How Antonin Scalia Shaped—and Misshaped—American Law
The mixed legacy of the late Supreme Court justice
Supreme Court
The Fourth Amendment and the Fruit of the Poisonous Tree
The USA Freedom Act provides cover for unconstitutional searches of citizens.
Justice Stevens Is Wrong About the Constitution, Again
The retired SCOTUS justice takes aim at the First Amendment, the Second Amendment, and the Fifth Amendment.
Clarence Thomas Faults SCOTUS for Enabling Government Abuse and Undermining the 5th Amendment
The Supreme Court refuses to hear an important constitutional case.
Justice Kennedy to Government Lawyer: 'You're Asking Us to Make It a Crime to Exercise What Many People Think Of As a Constitutional Right'
SCOTUS hears arguments in Birchfield v. North Dakota.
Today at SCOTUS: Warrantless Drunk Driving Tests and the Fourth Amendment
Supreme Court weighs constitutional rights against law enforcement powers.
Supreme Court Makes Important Mandatory Minimum Ruling Retroactive
Some in federal prison may see sentence reductions.
The DAPA Debacle Shows Obama Has Failed as a Unifier
The Supreme Court is hearing oral arguments today in the backdrop of a deeply divided country
76-Year-Old Asks SCOTUS to Overturn Life Sentence for 37 Pot Plants
Lee Carroll Brooker, a victim of Alabama's habitual offender law, argues that his punishment violates the Eighth Amendment.
Here's Why Ted Cruz Fought to Keep Sex Toys Illegal in Texas
The battle over state power, unwritten rights, and the 14th Amendment
Progressives and Eugenics: The Case of Justice Brandeis
Understanding the progressive movement's ugly record.
Why Merrick Garland Should NOT Be on the Supreme Court
Libertarian legal eagle Randy Barnett explains why Garland's deference to Congress is a deal breaker.
Sure Merrick Garland is Qualified But That's Not Enough
Randy Barnett of Georgetown University Law Center says we need to look beyond qualifications to judicial philosophy.
Almost Everybody Wants Federal Sentencing Reform, So Why Hasn't It Happened?
Election year posturing and new Supreme Court nominee fight push it down the agenda.
A Conservative Wish List of SCOTUS Candidates Shows the Influence of the Libertarian Legal Movement
Texas Justice Don Willett makes the cut.
SCOTUS Delivers Big Win for Criminal Defendant in 6th Amendment Case, Rejects Pre-Trial Freezing of Non-Tainted Assets
The Supreme Court issues a 5-3 opinion in Luis v. United States.
SCOTUS Divides 4-4 in Public-Sector Union Dues Case, Affirms Pro-Union Lower Court Decision
Supreme Court decides Friedrichs v. California Teachers Association.
Why the Merrick Garland Nomination Is a Disappointment to Progressives
Left-wing activists complain about Obama's SCOTUS pick.
The Perils of Merrick Garland's Moderation
The Supreme Court nominee's deference to government should disturb progressives as well as conservatives.
SCOTUS Turns Away Oklahoma and Nebraska's Challenge to Legal Pot in Colorado
Perturbed by smuggling, the two states had demanded an end to their neighbor's licensing and regulation of marijuana merchants.
Supreme Court Vacates Massachusetts Ruling That Found Stun Guns Ineligible for 2nd Amendment Protections
SCOTUS rejects lower court ruling in Caetano v. Massachusetts.
SCOTUS Declines Opportunity to Limit Random Border Patrol Stops
The Court's decision leaves motorists vulnerable to the whims of armed government agents who can stop them at will.
How About a Non-Lawyer, Non-Ivy Leaguer, on the Supreme Court?: Instapundit
Also suggests that Senate prepares standing list of candidates.
Merrick Garland Helped Uphold the DEA's Refusal to Reclassify Marijuana
But the case, which hinged on the DEA's broad statutory discretion, does not say much about the SCOTUS nominee's drug policy views.
Merrick Garland on Citizens United, the First Amendment, and Campaign Finance Regulation
Examining SCOTUS nominee Merrick Garland's vote in SpeechNow.org v. FEC
What's John Kasich Thinking? And Who Is Merrick Garland?
Listen to Matt Welch, Elizabeth Nolan Brown, Damon Root, and Matt Kibbe on Sirius XM channel 121 at Noon ET
Obama Nominates Merrick Garland to Replace Antonin Scalia on the Supreme Court
D.C. Circuit Judge Merrick Garland nominated for SCOTUS
Meet Paul Watford, One of Obama's Potential Nominees to Replace Scalia on the Supreme Court
What do we know about possible SCOTUS nominee Paul Watford?
4 Things to Know About Sri Srinivasan, Obama's Potential Nominee to Replace Scalia on the Supreme Court
Examining the record of a possible SCOTUS nominee.
Does the 1st Amendment Apply to Political Ads in Public Transit Systems? SCOTUS Refuses to Weigh In, Clarence Thomas Dissents
Supreme Court declines to hear arguments in American Freedom Defense Initiative v. King County.
Will Texas' Use of 'Safety Regulations' to Close Abortion Clinics Be Declared Unconstitutional?
SCOTUS heard testimony last week.
A 10-Year Mandatory Minimum Hinges on the Inartful Placement of Five Words
The law of the last antecedent beats the law of lenity.
Hints That SCOTUS May Overturn the Texas Abortion Law
Anthony Kennedy, the swing vote, suggests an "undue burden" on abortion rights can hinge on the strength of the state's justification.
When Conservatives Love Overregulation
Abortion opponents embrace the smothering power of pointless, picayune rules.
Today at SCOTUS: Abortion Regulations on Trial
The Supreme Court hears oral argument in Texas abortion case.
Clarence Thomas Suggests That Permanently Losing Your Gun Rights Is No Small Thing
Maybe Congress needs better reasons to bar people from owning firearms.
SCOTUS Refuses to Intervene After Federal Court Allows Special-Interest 'Economic Favoritism' to Proceed
Supreme Court rejects appeal in Sensational Smiles, LLC v. Mullen.
How Scalia's Absence Could Protect the Exclusionary Rule
SCOTUS seems evenly divided on a drug search arising from an illegal stop.
Joe Biden in 1992: No SCOTUS Nominations 'Until After the November Election Is Completed'
Biden changes his tune on election year Supreme Court appointments.
After Scalia, Obama Faces Tough Choices on Nomination
Will Obama go for a fight that will mobilize the Democratic base, or choose a candidate who has some distantly plausible chance of confirmation?
Scalia on Drugs
Cases involving drug prohibition reveal the late justice's fickle fidelity to the Fourth Amendment and federalism.
Republicans Shouldn't Fear a Supreme Court Fight
Republicans stand to lose more if they don't fight an Obama nomination
Remembering Scalia's Sense of Humor - And When the Court Was WASPy To the Max
Abortion, not religion per se, is the thing people care about most when it comes to the religious views of justices.
What Did Scalia's Second Amendment Cover?
The late justice left unresolved the constitutionality of "assault weapon" bans and restrictions on carrying guns in public.
