Sandra Day O’Connor, 1930-2023

The first woman to serve on the Supreme Court is gone at 93.

Dianne Feinstein, 1933-2023

A trailblazer is gone at 90.

Is This Time Different?

America survived a civil war and the turmoil of the 1960s. Can we rebound again?

Transphobic Cruelty

When prejudice overrides simple humanity.

Age Limits? (not Term Limits)

It is something we need to think about.

Scalia Law School is Conservative!

The New York Times looks into ties between a DC area law school and the Supreme Court.

Age, Illness, and American Politics

The controversies over our geriatric Congress continue.

Forum Shopping and Legal Mischief

It’s time to ban a growing and dangerous practice.

Education Department Issues Regulations on Transgender Sports Competition

A sensible compromise on a controversial issue.

Punishment for Acquitted Conduct

The Supreme Court may revisit a controversial criminal justice ruling.

Can Reporters Have Friends?

A new book raises fundamental questions about how far journalistic objectivity should extend.

We Don’t Need No Stinkin’ Constitution

Is it time to call the whole thing off?

‘Don’t Tread on Me’ License Plates

States are sponsoring an increasingly controversial image.

Kavanaugh Stalker Charged with Attempted Murder

A man who claims he was going to kill the Supreme Court Justice is in jail.

The Least Dangerous Branch?

The apparently eminent demise of abortion rights has reignited an old debate.

Supreme Court Overturning Roe (Probably)

POLITICO has obtained what purports to be the 1st draft of the opinion.

Republican-led States Testing Abortion Limits

Oklahoma’s near-total ban is part of a larger trend.

Clarence Thomas’ Continuing Conflict

Caesar’s wife must be above suspicion. Alas.

Justice Stephen Breyer Justice Stephen Breyer

The Breyer Patch

The 83-year-old Justice is playing a dangerous game.

The Rarity of Supreme Court Retirements

There have only been eleven since 1981.

Stephen Breyer’s Retirement Timing

Should he be worried about the appearance of partisan gaming?

Cadets participate in the Class of 2019 Graduation Parade, May 24, 2019, at West Point. (Matthew Moeller/Army) Cadets participate in the Class of 2019 Graduation Parade, May 24, 2019, at West Point. (Matthew Moeller/Army)

Thomas: Overturn Feres Doctrine

The Supreme Court justice least concerned with precedent wants to overturn a longstanding one.

SCOTUS: States Can’t Ban Clergy from Death Chamber

A rather odd non-ruling during the non-session from America’s highest court.

SCOTUS Strikes Down New York Church Closures

The right to worship trumps the public’s health.

Was I Wrong on Harriet Miers?

Rethinking what qualities we should be looking for in Supreme Court Justices.

They Had the Votes

Disconnected representation in action.

Susan Collins’ Meaningless ‘No’ on Barrett

A desperate re-election gambit that has no impact on the outcome.

Thoughts on ACB and SCOTUS in General

Some judicial alphabet soup in dialog with my co-blogger.

Biden Open to SCOTUS Expansion

After weeks of evasion, the frontrunner hints at a compromise policy.

Inside People of Praise

It’s not a cult but not exactly mainstream, either.

Age and the US Government

A pandemic and a government populated with people in their 70s and 80s.

Amy Coney Barrett Nomination Coming Today

Multiple reports have the Notre Dame graduate replacing Ruth Bader Ginsburg.

Supreme Court Reform Bill

An interesting but unlikely-to-pass bill is about to be introduced.

President Donald J. Trump disembarks Marine One at Joint Base Andrews, Md. Friday, Sept. 18, 2020, and is escorted to Air Force One by U.S. Air Force personnel. (Official White House Photo by Tia Dufour) President Donald J. Trump disembarks Marine One at Joint Base Andrews, Md. Friday, Sept. 18, 2020, and is escorted to Air Force One by U.S. Air Force personnel. (Official White House Photo by Tia Dufour)

Trump On ‘Peaceful Transition’

Whether the delusions of a madman or a deliberate scheme to poison the waters, there’s cause for concern.

Who’ll Control the Senate?

Forecasters give Democrats better than even odds of a majority.

More On Expanding The Supreme Court

It’s time to accept the desecration of our political constitution.

Is the American Government Legitimate?

A long-winded and esoteric discussion about an elusive idea.

Is Federalism the Real Problem?

A fundamental building block of our system makes it nearly impossible to fix.

Against Packing the Supreme Court

Legitimacy hangs in the balance.

A Defense of Expanding the US Supreme Court

It is about finding ways to combat minority rule.

Ginsburg, Garland, and Court Packing

Two related discussions.

Ruth Bader Ginsburg, 1933-2020

The iconic Supreme Court justice has died at the age of 87.

The Ridiculousness of Life Appointments

Another way in which the Framer’s really didn’t understand what they were creating.

Is the Death Penalty Unconstitutional?

Dissenters to a denied emergency appeal argue it is.

Supreme Court Says Eastern Oklahoma is Indian Country?!

Congress forgot to disestablish a Creek Reservation created by treaty in 1833 and 1856 when it made Oklahoma a state in 1909.

Supreme Court Expands Religious Impunity

Two rulings greatly expand the ability to evade the law for on Free Exercise grounds.

SCOTUS Allows Subsidies for Religious Schools

A seemingly obvious result that isn’t.

Why Roberts Sided with Abortion Rights

Is the Chief Justice laying a trap or simply ‘calling balls and strikes’?