Supreme Court
Neil Gorsuch and Samuel Alito Butt Heads Over the Fourth Amendment, Again
Gorsuch advances another property rights theory of the Fourth Amendment that Alito rejects.
The Supreme Court's Big Public Sector Union Case Is Really About Free Speech
Can public sector unions force recalcitrant workers to pay dues, or does that violate the First Amendment?
We Have Opinions (from SCOTUS)
The Supreme Court issues three opinions, for a grand total of four so far this term.
Suspicionless Immigration Bus Sweep Caught on Video
If you hear "papers, please" on a Greyhound, thank the Supreme Court.
The Limits of Textualism and the Union Agency Fee Case
I'm all for carefully reading the words of the Constitution, and applying the distinctions that it draws -- but we need to make sure we're understanding just what those distinctions are.
Why There's No First Amendment Problem With Compulsory Union Agency Fees
Will Baude and I have cosigned a new amicus brief on this in Janus v. AFSCME.
A Big Supreme Court Term Just Got Bigger
The Supreme Court agrees to hear challenges to Travel Ban 3.0
Internet Taxes, the Supreme Court, Old Decisions, and New Facts
A very interesting analysis of the Supreme Court's new Internet tax case (South Dakota v. Wayfair, Inc.), by Notre Dame Prof. Randy Kozel.
Where Are the Supreme Court's Opinions?
The Supreme Court is releasing opinions at the slowest rate in over a century.
How the Supreme Court Is Aiding and Abetting Occupational Licensing Abuse
Williamson v. Lee Optical of Oklahoma, Inc. should be overruled.
New York City Unleashes Eminent Domain Abuse on Immigrant Dry Cleaners in East Harlem
Another day, another shady land grab scheme by New York officials.
No, Trump Still Can't Outlaw Mocking Him
When it comes to "opening up" the First Amendment, the president's bark is worse than his bite.
Can the 'Automobile Exception' Run Over the Fourth Amendment?
Justices hear challenge to Virginia court's expansion of warrantless vehicle searches.
Exciting Developments in Supreme Court Appellate Jurisdiction
Some would call it the second coming of Marbury v. Madison.
Blame the Supreme Court for Letting the Feds Target Legal State Pot
The awful precedents that helped empower Attorney General Jeff Sessions
Can Land Uninhabitable by an Endangered Species Nonetheless Be 'Critical Habitat' Under the Endangered Species Act?
The Supreme Court is asked to review an expansive interpretation of the Fish & Wildlife Service's authority to designate critical habitat for listed species.
The Fourth Amendment, the Exclusionary Rule, and Illegal Government Searches
Why illegally obtained evidence is generally inadmissible in court.
Is Lucia Still Cert-Worthy?
While the Trump Administration supports Supreme Court review, it's not clear there's enough in the case to interest the justices.
States Partner to Sue Massachusetts, California Over Costly Livestock Bans
Two states attempt to dictate how farmers outside their boundaries treat their animals.
Justices Alito and Gorsuch Clash Over Cellphones, Privacy, and Property Rights
Oral arguments in Carpenter v. U.S. reveal a division between two conservative justices.
Senate Confirms Libertarian-Minded Jurist Don Willett to Federal Judgeship
Willett confirmed to a seat on the 5th Circuit by 50-47 vote.
Did the Alabama Special Election Increase the Odds of Justice Kennedy's Retirement?
If Anthony Kennedy would like to see his successor confirmed by the Senate, he might decide June 2018 is a good time to go.
Everything You Wanted To Know About The Volokh Conspiracy: Podcast
Eugene Volokh runs the most important legal blog in the country. Here's his take on gay wedding cakes, free speech, and President Trump's judicial appointments.
A U.S. Citizen Suspected of Joining ISIS Has Been Held for Months Without Charges or a Lawyer
The Supreme Court ruled in 2004 that Americans get due process when accused of terrorism, and yet...
Supreme Court Won't Decide Whether Civil Rights Act Bans Anti-LGBT Discrimination
Lower courts are split on whether sex-based protections cover orientation.
Trump's Executive Order on Sanctuary Cities Flunks the Constitutional Test
Why the Trump administration lost in federal court.
These Three Cases Define This Month at the Supreme Court Term: Podcast
How to think about gay wedding cakes, Fourth Amendment rights, and whether the federal government can ban sports betting. Plus: How will Neil Gorsuch vote?
Texas Justice Don Willett Is One Step Closer to Being Confirmed to the Federal Bench
Senate Judiciary Committee votes 11-9 to advance Willett's nomination to the Senate floor.
Justice Dept. Opposes Mandatory Union Dues for Public Employees, Reversing an Old Position
DOJ argues workers are being forced to subsidize political positions with which they may disagree.
Kentucky Top Court to Consider Shop's Refusal to Print Gay Pride T-Shirts
This is a clear-cut case of unconstitutional compelled speech with an easy verdict.
Chris Christie's Situational Federalism
New Jersey's governor says states have a right to legalize sports betting but not marijuana.
Can States Compel You to Bake a Cake Against Your Will? The Supreme Court Will Decide.
Masterpiece is the first such case to make it to the justices.
Supreme Court Allows Trump's Travel Ban to Go Into Full Effect
But legal challenges to the ban are still ongoing.
Supreme Court Today Mulls Whether Bakers Can Be Forced to Make Gay Wedding Cakes
Public accommodation laws clash with freedom of religion and compelled speech.
Today at SCOTUS: Does the Federal Ban on Sports Gambling Violate the 10th Amendment?
The Supreme Court hears oral arguments in Christie v. N.C.A.A.
Declining to Bake a Gay Wedding Cake Is Not the Same As Banning Gay Marriage
The point seems to elude The New York Times.
Coming Soon to SCOTUS: Federal Sports Betting Ban vs. the 10th Amendment
What's at stake next week in Christie v. N.C.A.A.
Trump Administration Lawyer Pummeled by Sotomayor and Gorsuch in Cellphone Tracking Case
"Most Americans, I think, still want to avoid Big Brother."
No, Chief Justice John Roberts Is Not a 'Secret Liberal'
The chief justice is a legal conservative who sometimes practices judicial deference.
Today at SCOTUS: Warrantless Cell Phone Tracking vs. the Fourth Amendment
What's at issue today in Carpenter v. United States.
Your Secrets Are Not Safe With Anyone
A cellphone tracking case gives SCOTUS a chance to reconsider a doctrine that threatens everyone's privacy.
This Awful SCOTUS Decision Helped Create Today's Civil Asset Forfeiture Racket
Bennis v. Michigan should be overruled.
Why Trump Deserves to Lose in Federal Court on Sanctuary Cities
The president's executive order is unconstitutional under the 10th Amendment and the separation of powers.
The Senate Democrats' Pathetic Attack on Justice Don Willett
The 5th Circuit nominee faces the Senate Judiciary Committee.
Are You Allowed to Vote While Wearing a 'Don't Tread on Me' T-Shirt? SCOTUS Will Soon Decide
The Supreme Court agrees to hear the First Amendment case Minnesota Voters Alliance v. Mansky.
