The Least Dangerous Branch?

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

Republican-led States Testing Abortion Limits

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

[Pamela Moses at sentencing] [Pamela Moses at sentencing]

An example of the “trial tax”

With choices like these it’s easy to understand why people take plea deals

SCOTUS Could Overturn Roe

Oral arguments on the biggest abortion case in decades will be heard today.

The Problem isn’t Breyer, it is one of Constitutional Design

Put the frustration where it belongs.

Supreme Court Strikes Down Louisiana Abortion Law

A reprise of an almost identical case with a different group of Justices–and the Chief Justice switching sides.

Beto O’Rourke Would Violate Constitution To Punish ‘Wrong Thinking’ On LGBT Rights

Beto O’Rourke wants to use government policy to punish religious institutions that don’t recognize same-sex marriages.

John Paul Stevens, Former Supreme Court Justice, Dies At 99

Just over nine years after retiring from the Supreme Court, former Associate Justice John Paul Stevens has passed away at the age of 99.

People For The American Way STOP GORSUCH FOR SUPREME COURT JUSTICE RALLY in front of the United States Supreme Court on First Street, NE, Washington DC on Tuesday night, 31 January 2017 by Elvert Barnes Protest Photography People For The American Way STOP GORSUCH FOR SUPREME COURT JUSTICE RALLY in front of the United States Supreme Court on First Street, NE, Washington DC on Tuesday night, 31 January 2017 by Elvert Barnes Protest Photography

Gorsuch Confounding Expectations

President Trump’s first Supreme Court appointment has joined the liberal bloc on several cases.

Washington Supreme Court Rules Against Florist Who Refused To Serve Same-Sex Couple

The Washington State Supreme Court has ruled against a Seattle-area florist who refused to provide flowers for a same-sex wedding.

Support For Abortion Rights Grows As Extremist Views Harden

A new poll finds that public support for abortion rights is increasing, but it also shows growing support for extreme views at both ends of the spectrum.

Ruth Bader Ginsburg Hints At Deep Divisions As Supreme Court Nears End Of Term

As the Supreme Court enters the final weeks of its term, Justice Ruth Bader Ginsburg hints at deep divisions and disappointment for people on the left.

Justice Thomas Quashes Retirement Rumors

Justice Clarence Thomas is seemingly putting to rest any reports that he’s considering retiring in the near future.

Previewing A Busy June At The Supreme Court

Starting tomorrow, we should be getting some headline-grabbing opinions from the Supreme Court.

Supreme Court Issues Split Ruling On Indiana Abortion Law But Sends A Signal

The Supreme Court sent a signal yesterday that seems to indicate how it might deal with future abortion law challenges and it doesn’t bode well for pro-lifers.

Louisana’s Democratic Governor to Sign Abortion Ban

Jon Bel Edwards is a reminder that our divide is cultural, not just partisan.

Federal Judges Rule Ohio Congressional Districts Are Unconstitutional

A panel of three Federal Judges has found Ohio’s Congressional District map to be unconstitutional, but a case currently pending before the Supreme Court could mute the impact of this decision.

Federal Court Finds Michigan Districts Unconstitutionally Gerrymandered

A Federal Court in Michigan has found several of that state’s Congressional and state legislative districts to have been subject to extreme partisan gerrymandering.

Supreme Court Rules No Right to ‘Painless Death’

The replacement of Anthony Kennedy with Brett Kavanaugh is already having a significant impact.

Justices Divided on Partisan Gerrymandering

Oral argument hints that we may have a 5-4 ruling allowing state legislatures to continue stacking the deck.

Trump Administration Says ObamaCare Unconstitutional

The Justice Department has reversed course and will not fight a December ruling overturning the Affordable Care Act.

Packing the Courts with Young Judges

The Senate yesterday confirmed a 37-year-old to a lifetime Court of Appeals seat.

Another Possible Supreme Court Retirement?

Supreme Court watcher Jeffrey Toobin speculates that Clarence Thomas could be the next Supreme Court Justice to step aside.

Supreme Court Takes Up Two New Partisan Gerrymandering Cases

The Supreme Court is taking up the issue of partisan gerrymandering. This time, though, they’re likely to reach the merits of the cases rather than punting like they did last year.

Ruth Bader Ginsburg Has Cancerous Nodules Removed From Lung

Justice Ruth Bader Ginsburg underwent surgery to remove cancerous nodes from a lung, but reports seem to point to a quick recovery.

Another Federal Court Rules Against Trump On DACA

Late last week, the Ninth Circuit Court of Appeals became the fifth Federal Court to rule against the Trump Administration’s efforts to repeal DACA.

Sandra Day O’Connor Announces She Has Dementia

Sad news from the first woman to serve on the United States Supreme Court.

Majority of Americans Oppose Kavanaugh’s Confirmation

New polling shows that a majority of Americans are opposed to Justice Brett Kavanaugh’s confirmation, but the vast amount of Republicans support it.

Trump Continues To Stoke The Political Fire Of The Kavanaugh Confirmation

With four weeks to go until Election Day, Donald Trump and the Republicans are continuing to stoke the divisions laid bare by the Kavanaugh nomination.

Is the Federalist Society Nefarious?

By popular demand . . .

Republicans Proceeding Forward With Kavanaugh Nomination In Doubt

Republicans intend to “plow through” on the Kavanaugh nomination even after yesterday’s hearing, but it’s not clear that they have the votes to confirm him.

Sunstein’s Muddled Take on Kavanaugh

I’m not the only one confused on what to do about the allegations against President Trump’s nominee to replace Anthony Kennedy.

Kavanaugh Sails Through First Day Of Questioning Unscathed

Day One of questions for Judge Brett Kavanaugh went about as you’d expect.

As Hearings Begin, Support For Kavanaugh Nomination Falls Along Party Lines

The confirmation hearings for Judge Brett Kavanaugh begin today, but the outcome seems foreordained.

Confirmation Hearing For Brett Kavanaugh To Begin September 4th

Brett Kavanaugh’s nomination appears to be on track for confirmation before the new Supreme Court term begins in October.

Ruth Bader Ginsburg Not Going Anywhere

Justice Ruth Bader Ginsburg says she’d like to stay on the Court at least until she turns 90, but it’s unlikely she’ll go anywhere voluntarily as long as Donald Trump is President.

Senate Democrats Throwing In The Towel On Kavanaugh?

Senate Democrats appear to be recognizing that there’s basically nothing they can do to stop the confirmation of Judge Brett Kavanaugh to the Supreme Court.

Ninth Circuit Strikes Down Hawaii Law Barring Open Carry Of Weapons

A three-judge panel of the Ninth Circuit Court of Appeals struck down part of a Hawaii law barring open carry of weapons, but this win for gun rights advocates may turn out to be short-lived.

Another Poll Shows Majority Opposes Overruling Roe v. Wade

A fourth poll in less than a month shows that most Americans support keeping the rights protected in Roe v. Wade alive.

Early Polling Finds Public Lukewarm On Kavanaugh Nomination

Initial polling on Brett Kavanaugh’s nomination to the Supreme Court find the public more divided than they have been for other recent SCOTUS picks, but that’s unlikely to impact the fate of his nomination.

Most Americans Oppose Overturning Roe v. Wade

Another poll shows that the vast majority of Americans do not want to see the Supreme Court’s ruling in Roe v. Wade overturned.

On Kavanaugh, Democrats Lack A Coherent Message And A Coherent Strategy

At least in these early days, Democrats appear to lack a coherent message, or a coherent strategy, to propel any effort to block Brett Kavanaugh’s nomination to the Supreme Court.

Bad Arguments Against Brett Kavanaugh

There are good arguments as to why progressive Senators should vote against his confirmation. Let’s stick to those.

Trump Nominates Judge Brett Kavanaugh To Replace Anthony Kennedy

A selection that is likely to keep the Senate GOP united and red-state Democrats up for re-election under pressure to vote to confirm.

Majority Of Americans Want New Supreme Court Justice Confirmed Before Midterms

Democrats are making largely meaningless appeals to the so-called ‘Merrick Garland Precedent” to argue for a delay in confirming the President’s next Supreme Court nominee. The American people feel differently.

Another Name On Trump’s SCOTUS Short List

With the President set to announce his Supreme Court pick Monday evening, another name has entered the game.

John Roberts: The New Center Of The Roberts Court?

With Justice Kennedy retiring, the new center of the Roberts Court is likely to be the Chief Justice himself.

Anthony Kennedy’s Right to Retire

A thoughtful liberal argues the Justice has “altered and destroyed his legacy” by allowing Donald Trump to appoint his successor.

Majority Opposes Overruling Roe v. Wade

As Washington gets ready to fight a new battle over Roe v. Wade an new poll shows that most Americans oppose overturning that decision.

Comparative Judiciaries

The current discussion about SCOTUS is a good excuse to look at how other countries handle these things.