Critics of the Arizona Supreme Court's Abortion Ruling Seem Confused About What Judges Are Supposed To Do
The case hinged on statutory interpretation, not the merits of the state's 1864 ban.
Supreme Court
Dormant Commerce and Corporate Jurisdiction
A look at personal jurisdiction after Mallory.
Trump's Abortion Stance Is Convenient, but That Does Not Mean He's Wrong
His embrace of federalism is one of those rare instances when political expedience coincides with constitutional principles.
What Should a Textualist Think about Trump's Claims of Presidential Immunity?
An interesting amicus brief urges the justices not to rely upon penumbras and emanations in construing the scope of Presidential immunity.
Embracing a Federalist Approach to Abortion, Trump Condemns Democrats As 'Radical'
The former and would-be president is keen to avoid alienating voters who reject both kinds of extremism on the issue.
Senator Blumenthal Suggests Justice Sotomayor Should Think About Retiring (Without Calling Upon Her to Do So)
Public calls continue for Justice Sotomayor to step down so that President Biden can name her replacement before the election.
Colorado Legislators Ditch Plan To Ban Guns in Dozens of 'Sensitive Places'
The amended bill applies only to schools, polling places, and certain government buildings.
Who Can Sue the Food and Drug Administration?
If doctors cannot sue the FDA for failing to restrict pharmaceuticals or other products, can anyone else? And if not, is this a problem?
The Traditionalist Supreme Court
Professor Marc De Girolami's assessment of the Roberts Court.
Supreme Court Unpersuaded
Plus: Vanderbilt activists' 911 call, Kevorkianniversary, MAID problems, and more...
Mifepristone in the Supreme Court - Comments on Oral Argument (Updated)
Live commentary on the Supreme Court oral argument in FDA v. Alliance for Hippocratic Medicine
Greater Protections for Assange
Plus: Abortion pill case, another fatal subway crime, China's Cultural Revolution, and more...
Can Emergency Room Doctors Sue the FDA for Failing to Regulate Mifepristone More Aggressively?
The threshold issue in today's oral argument is Article III standing, and that issue should be determinative.
Supreme Court Shows Little Interest in Investigating Executive Power under the Antiquities Act
Yet another case that Justice Kavanaugh would like to hear that does not interest enough of his colleagues.
This Colorado Bill Would Abolish the Right to Armed Self-Defense in Many 'Sensitive Places'
Legislators are taking a page from constitutionally dubious state laws that make carry permits highly impractical to use.
Solicitor General Takes Vaping to the Supreme Court
The Department of Justice is asking the Supreme Court to review the Fifth Circuit's Rejection of the FDA's "Surprise Switcheroo."
Will the Supreme Court Let Sylvia Gonzalez Sue the Political Enemies Who Engineered Her Arrest?
"Mayors should not be allowed to launder animus through warrants," the former city council member's lawyer told the justices.
Biden Decries Criminalization of Cannabis Consumers Even As He Insists They Have No Second Amendment Rights
Hours before the president said "no one should be jailed" for marijuana use, his Justice Department was saying no one who uses marijuana should be allowed to own guns.
Supreme Court Considers Claim That New York Regulators Violated NRA's First Amendment Rights
State officials “jawboned” financial firms into cutting ties with the gun-rights group.
The Supreme Court Should Reject Clandestine Government Censorship of Online Speech
The Biden administration’s social media meddling went far beyond "information" and "advice."
'Hamstringing the Government': A Viral Narrative Distorts Ketanji Brown Jackson's Understanding of Free Speech
If partisans have one thing in common, it's confirmation bias.
Supreme Court Says Officials Who Block Critics on Social Media Might Be Violating the First Amendment
The justices established guidelines for determining whether that is true in any particular case.
Texas Barred From Detaining Border-Crossers
Plus: Cuba's collapse, D.C.'s crime rate, Austin's housing market, and more...
SCOTUS Ponders Whether the Biden Administration Coerced Social Media Platforms To Censor Speech
Several justices seemed concerned that an injunction would interfere with constitutionally permissible contacts.
The New York Times Again Worries That Free Speech Endangers Democracy
The newspaper portrays the constitutional challenge to the government's social media meddling as a conspiracy by Donald Trump's supporters.
Study Estimates Nearly 96% of Private Property Is Open to Warrantless Searches
The Institute for Justice says its data show that a century-old Supreme Court doctrine created a huge exception to the Fourth Amendment.
Abortion Pill Studies Retracted: Politics or Science?
"Following the science" as the Supreme Court considers the safety and efficacy of medical abortions.
FIRE Highlights the Blatant Hypocrisy of State Officials Who Decry Government Meddling With Social Media
Even as they attack the Biden administration's crusade against "misinformation," Missouri and Louisiana defend legal restrictions on content moderation.
New Lawfare Article on "What the Supreme Court Got Wrong in the Trump Section 3 Case"
I argue that the justices botched the legal analysis and relied too much on questionable policy considerations.
SCOTUS Takes on Chevron Deference
New Jersey fishermen are challenging a 40-year-old precedent that gives executive agencies too much power.
Michael Rappaport on "the Originalist Disaster" of the Supreme Court's Ruling in Trump v. Colorado
A leading originalist legal scholar explains what the Court got wrong.
Should Justice Sotomayor Retire? Some People Think So.
Some liberals and progressives think Justice Sotomayor should retire this year to ensure a Democratic President names her replacement.
Supreme Court Tells Texas to Hold On
Plus: More reactions to the Supreme Court's other decision in the Trump ballot disqualification case, D.C.'s continued minimum wage confusion, California's primary elections, and more...
Were There Last Minute Changes to Trump v. Anderson?
There are reasons to suspect the justices were wrangling over language up until the last minute.
Rank Choices
Plus: A listener asks the editors for short quotes from fictional works that are representative of libertarian ideas.
Supreme Court Unanimously Rules That States May Not Disqualify Trump As an Insurrectionist
Three justices who concurred in that judgment accuse the majority of trying to "insulate all alleged insurrectionists from future challenges" by going further than necessary.
Town Says Burger Joint's Mural Can't Show Any Burgers
Salina, Kansas, restaurant owner Steve Howard argues in a new lawsuit that the city's sign regulations violate the First Amendment.
California Violated the Second Amendment by Disarming People Based on Nullified Convictions
A federal judge ruled that three men who committed nonviolent felonies decades ago are entitled to buy, own, and possess guns.
The Supreme Court's Grant in Trump v. U.S. (UPDATED)
The justices reframed the question presented in the case and expedited its consideration.
SCOTUS Takes on Trump
Plus: Balkan begging, California corruption, Russian gravediggers, and more...
SCOTUS Ponders the Implications of Prosecuting Gun Owners for a Crime Invented by Bureaucrats
Several justices seemed troubled by an ATF rule that purports to ban bump stocks by reinterpreting the federal definition of machine guns.
Supreme Court Looks Poised To Gut Restrictive Social Media Laws
The First Amendment restricts governments, not private platforms, and respects editorial rights.
Texas and Florida Say the First Amendment Must Be Sacrificed to Save It
Supreme Court arguments about two social media laws highlight a dangerous conflation of state and private action.
Preview of Supreme Court Bump Stock Case
In Cargill v. Garland, the Court should apply the National Firearms Act text that Congress did enact, and not the text that gun control advocates wish had been enacted.
Most Justices Seem Skeptical of the Florida and Texas Social Media Laws
The Supreme Court seems inclined to recognize that content moderation is protected by the First Amendment.
Supreme Court Seems Likely to Strike Down Florida and Texas Social Media Laws
The laws violate the First Amendment because they require social media sites to abjure most content moderation, and platform speech they disapprove of.
