Supreme Court
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.
Neil Gorsuch Confirmation Hearings: What You Need to Know About the SCOTUS Nominee
Today the Senate Judiciary Committee begins confirmation hearings on the nomination of Judge Neil Gorsuch to the U.S. Supreme Court.
Why Several Western States Are Watching This Important Property Rights Case
Supreme Court will hear oral arguments Monday in Murr v. Wisconsin, which tests the rules for when governments must pay compensation for regulatory takings.
3 Questions for SCOTUS Nominee Neil Gorsuch
What the Senate Judiciary Committee should ask the Supreme Court candidate.
Why Occupational Licensing is a Due Process Issue
GMU law scholar David Bernstein on how liberal and conservative judges can find common ground by embracing the right to pursue work.
The Slants: The Band Who Must Not Be Named
Bassist Simon Tam talks about his band's Supreme Court fight to trademark its controversial name.
More Evidence That What Counts as 'Religious Freedom' Is Always In Dispute
SCOTUS unanimously upheld the ministerial exception five years ago. It's already being challenged again.
The Lingering Impact of Justice Kennedy's Trumpesque Claim About Sex Offenders
Courts assume a "frightening and high risk of recidivism," based on an unsupported claim in Psychology Today.
America 'Not the World's Lawgiver,' Justice Thomas Protests in 'Dracula' Sex-Trafficking Case
Can U.S. courts compel non-citizens to pay restitution to other non-citizens for crimes that took place abroad? Apparently so.
Supreme Court Punts Transgender Bathroom Case Back Down
Removal of Obama Administration's orders erases question about whether the courts should defer.
Clarence Thomas Condemns Civil Asset Forfeiture, Points to 'Egregious and Well-Chronicled Abuses'
Justice Thomas says SCOTUS should review the constitutionality of asset forfeiture in a future case.
