The Supreme Court's Grant in Trump v. U.S. (UPDATED)
The justices reframed the question presented in the case and expedited its consideration.
Rule of law
SCOTUS Ponders the Implications of Prosecuting Gun Owners for a Crime Invented by Bureaucrats
Several justices seemed troubled by an ATF rule that purports to ban bump stocks by reinterpreting the federal definition of machine guns.
A Bad Week for Team Kraken in Court
The Supreme Court snubbed Sidney Powell and a court orders Mike Lindell to pay up.
Alvin Bragg Is Trying To Punish Trump for Something That Is Not a Crime
The essence of the case, the Manhattan D.A. says, is that Trump "corrupt[ed] a presidential election" by concealing embarrassing information.
The D.C. Circuit Unanimously Rejects Trump's Audacious Presidential Immunity Claim
The appeals court says it "cannot accept that the office of the Presidency places its former occupants above the law for all time thereafter."
DOJ Files Petition for Writ of Mandamus to End Juliana Climate Litigation
The Justice Department is wasting no time seeking to put this zombie litigation out of its misery, and the plaintiffs are not happy about it.
Biden Reportedly Is Planning To Unilaterally Mandate Background Checks for All Gun Sales
A watchdog group cites ATF "whistleblowers" who describe a proposed policy that would be plainly inconsistent with federal law.
12 Senators Urge the DEA To Legalize Marijuana, Which Only Congress Can Do
Under the Controlled Substances Act, the agency does not have the discretion to "deschedule marijuana altogether."
Argentina, Once One of the Richest Countries, Is Now One of the Poorest. Javier Milei Could Help Fix That.
The new libertarian president believes in free markets and the rule of law. When people have those things, prosperity happens.
Justice Sotomayor Voices Her Frustration with Supreme Court and Advocates
Some candid remarks at the University of California at Berkeley
Justice Department to Seek Mandamus to End Juliana Litigation (Again)
Will Judge Aiken finally accede to the law and allow this particular climate case to end?
Accused of Dictatorial Ambitions, Trump Doubles Down on Authoritarianism
His understanding of effective leadership and policing should repel anyone who cares about civil liberties and the rule of law.
SCOTUS Ponders the Ambiguity of 'Ambiguous' and Other Chevron Doctrine Puzzles
The justices seem inclined to revise or ditch a 1984 precedent that requires deference to executive agencies' statutory interpretations.
The Chevron Doctrine Discomfits the Weak
Excessive judicial deference gives administrative agencies a license to rewrite the law in their favor.
On Economic Issues, the Populist Right and Left Share a Lot of Common Ground
That's bad news for Americans.
D.C. Circuit Seems Skeptical of Trump's Alarmingly Broad Presidential Immunity Claim
As one appeals court judge pointed out, Trump's defense could literally let a president get away with murder.
Federal Court Again Refuses to Dismiss Juliana Climate Case
Judge Aiken's reckless defiance of legal rules is turning the "Kids Climate Case" into a zombie climate case.
William Barr Responds on American Petroleum Institute v. Minnesota
The former Attorney General disagrees with me on whether state and local government climate change lawsuits belong in federal court.
The D.C. Circuit Mulls Trump's Alarmingly Broad Claim of Presidential Immunity From Prosecution
His lawyers say no jury can ever consider charges based on his "official acts" as president, which include his efforts to reverse Joe Biden's election.
D.C. Circuit Rejects Oil Company Attempt to Remove District's Climate Suit to Federal Court
Yet another federal circuit court of appeals rejects energy company removal claims.
The Next Kids Climate Case: Genesis B. v. EPA
Another climate change lawsuit filed on behalf of children, this time against the Environmental Protection Agency.
Justice Jackson Really Does Not Like Munsingwear Vacatur
Justice Jackson notes her objection to the Court's standard practice of vacating lower court decisions rendered moot by the prevailing party below.
The Supreme Court Should Not Let Bureaucrats Invent Crimes by Rewriting the Law
The Trump administration’s unilateral ban on bump stocks turned owners of those rifle accessories into felons.
Is the Fifth Circuit Becoming the New Ninth?
The Court is taking more cases from the Fifth Circuit, and its decisions do not appear to be faring well.
Brian Leiter on Adrian Vermeule
Is Common Good Constitutionalism anything more than politics by other means?
Target Shuts Stores as Criminal Justice Reform Gets Mugged
We need less intrusive law enforcement, not the treatment of crime as a lark.
To Tackle Highest Housing Costs in the Country, Hawaii's Governor Declares YIMBY Martial Law
An emergency proclamation by Gov. Josh Green offers developers the opportunity to route around almost all regulations on building homes.
Can Traditional Legal Customs Coexist With Western-Style State Law?
Geoffrey Swenson’s book Contending Orders tackles Afghanistan and Timor-Leste.
Why Stripping Fox's Broadcast License Is a Terrible Idea
Plus: A listener inquires about the potential positive effects of ranked-choice voting reforms.
Fourth Circuit Concedes to Congress on Mountain Valley Pipeline
The judges recognize that Congress ended their ability to review the Mountain Valley Pipeline, but they seem none too happy about it.
The Legally Authorized Charges Against Donald Trump and Hunter Biden Don't Tell Us What Justice Requires
The nature of their conduct is a better indicator of the punishment they deserve.
Supreme Court Saves Mountain Valley Pipeline from Fourth Circuit Stay
The Supreme Court vacated a stay entered by the U.S. Court of Appeals for the Fourth Circuit.
Industrial Policy Isn't About Creating Jobs
It's a short-sighted approach that distracts us from the more important question.
Why Israelis Are Taking to the Streets
The furious response to a seemingly modest reform reflects a broader dispute about the role of courts in a democracy.
"Textualism's Political Morality" by the Honorable Neomi Rao
Judge Rao's 2022 Canary lecture has now been published in the Case Western Reserve Law Review.
Notes on "The Restrained Roberts Court"
Contrary to popular perception, the current Supreme Court overturns precedent and declares laws to be unconstitutional less often than its predecessors did.
A 2007 Debate Provoked by Richard Posner Illuminates the Current Clash Over Judicial Power in Israel
The appeals court judge argued that the Israeli Supreme Court had usurped the role of legislators.
'I Owe Freedom My Life': Jimmy Lai Is Imprisoned for Criticizing the Chinese Government
Lai's media company covered the Communist government's abuses when other Hong Kong media wouldn't.
President Biden: Supreme Court Is Not "Normal," But Should Not Be Expanded
The President strongly criticized the Supreme Court's recent decisions, but refuses to endorse radical reform.
Supreme Court Confirms That State Legislatures Can't Ignore the Constitution When Writing Election Rules
Chief Justice John Roberts decisively rejected the independent state legislature theory.
Economic Freedom Is Declining in the U.S.
We once ranked No. 4 in the world, according to the Heritage Foundation. Now we're 25th.
DeSantis Complains About the Weaponization of State Power. He Should Reexamine His Own Record.
If the Florida governor wants better behavior, he should model better behavior.
Does a Footnote in Sackett II Indicate How SCOTUS Will Resolve the Affirmative Action Cases?
Could the Court treat Justice Powell's Bakke opinion the way it treated Justice Kennedy's Rapanos opinion?
The Perils of 'Rule by Indefinite Emergency Edict'
Supreme Court Justice Neil Gorsuch highlights a vital lesson from the COVID-19 pandemic.
Do the Natcons Get Anything Right?
Plus: A listener asks if the Roundtable has given the arguments of those opposed to low-skilled immigration a fair hearing.
The Post-Liberal Authoritarians Want You To Forget That Private Companies Have Rights
J.D. Vance and Co. are trying to give themselves permission to wield public power unconstitutionally.
Vivek Ramaswamy Thinks 'Wokeness Is a Cultural Cancer'
Why the businessman launched a long shot campaign for the presidency.
Trump's Disregard for the Rule of Law Is at Least As Bad As Biden's
The former president reminds us that claiming unbridled executive power is a bipartisan tendency.