked court doesn't provide much clarity to sticky questions about the limits of religious freedom.
A Federal Judge Says New Mexico Cops Reasonably Killed an Innocent Man at the Wrong House
U.S. District Judge Matthew Garcia rejected the argument that the officers "recklessly created the need to apply deadly force by going to the wrong address."
The FTC's Probe Into 'Potentially Illegal' Content Moderation Is a Blatant Assault on the First Amendment
In the name of "restoring freedom of speech," FTC Chairman Andrew Ferguson wants to override the editorial judgments of social media platforms.
Supreme Court Restores Maine Legislator's Voting Rights Pending Outcome of Appeal
The Maine legislature has sought to silence and disenfranchise one of its members due to objections to things she said.
The Supreme Court Unanimously Rejects a 'Very Narrow Approach' to Deadly Force by Police
The decision revives a lawsuit against a Texas officer who shot a driver after endangering himself by jumping onto a moving car.
A Major Property Rights Case Idles on Supreme Court Docket
The Court has been punting for months on whether it will take up a legal challenge brought by Los Angeles landlords alleging their city's COVID-era eviction ban was a physical taking.
Supreme Court Allows DHS to Suspend Temporary Protected Status for Venezuelans
The latest SCOTUS order shows the justices are taking a more nuanced approach to district court injunctions of Trump Administration policies than its critics, left or right.
Supreme Court Issues Ruling Temporarily Blocking Alien Enemies Act Deportations
The ruling held that migrants detained under AEA had not been given adequate notice of their potential deportation. It also reflects the Court's growing distrust of the Trump Administration.
Supreme Court Enjoins Summary Removal of Alleged Tren de Aragua Members under Alien Enemies Act
A majority of the justices seem unconvinced the Administration was prepared to provide the process that was due. Justices Alito and Thomas dissent.
The Supreme Court May Rule for Trump on Nationwide Injunctions but Probably Not on Birthright Citizenship
The president's executive order on birthright citizenship had its first test before the Supreme Court.
Trump's Case Against Birthright Citizenship Is a Constitutional Loser
The text and history of the Fourteenth Amendment run counter to Trump’s executive order.
Since Immigration Is an 'Invasion,' a Top Trump Adviser Says, the President Might Suspend Habeas Corpus
Stephen Miller's understanding of the Constitution is dubious for several reasons.
Defenders of Trump's Birthright Citizenship Order Offer an Implausible Take on a 127-Year-Old Precedent
Briefs urging the Supreme Court to stay injunctions against the order challenge "the conventional wisdom" about the meaning of an 1898 decision interpreting the 14th Amendment.
David Souter Shaped the Supreme Court Through the Backlash He Inspired
The late justice was appointed by a Republican but quickly established himself as a judicial liberal.
Homer Nodded in the U.S. Reports
How the phrase ended up in an opinion after it had been omitted.
Government Argues It's Too Much To Ask the FBI To Check the Address Before Blowing Up a Home
The Department of Justice told the Supreme Court there were "policy tradeoffs that an officer makes" in determining if he should "take one more extra precaution" to make sure he's at the right house.
President Biden's and the Democrats' Assault on the Supreme Court and the Rule of Law
Democrats tried to alter unconstitutionally the membership of the Supreme Court; they extorted Facebook into censoring free speech; they issued presidential executive orders unsupported by statute; and they pushed unprecedented prosecutions of Biden's predecessor in office, and his 2024 opponent, in the presidential race.
An Intelligence Memo Casts Further Doubt on Trump's Nonsensical Definition of 'Alien Enemies'
A declassified assessment contradicts the president's assertion that Tren de Aragua is "closely aligned with" the Venezuelan government and acts at its "direction."
'Federal Courts Have No Role To Play,' Trump Tells SCOTUS in Latest Deportation Case Filing
The Trump administration is desperate to avoid judicial review.
School Choice Could Defuse Culture War Fights
A Supreme Court case about religious parents' rights underscores a deeper problem: Without choice, public schools become a culture war battleground with no exit.
The IRS Says Your Digital Life Is Not Your Property
A Supreme Court case could determine whether Americans own their digital data—or whether the government can take that information without a warrant.
Trump's Tattoo Fantasy Raises the Question: If He Were Senile, How Would We Know?
The president's bizarre insistence that Kilmar Abrego Garcia "had MS-13 tattooed" on "his knuckles" makes him seem like a confused old man.
This Is Not the 5-4 Supreme Court Split You Were Looking For
A statutory interpretation case, involving national emergencies, splits the justices in an unusual way.
Why the FBI Arrested Judge Hannah Dugan
The Wisconsin judge is charged with obstruction of justice and concealing an undocumented alien to prevent his arrest.
A Federal Judge Greenlights a Lawsuit That Claims Florida's Ban on Lab-Grown Meat Is Unconstitutional
U.S. District Judge Mark Walker says Upside Foods has plausibly alleged that the law's protectionism violates the "dormant" Commerce Clause.
Trump's Understanding of Due Process Is Just As Farcical As His Definition of 'Alien Enemies'
A new ACLU lawsuit argues that the government still is not giving alleged gang members the "notice" required by a Supreme Court order.
Judge Says Trump Must Provide 'Notice of a Right To Seek Judicial Review' to Alien Enemies Act Deportees
A federal judge in Colorado rules against the Trump administration.
Parental Opt-Outs for Controversial Books
Plus: Cornell's cancel culture case, Trump's immigration policy approval ratings, and more...
Trump's Actions Contradict His Avowed Commitment to First Amendment Rights
The president has launched a multifaceted crusade against speech that offends him.
Here Is Why Harvard Argues That Trump's Funding Freeze Violates the First Amendment
The administration's demands extend far beyond its avowed concern about antisemitism and enforcement of "civil rights laws."
Treating Journalism As Consumer Fraud, Trump Claims Coverage of a Presidential Poll Was Not 'News Reporting'
The president's lawyers also conflate fraud with defamation, misconstrue the commercial speech doctrine, and assert that false speech is not constitutionally protected.
Alito and Thomas May Trust Trump To Follow a Court Order, but Gorsuch, Kavanaugh, and Barrett Seemingly Do Not
Understanding the Supreme Court's unusual late-night ruling against the Trump administration
Pope Francis Has Died
Plus: Ross Douthat on technological change, Trump on a possible Jerome Powell firing, and more...
6 Cases That Paved the Road to Mass Incarceration
In Justice Abandoned, a law professor argues that the Court got these key decisions wrong.
The Supreme Court Is About To Hear 2 Education Cases. Neither Goes Far Enough.
The Court will weigh religious opt-outs and charter school discrimination. But true educational freedom means funding students, not systems.
