Supreme Court Federal Appellate Judges Can Petition the Supreme Court to Review a Question Eugene Volokh |The Volokh Conspiracy | 11.12.2025 1:25 PM
Supreme Court This Foreign Policy Precedent Might Aid Trump's Tariffs at SCOTUS For the justices, the question is just how much deference the president deserves. Damon Root | 11.11.2025 7:00 AM
Second Amendment Will SCOTUS Resolve the Circuit Split on a Law That Disarms People With Nonviolent Criminal Records? Steven Duarte is one of several petitioners who are asking the justices to address the constitutionality of that absurdly broad gun ban. Jacob Sullum | 11.10.2025 4:45 PM
Supreme Court Supreme Court Refuses to Hear Case Seeking to Overturn Obergefell This result is unsurprising, and was predicted by most analysts, including myself. Ilya Somin |The Volokh Conspiracy | 11.10.2025 3:45 PM
First Amendment You Can Thank This Ohio Klansman for Expanding Your Freedom of Speech Brandenburg v. Ohio established the "imminent lawless action" standard. More than 50 years later, partisans keep trying to apply it selectively. Jacob Sullum | 11.8.2025 6:00 AM
Tariffs Trump's Lawyer at the Supreme Court Cites a Letter from James Madison That Says Tariffs Are Taxes During oral argument at the Supreme Court, Solicitor General D. John Sauer cited a letter by James Madison that completely undermines the administration’s case that its tariffs are legal. Jack Nicastro | 11.7.2025 12:45 PM
Supreme Court The Justices Are Skeptical of the Trump Tariffs, But Are They Skeptical Enough to Strike Them Down? Some observations from yesterday's argument in Learning Resources v. Trump. Jonathan H. Adler |The Volokh Conspiracy | 11.6.2025 4:56 PM
Supreme Court Justices Don't Buy Tariff Argument Plus: Outrage at Heritage, air traffic might get throttled, and more... Liz Wolfe | 11.6.2025 9:30 AM
Supreme Court On Tariffs, It Was Gorsuch vs. Trump at SCOTUS The legal challengers to Trump's tariffs had a good day in court. Damon Root | 11.6.2025 7:00 AM
Free Trade Trump's Attorney Concedes: His Legal Theory Would Let a President Tax Foreign Cars To Combat Climate Change Justice Neil Gorsuch got Solicitor General D. John Sauer to admit one "likely" outcome, if the Supreme Court upholds Trump's tariffs. Eric Boehm | 11.5.2025 3:40 PM
Tariffs Trump's Economic Fallacies Are Legally Relevant in His Tariff Case Trade deficits are not a "national emergency," and the president's import taxes won’t reduce them. Jacob Sullum | 11.5.2025 12:01 AM
Second Amendment New Jersey Cops Took His Guns Because They Were Worried About His Wife's Mental Health Elsid Aliaj says the seizure violated state law and the Second Amendment. Jacob Sullum | 11.4.2025 4:15 PM
Tariffs As Tariff Case Heads to the Supreme Court, Trump's Strongest Argument Has a Fatal Flaw The International Emergency Economic Powers Act doesn't grant the president the power to regulate imports with tariffs. Even if it did, these tariffs would still be unconstitutional. Jack Nicastro | 11.4.2025 3:40 PM
Supreme Court Trump's Tariffs and John Roberts' Credibility Learning Resources v. Trump will test both executive power and judicial fidelity. Damon Root | 11.4.2025 7:00 AM
Socialism Will a Mamdani Victory Push the Democrats Further Left? Plus: Virginia and New Jersey governor’s races, a court ruling extending SNAP funding during the shutdown, and Trump’s tariff fight reaches the Supreme Court Matt Welch | 11.3.2025 8:12 PM
Free Trade In Tariff Case, Trump's Attorneys Can't Decide if Foreign Investment Is Good or Bad for America The administration's legal brief reveals a critical contradiction in Trump's trade policies. Eric Boehm | 11.3.2025 12:20 PM
Government abuse They Face $1 Million in Fines—for Someone Else's Code Violations Humboldt County, California's sketchy code enforcement scheme piles ruinous fines on innocent people and sets them up to lose. Billy Binion | 10.31.2025 5:31 PM
Free Trade Trump's Tariff Chaos Crushes Board Game Makers: 'The U.S. Is Our Least Trustworthy Trading Partner' The Supreme Court will hear a case next week challenging the legality of President Donald Trump's "emergency" tariffs. Eric Boehm | 10.31.2025 12:00 PM
First Amendment When the Government Censored Dracula, Frankenstein, and King Kong Remembering a monstrous era of American history Damon Root | 10.30.2025 7:00 AM
Second Amendment Trump, an Avowed Second Amendment Champion, Defends a Gun Ban With 'No Historical Justification' His administration is urging the Supreme Court to uphold a prosecution for violating a federal law that bars illegal drug users from owning firearms. Jacob Sullum | 10.29.2025 12:01 AM
Supreme Court Trump Hopes To Bully SCOTUS Into Upholding His Tariffs Will it work? Damon Root | 10.28.2025 7:00 AM
First Amendment The 6th Circuit Upholds a School's Sweatshirt Censorship Because 'Let's Go Brandon' Is 'Plainly Vulgar' That understanding of a familiar anti-Biden slogan hinges on the political message it communicates. Jacob Sullum | 10.27.2025 4:10 PM
Tariffs Trump's Tariff Tantrum Proves He Shouldn't Have That Power The Supreme Court is set to hear arguments in November on whether Trump's use of tariffs is constitutional. Joe Lancaster | 10.27.2025 12:01 PM
Amy Coney Barrett Listening to Justice Barrett My review of Amy Coney Barrett's Listening to the Law. Jonathan H. Adler |The Volokh Conspiracy | 10.27.2025 11:07 AM
Supreme Court What the Japanese Internment Case Teaches About Judicial Deference to Presidential Power Long-ago debates about executive authority are not as distant as they might initially seem. Damon Root | 10.23.2025 7:00 AM
Donald Trump On National Guard Deployments, Trump Tells SCOTUS His Power Is 'Unreviewable' Will the Supreme Court grant Trump the overwhelming judicial deference he demands? Damon Root | 10.21.2025 7:00 AM
Second Amendment SCOTUS Will Consider the Constitutionality of the Federal Ban on Gun Possession by Illegal Drug Users The law applies to millions of Americans who pose no plausible threat to public safety, including cannabis consumers in states that have legalized marijuana. Jacob Sullum | 10.20.2025 4:05 PM
Tariffs Coming Soon to the Supreme Court: Are Tariffs Taxes? The correct answer is: Yes, even when they are also regulations. Whether the Court agrees could determine the future of presidential power. Jack Nicastro | 10.20.2025 12:50 PM
Supreme Court Still the Stare Decisis Court (At Least For Now) Even with a six-justice conservative majority, the Roberts Court has not (yet) increased the rate at which it overturns precedents. Jonathan H. Adler |The Volokh Conspiracy | 10.20.2025 8:44 AM
First Amendment Texas City Council Approves $500,000 Payment to Former Member Who Said Her Advocacy Led to a Bogus Arrest The settlement, which followed Sylvia Gonzalez's victory at the Supreme Court, also includes remedial First Amendment training for city officials. Jacob Sullum | 10.16.2025 1:15 PM
Supreme Court SCOTUS Probably Won't Put Any New Limits on Warrantless Home Searches The Supreme Court heard oral arguments this week about the "emergency aid exception" to the Fourth Amendment. Damon Root | 10.16.2025 7:00 AM
Second Amendment The NRA Supports SCOTUS Petitioners Who Lost Their Gun Rights Because of Nonviolent Offenses The cases give the justices a chance to address a constitutionally dubious policy that disarms peaceful Americans. Jacob Sullum | 10.15.2025 12:01 AM
Fourth Amendment Can Police Enter Your Home Without a Warrant? The Supreme Court Will Soon Decide. Even well-intentioned “community caretaking” can’t justify ignoring the Fourth Amendment. Amy Peikoff | 10.14.2025 10:25 AM
Trump Administration Is the Supreme Court's Shadow Docket Causing a 'Judicial Crisis'? Multiple judges say SCOTUS is going out of its way to grant emergency relief to the president without even bothering to explain why. Damon Root | 10.14.2025 7:00 AM
Supreme Court DCCHS Oral History of Justice Ruth Bader Ginsburg A set of interviews with the late justice is now available Jonathan H. Adler |The Volokh Conspiracy | 10.13.2025 9:52 AM
Judiciary Do Federal Judges Believe We Are in the Midst of a "Judicial Crisis"? Thoughts on the New York Times' Selective Survey of District Court Judges Jonathan H. Adler |The Volokh Conspiracy | 10.11.2025 3:44 PM
Supreme Court Amy Coney Barrett Is Right To Reject 'Common Good Constitutionalism' Limits on government power are a venerable and beneficial feature of our system. Damon Root | 10.9.2025 7:00 AM
Anthony Kennedy Justice Kennedy on Originalism and Bush v. Gore Interesting tidbits in an interview with Adam Liptak Jonathan H. Adler |The Volokh Conspiracy | 10.8.2025 11:20 PM
Supreme Court Supreme Court Declines To Address Section 230 in Two Cases for This Term Weakening or removing Section 230 would not fix the problems of social media, and in fact it could make things worse. Joe Lancaster | 10.8.2025 2:30 PM
LGBT Is Conversion Therapy Free Speech? Colorado says no. Supreme Court justices seem skeptical. Elizabeth Nolan Brown | 10.8.2025 12:09 PM
Supreme Court Conversion Therapy at the Court Plus: Air traffic controllers get mysteriously sick, California gubernatorial contenders can't answer basic questions, and more... Liz Wolfe | 10.8.2025 9:30 AM
Occupational Licensing Licensing Boards Are Legalized Cartels Industry insiders dominate the boards that control who can work, using government power to shut out competitors, protect profits, and block reform. Stephen Slivinski | 10.7.2025 11:55 AM
Supreme Court Warrantless Searches, Tariffs, and the Unitary Executive: 3 SCOTUS Cases To Watch This Fall In a new Supreme Court term packed with big cases, these disputes stand out. Damon Root | 10.7.2025 7:00 AM
Amy Coney Barrett Justice Barrett Is "Not Afraid" A revealing interview with the Supreme Court's "Steel Magnolia." Jonathan H. Adler |The Volokh Conspiracy | 10.6.2025 3:29 PM
Takings The Supreme Court Will Hear Another Home Equity Theft Takings Case This one addresses the issue of whether the owner of a home foreclosed for nonpayment of debt is entitled to "fair market value" compensation, or only whatever the government gets from auctioning off the property, minus the debt owed. Ilya Somin |The Volokh Conspiracy | 10.4.2025 10:30 AM
Second Amendment SCOTUS Will Consider a Challenge to Hawaii's Default Rule Against Guns on Private Property Open to the Public The law is one of several attempts to override the right to bear arms by making it impractical to exercise. Jacob Sullum | 10.3.2025 4:25 PM
War on Drugs Defending the Summary Execution of Suspected Drug Smugglers, Trump Declares an 'Armed Conflict' The president thinks he can transform murder into self-defense by executive fiat. Jacob Sullum | 10.3.2025 3:20 PM
Amy Coney Barrett Justice Barrett on Common Good Constitutionalism (Updated) The Justice discusses originalism, common good constitutionalism, and King v. Burwell in a recent interview. Jonathan H. Adler |The Volokh Conspiracy | 10.3.2025 1:21 PM
