Judging the Alito Retirement Rumors
Is the conservative Supreme Court justice planning to retire this year?
Supreme Court
A Federal Judge Explains Why Trump Can't Jail Legislators for Producing a Video That Offended Him
U.S. District Judge Richard Leon notes that Sen. Mark Kelly's comments about unlawful military orders were "unquestionably protected" by the First Amendment.
The Trump Administration Plans To Repeal EPA Finding That Greenhouse Gas Emissions 'Threaten' Public Health
The EPA under the Obama and Biden administrations invoked that finding to adopt strict and costly regulations aiming to reduce emissions.
Bad Bunny and the SCOTUS Precedent That Denies Constitutional Rights to Puerto Ricans
Plus: Is this the Supreme Court’s next big immigration case?
A First Amendment Lawsuit Challenges FTC Chairman Andrew Ferguson's Vendetta Against NewsGuard
The commission has targeted the news rating company with onerous record demands and a merger condition aimed at cutting off its revenue.
The Supreme Court Is Poised To Remind States That the Constitution Doesn't Stop at the Liquor Store
Lower courts keep inventing loopholes to uphold discriminatory booze regulations.
Mike Johnson Wants To Spare ICE the Hassle of Getting the Right Warrant Before Forcibly Entering a Home
Here's a quick reminder of what the Fourth Amendment has to say about that.
Drug Dogs Should Not Be Unleashed To Authorize Apartment Searches, a SCOTUS Brief Argues
The 4th Circuit held that the doorstep of an apartment did not qualify as protected "curtilage" under the Fourth Amendment.
If 'You Bring a Gun' to D.C., U.S. Attorney Jeanine Pirro Warns, 'You're Going to Jail'
The prosecutor's threat renewed concerns about the Trump administration's commitment to protecting Second Amendment rights.
Trump vs. Scalia on Sanctuary Cities and the Minneapolis Immigration Crackdown
Plus: Why is the Supreme Court’s tariff decision taking so long?
The Samuel Alito Nomination -- Twenty Years Later
A judicial appointment that began the Supreme Court's transformation.
The NRA and NORML Unite To Oppose the Federal Gun Ban for Marijuana Users
Drug policy reformers and Second Amendment advocates team up in a case before the Supreme Court.
Nondelegation and the Limits of Agency Authority After Consumers' Research and Loper Bright
A recent Federalist Society Teleforum with Adam White and Ilan Wurman
Supreme Court to Decide Firearms Ban for Marijuana Users
NRA Amicus Brief Argues that Ban Fails Bruen Test
Disarming Millions of Americans Simply Because They Use Marijuana Is Unconstitutional, a SCOTUS Brief Says
The Liberty Justice Center is urging the Supreme Court to uphold a 5th Circuit decision rejecting the claim that cannabis consumers have no Second Amendment rights.
The Feds Who Killed Alex Pretti Are Heavily Shielded From Being Sued. Blame the Supreme Court for That.
It is nearly impossible to sue a rights-violating federal agent under current caselaw.
Is the Fourth the New Ninth? - 2026 Update
Another summary reversal of a Fourth Circuit AEDPA decision.
Brett Kavanaugh Says Trump Threatens Federal Reserve Independence
Trump’s legal arguments “would weaken, if not shatter, the independence of the Federal Reserve,” the justice said.
The Insurrection Act, Which Trump Keeps Threatening To Invoke, Is Alarmingly Vague and Broad
The antiquated statute arguably allows the president to deploy the military in response to nearly any form of domestic disorder.
SCOTUS Seems Inclined To Reject Hawaii's Default Rule Against Guns on Private Property Open to the Public
The state requires carry permit holders to obtain advance permission before bringing firearms into businesses.
ICE Agents Flouted DHS Policies That Could Have Prevented Renee Good's Death
DHS tells officers to use "de-escalation tactics," employ "a verbal warning" instead of force when feasible, and avoid "placing themselves in positions" that trigger the use of deadly force.
When Is a Corporation Also New Jersey?
A few thoughts on the oral argument in Galette v. N.J. Transit Corp.
Eyes on Gorsuch as SCOTUS Weighs Transgender Student Athlete Bans
Plus: Still waiting on the tariffs case.
Brett Kavanaugh Is Rightly Skeptical of a Nationwide Ruling on Trans Athletes
State lawmakers should be more skeptical of overly broad laws, too.
19 States That Legalized Marijuana Use Nevertheless Say It Should Disqualify People From Owning Guns
They are joining the Trump administration in urging the Supreme Court to uphold a federal law that disarms "unlawful" drug consumers.
No, ICE Agents Do Not Have 'Absolute Immunity' From State Prosecution
How J.D. Vance misstated the law.
Video of the Minneapolis ICE Shooting Does Not Resolve the Issue of Whether It Was Legally Justified
The crucial question is whether the agent reasonably believed the driver he killed posed a threat, even if she was not actually trying to run him over.
Justice Sotomayor Authors First Opinion of Supreme Court's October 2025 Term
Contrary to widespread speculation, the Court's first opinion of an argued case concerned neither Trump's tariffs nor voting rights.
Transgender Athletes, Guns, and the Federal Reserve: 3 SCOTUS Cases To Watch in January
The Supreme Court’s January docket is packed with big cases.
A School District Cop Allegedly Did Nothing To Stop the Uvalde Mass Shooting. Was That Failure a Crime?
Adrian Gonzales is on trial for acts of "omission" that prosecutors say amounted to 29 felony counts of child endangerment.
John Roberts Touts Judicial Independence, Subtly Rebukes Trump in 'Year End Report' on Federal Courts
The chief justice hails the judiciary as “a counter-majoritarian check on the political branches.”
Does the Supreme Court Favor the Rich?
The NYT profiles a sloppy and highly problematic empirical study of the Supreme Court.
California's Ban on Openly Carrying Guns Is Unconstitutional, 9th Circuit Says
The ruling, which emphasizes the lack of historical support for such a law, is unlikely to survive en banc review.
3 Areas Where the Courts Pushed Back Against Trump's Attempts To Avoid Judicial Review in 2025
The president asserted broad powers to deport people, impose tariffs, and deploy the National Guard based on his own unilateral determinations.
Did Brett Kavanaugh Just Apologize for Butchering the Fourth Amendment? Maybe.
Puzzling over a curious omission from the conservative justice.
If You Give a Bear a Badge, Will It Respect Your Rights?
Despite their general ignorance of constitutional law, bears pose a much less grave threat to your civil liberties than humans do.
How Politicians and Cops Tried To Dodge Responsibility in 2025
Presidents, legislators, and police officers were desperate to blame anyone but themselves.
These Progressives Seek to 'Disempower' the Courts
Is unfettered majority rule actually a good idea for the left to embrace?
Innocent Man Sues for Over $60,000 After Police Blew Up His Business. A Court Says He's Entitled to Nothing.
It is yet another ruling that shields the government from liability for damages caused by law enforcement.
The Fourth Amendment's Erratic Year at the Supreme Court
The right to be free from unreasonable search and seizure had a rocky 2025.
The DOJ Assails D.C.'s 'Assault Weapon' Ban As an Arbitrary, Historically Ungrounded Gun Law
The department's lawsuit notes that the prohibited firearms are "in common use" for "lawful purposes," meaning they are covered by the Second Amendment.
Refusing To Let Trump Deploy the National Guard in Chicago, SCOTUS Adds a New Wrinkle To the Debate
The justices suggested the president is misinterpreting "the regular forces," a key phrase in the statute on which he is relying.
Trump's Economic Adviser Says Tariff Refunds Would Be 'Very Complicated' and Unlikely
Oh, so now the Trump administration is worried about the complexity of its tariff polices?
What If Congress Limited Birthright Citizenship and Nobody Noticed?
A new study further undermines revisionist claims about birthright citizenship under the Fourteenth Amendment, noting a dog that did not bark.
The 9th Circuit Upholds a University of Washington Professor's Right to Mock 'Land Acknowledgments'
The appeals court ruled that administrators violated Stuart Reges' First Amendment rights when they investigated and threatened to punish him for constitutionally protected speech.
Yes, the First Amendment Applies to Non-Citizens Present in the United States
A conservative federal judge questions the reach of free speech.
A Texas News Vlogger Asks SCOTUS To Decide Whether Criminalizing Journalism Is 'Obviously Unconstitutional'
This is Priscilla Villarreal’s second trip to the Supreme Court, which last year revived her First Amendment lawsuit.
