Trump SCOTUS Contender Diane Sykes on the 1st Amendment Right to Record the Police
A review of Judge Sykes's majority opinion in ACLU of Illinois v. Alvarez.
Supreme Court
Ohio Lawmakers Vote to Ban Abortion Just a Few Weeks Post-Conception
The 'Heartbeat Bill' was considered too unconstitutional to touch, but "Trump's election changed the dynamic."
The Trouble With Trump SCOTUS Contender William H. Pryor
There are reasons to worry about the 11th Circuit judge on Trump's Supreme Court shortlist.
On Flag Burning, Trump Differs With Scalia but Agrees With Clinton
The justice Trump admires twice voted to overturn criminal penalties for flag burning, which Clinton later tried to reinstate.
The Case for Optimism About Trump's Presidency
Leading libertarian thinkers say the billionaire bully might be better than Obama and Hillary on foreign policy, education, and more.
Democrats Abandoned the Rule of Law. Under President Trump, Will They Help Restore It?
Libertarian legal scholar Randy Barnett on what Trump's victory means for the Supreme Court and our constitutional rights.
What the Election of Donald Trump Means for the Future of the Supreme Court
Trump's win has already impacted SCOTUS.
'Crooked Hillary' Is No Reason to Restore the Independent Counsel Statute
Some politicians are dishonest. But it's far healthier for democracy if the voters get to sort that out in elections.
Shrink the Supreme Court?
A GOP proposal to deny Clinton's appointment choices may backfire.
On Transgender Students, Do the Right Thing in the Right Way
Don't make excuses for even more unchecked executive power.
3 Cheers for Gary Johnson's Supreme Court Short List
The Libertarian candidate picks several libertarian friendly legal minds.
SCOTUS Will Consider Challenge to Ban on Social Media Use by Sex Offenders
A man arrested for using Facebook argues that North Carolina's law violates the First Amendment.
How Citizens United Protects a Mezcal Company's Right to Critcize Donald Trump
Corporations, free speech, and why "Donald eres un pendejo."
The Dumbest Attack on Clarence Thomas You'll Read Today
The New Yorker faults the conservative justice for leaving no "footprints" at SCOTUS.
Clinton Is a Threat to the 2nd Amendment—and the 1st
Her positions on gun ownership and political speech are at odds with the Bill of Rights.
Sen. Jeff Flake: If Hillary Clinton Wins, GOP Should Vote Quickly on Merrick Garland's SCOTUS Nomination
What happens to Merrick Garland after the November election?
Trump Invokes 'the Constitution the Way It Was Meant to Be,' Yet Trump's Agenda Is Manifestly Unconstitutional
Reviewing the GOP candidate's positions on constitutional issues.
Neither Trump Nor Clinton Understands What the Supreme Court Is Supposed to Do
Both candidates promise appointees who share their policy views.
Constitutional Originalists Against Trump
Why top libertarian and conservative legal scholars oppose the GOP candidate.
Sen. Mike Lee Thinks Merrick Garland Will Be a 'Lock Step' Liberal Vote on SCOTUS
But what about Fourth Amendment cases?
Trump Will Torch the Supreme Court
Conservatives hoping Trump will be better than Hillary on SCOTUS are fooling themselves.
Gary Johnson Praises Anthony Kennedy, Unaware That Kennedy Voted for Eminent Domain Abuse in Kelo v. City of New London
"I didn't realize that Kennedy actually was part of that."
Trump Won't Save the Supreme Court From Liberals, He'll Torch It
Conservatives voting for him because he'll appoint originalists are fooling themselves
SCOTUS Won't Hear Illinois Sheriff's Appeal of Order to Stop Threatening Credit Card Companies for Working With Backpage
Visa and Mastercard had ceased serving the site under threat of sanction from the Illinois sheriff.
Why Do We Force Employers to Cover the Full Cost of Birth Control but Not Food?
Why the contraception but not the meatball sub?
Supreme Court to Weigh 'Malicious Prosecution' and the 4th Amendment
SCOTUS will hear oral arguments this week in Manuel v. City of Joliet.
Can Trump Be Trusted on Supreme Court Appointments?
The GOP candidate releases an expanded of potential SCOTUS picks.
Federal Judge Upholds Ban on Unlicensed African Hair-Braiding, Says Courts Must Show 'Great Deference' to Government Regulations
"This case illustrates the great deference that federal courts must show to government regulations," claims judge.
Future Supreme Court Picks
The next president could choose up to five Supreme Court Justices.
Hillary Clinton vs. Merrick Garland
The Democratic presidential candidate disavows Obama's SCOTUS pick.
Today in History: Socialist Eugene Debs Sentenced to Prison for Giving Anti-War Speech
In case in which the government and the courts rejected the First Amendment.
Why Hillary Clinton Refuses to Say Whether Merrick Garland Will Be Her SCOTUS Pick
The Democratic hopeful stays silent on renominating Obama's stalled candidate.
Gary Johnson on SCOTUS: 'We Don't Have Litmus Tests, But Kelo Really Stands Out'
The Libertarian presidential candidate discusses the future of the U.S. Supreme Court.
Federal Judge Denounces Judicial Deference to Federal Regulatory Agencies
Says Chevron deference equals "the abdication of the judicial duty."
Randy Barnett on Trump, the Supreme Court, and the Future of the Republican Party
Is the GOP becoming the party of European-style nationalism?
Stephen Breyer, Advocate of Pro-Police Judicial Deference, Turns 78 Today
The liberal jurist was born on this day in 1938.
George Will on the Limits of Majority Rule
"What we need is an engaged judiciary asserting the fact that the essence of America is not majority rule, it is liberty."
Gary Johnson and the Promise of Libertarian Constitutionalism
Is the Constitution a libertarian document?
Alabama's Chief Justice Faces Possible Ejection over Gay Marriage Resistance
It would be the second time Roy Moore was stripped of his title.
William Weld's Troubling Praise for Supreme Court 'Idol' Hugo Black
Gary Johnson and William Weld discuss SCOTUS on CNN's Libertarian Town Hall.
Supreme Court Temporarily Blocks Transgender Bathroom Ruling
Will consider whether to rule on school policies and Title IX.
Delaware Supreme Court Rules Death Penalty Unconstitutional
Judges say death penalty violates 6th Amendment right to a jury
Supreme Court Appointments a Big Deal Because Government Constantly Overstepping Bounds
If the other branches of government stayed within their constitutional limits, the Supreme Court wouldn't be as prominent.
Is SCOTUS a Good Reason to Support Trump? Libertarian and Conservative Legal Experts Weigh In
What libertarian and conservative legal experts think about Trump.
Why Trump Will Wreck the Constitution Worse Than Even Hillary
He has not a constitutional bone in his body
