‘Don’t Tread on Me’ License Plates

States are sponsoring an increasingly controversial image.

Originalism and the Declaration of Independence

The implications of modes of interpretation.

The Least Dangerous Branch?

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

Ilya Shapiro’s Inartful Tweet

Outrage over the outrage is outrageous.

Justice Stephen Breyer Justice Stephen Breyer

The Breyer Patch

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

SCOTUS Could Overturn Roe

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

The Rarity of Supreme Court Retirements

There have only been eleven since 1981.

McConnell Seems to Rule out Confirming Biden SCOTUS Pick after 2022

He’s in the minority but promises to start obstructing again if that changes.

Stephen Breyer’s Retirement Timing

Should he be worried about the appearance of partisan gaming?

Was I Wrong on Harriet Miers?

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

Susan Collins’ Meaningless ‘No’ on Barrett

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

Hypocrisy on SCOTUS Confirmations?

An unconvincing attack on the Democratic position.

Amy Coney Barrett Nomination Coming Today

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

Is the American Government Legitimate?

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

Ruth Bader Ginsburg, 1933-2020

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

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.

Judge Orders Children Released from Detention Centers

The federal judge who oversees treatment of detained immigrant children has had enough.

You Bet Republicans Would Break The “Garland Rule” To Fill A SCOTUS Seat

Anyone who doubts that Republicans would fill a Supreme Court vacancy in 2020 is being incredibly naive.

Ginsburg Offers Praise For Gorsuch And Kavanaugh

Justice Ginsburg has some kind words for her two newest co-workers, perhaps to the surprise of many of Ginsburg’s own supporters.

A Reminder that Institutions Matter

Some key numbers.

Trump Picks Eugene Scalia, Son Of Late SCOTUS Justice, As Secretary Of Labor

President Trump has named his pick for Labor Secretary.

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.

Joe Biden Says He’d Consider Appointing Merrick Garland To SCOTUS. No, He Won’t.

Joe Biden recently said that he’d consider nominating Merrick Garland again if there were a Supreme Court vacancy while he was President. Don’t count on it.

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.

Supreme Court Orders New Trial For Death Row Inmate Due To Tainted Jury

The Supreme Court ordered a new trial in the case of a Mississippi defendant whose trial was tainted by a prosecutor who routinely struck black jurors from the jury pool.

Trump Supports Amendment To Ban Flag Burning. He’s Wrong.

Donald Trump has endorsed a proposal by a Republican Senator to ban flag burning.

SCOTUS Remands Case Of Oregon Baker Who Refused Service To Same-Sex Couple

The Supreme Court declined to rule on the merits in a case dealing with a Oregon baker who refused to bake a cake for a same-sex wedding reception.

McConnell Says Senate Would Fill SCOTUS Vacancy In 2020

Mitch McConnell has had an unsurprising change of heart on the issue of Senate consideration of Supreme Court nominees in a Presidential election year.

McConnell Would Fill Court Vacancy in 2020

Hypocritical? Sure. Surprising? No.

The Filibuster’s Inevitable Demise

Senate Republicans are pushing for the end of minority obstruction—and the Democrats can’t wait.

Supreme Court Rules No Right to ‘Painless Death’

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

Packing the Courts with Young Judges

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

Separation Of Church And State Back Before The Supreme Court

The Supreme Court is set to hear oral argument in a case involving a World War I Memorial in the form of a cross on public land in Suburban Maryland.

Time to Reconsider New York Times v Sullivan?

Justice Clarence Thomas argues that a 55-year-old precedent should be overturned.

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 Blocks Louisiana Abortion Restrictions

Late last night, the Supreme Court blocked a Louisiana abortion law from going into effect, the first significant abortion rights ruling since Justice Kavanaugh took the bench.

New Washington State Law Bars ‘Assault Weapons’ Sales To People Under 21

Washington has become the latest state to ban the sale of semiautomatic assault rifles to persons under 21.

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.

Sandra Day O’Connor Announces She Has Dementia

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

Chuck Grassley Says He Wouldn’t Consider SCOTUS Nominee In 2020

Senate Judiciary Committee Chairman Chuck Grassley says he would not consider a Supreme Court nominee in 2020. But does he really mean it?

Of Course Mitch McConnell Would Allow a Vote on a Trump Nominee

The Merrick Garland precedent is power politics, nothing more.

Supreme Court Opens New Term A Justice Short

For the second time in two years, the Supreme Court starts a new term down one Justice. That isn’t as big a problem as it might seem.

Is the Federalist Society Nefarious?

By popular demand . . .

On Age and SCOTUS

A good excuse to consider reform.

Pope Francis Declares Capital Punishment Unacceptable In All Circumstances

In what amounts to a significant, albeit not surprising, change in Catholic doctrine, Pope Francis has declared that the death penalty is unacceptable in all circumstances.

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.

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.

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.