What the Constitution Says About Cakes and Compelled Speech - Jeff Jacoby (12/4/2017)
One needn't share Jack Phillips's opinion of gay marriage to support his right to unmolested freedom of expression. The right to have views that others don't share, they know, is a quintessential American liberty.
Supreme Court Cellphone Case Puts Free Speech – Not Just Privacy – At Risk - Jameel Jaffer and Alexander Abdo (11/28/2017)
Carpenter v. United States has rightly prompted concerns over surveillance. But it could also have drastic implications for personal freedom in the digital age.
Playing Politics Is Not Unconstitutional - Hans von Spakovsky (11/22/2017)
There aren't many issues the U.S. Supreme Court has managed to sidestep, but political gerrymandering is one of them. Until now.
Scrutinizing Public Unions' Contributions to Democrats - Lewis Morris (10/4/2017)
Should employees be forced to pay into a union that uses its members' money to support political stances they oppose? And let's face it, if you are in a public-sector union in this country, then you better be prepared to support Democrats.
Federal Judge Stays California Confiscation of High-Cap Mags - Brian Doherty (7/4/2017)
Last year California voters passed Proposition 63, a measure that amounted to a mass confiscation of firearm magazines that can hold more than 10 rounds. Now a federal judge has stayed the law, finding it to be unconstitutional on several grounds.
Masterpiece Cakeshop Is Fighting for the First Amendment, Not Against Gay Marriage - David Harsanyi (6/30/2017)
This week, the Supreme Court agreed to hear the case of Masterpiece Cakeshop owner Jack Phillips, the man who refused to create a specialty wedding cake for a same-sex couple in Colorado in 2012.
Clarence Thomas Attacks Civil Asset Forfeiture - Damon Root (6/22/2017)
Critics of civil asset forfeiture should be heartened by this ruling. Not only did it vindicate the legal standing of innocent people fighting for the return of their own money, it shows that the lower courts are starting to listen.
Supremes: Ban On Offensive Names Is Unconstitutional - Fox News (6/21/2017)
The Supreme Court ruled Monday that a federal trademark law banning offensive names is unconstitutional, siding with a rock band whose name had been deemed racially disparaging by the U.S. Patent and Trademark Office.
Supreme Court Shouldn't Delay Action on Travel Ban Case - Hans von Spakovsky (6/20/2017)
It looks like the next stop for President Donald Trump's so-called travel ban is the U.S. Supreme Court. And chances are we won't have to wait long to learn the fate of the president's executive order .
Is This the Supreme Court's Next Big Second Amendment Case? - Damon Root (4/25/2017)
Does the Second Amendment right to keep and bear arms extend outside the home? Does it cover the right to carry concealed firearms in public? An important case now being reviewed by the U.S. Supreme Court may provide definitive legal answers.
SCOTUS Says States Have No Right to Money Taken Based on Overturned Convictions - Jacob Sullum (4/22/2017)
Civil forfeiture is actually worse than the financial losses suffered by Nelson and Madden in the cases currently before the Court, because at least in their cases the government initially had to prove their guilt beyond a reasonable doubt.
A Case for Preventing Children's Scraped Knees - George Will (4/19/2017)
When not furrowing their collective brows about creches and displays of the Ten Commandments here and there, courts often are pondering tangential contacts between the government and religious schools.
Why Sen. Feinstein's Argument Couldn't Be More Wrong, and Dangerous - Hans von Spakovsky and Elizabeth Slattery (3/31/2017)
As a justice on the highest court — the court that establishes precedents — Judge Gorsuch will have the opportunity to do what lower court judges can't do: reconsider prior decisions of the U.S. Supreme Court
Revisiting Restrictions on the Right to Bear Arms - Brian Doherty (3/22/2017)
Some offenders who have been banned from possessing firearms have succeeded in getting lower courts and a federal appeals court to agree that the statute can, in certain applications, violate people's Second Amendment rights.
Chuck Schumer's Indecent Attacks on Neil Gorsuch - David Harsanyi (3/17/2017)
If Democrats want to filibuster President Donald Trump's Supreme Court nominee, they're entitled to do it. In fact, Democrats are free to try and stop federal appeals court Judge Neil Gorsuch's confirmation for any reason they desire.
Why The Supreme Court Should Protect The Right To Concealed Carry - Nicholas Griepsma (2/23/2017)
Now that the Supreme Court is poised to add a ninth Justice to its ranks, many are anxiously awaiting the court's next move on a controversial topic: the Second Amendment.
Supremes to Decide if Foreigners Have Constitutional Rights - Brendan Kirby (2/20/2017)
The Supreme Court on Tuesday is taking up a case that presents a critical question of law: Can a U.S. law enforcement officer be sued in American courts for the death of a foreigner outside the United States?
Thank God for Harry Reid - Charles Krauthammer (2/4/2017)
The nuclear option. Reid was warned that the day would come when Republicans would be in the majority and would exploit the new rules to equal and opposite effect. That day is here.
What You Need to Know About Colorado Judge Neil Gorsuch - The Denver Post (1/31/2017)
"Recognizing that men are not angels, the Framers of the Constitution put in place a number of institutional checks designed to prevent abuse of the enormous powers they had vested in the legislative branch," he wrote. Right. Expect Dems to fight.
Make SCOTUS Nominees Answer the Tough Questions - Jeff Jacoby (1/31/2017)
Supreme Court nominees should absolutely be required to provide meaningful answers to serious questions about legal and constitutional matters. They are seeking confirmation to a lifelong position of enormous power and influence.
What the Election of Donald Trump Means for the Future of the Supreme Court - Damon Root (11/9/2016)
The election of Donald Trump has already had a profound impact on the future of the U.S. Supreme Court. First and foremost, say goodbye to the nomination of Judge Merrick Garland, Obama's languishing pick to replace the late Justice Antonin Scalia.
Supreme Bathroom Wars - Paul Albaugh (11/1/2016)
For reasons that are unfathomable to most humans there is an ongoing debate from a very small minority of Rainbow Mafia activists who are trying to force the rest of humanity to accommodate their demands regarding which bathroom to use.
Supreme Court to Weigh in on Transgender Bathroom Panic - Scott Shackford (10/29/2016)
The Supreme Court announced this afternoon it will hear the case of a transgender student in Virginia fighting with his school district over which bathrooms and facilities he should be allowed to use.
A Judicial Slap to a Careless Congress - George Will (10/17/2016)
Another small step was taken last week on the steep and winding ascent back to constitutional norms. The U.S. Court of Appeals for the D.C. Circuit did its judicial duty by reprimanding Congress for abandoning constitutional propriety.
Federal Judge Overturns Ban on Openly Carrying Guns in Public - Jacob Sullum (10/5/2016)
A federal judge last week overturned a ban on carrying handguns in public, a ban on so-called assault weapons, caliber restrictions for long guns, a $1,000 tax on handguns, and a requirement that all guns be registered with the government.
Supremes to Weigh 'Malicious Prosecution' and the 4th Amendment - Damon Root (10/4/2016)
"Where ... officers mislead magistrates to sustain detentions without probable cause, the detentions thus violate the Fourth Amendment just as surely as when misrepresentations cause detentions under an unfounded arrest warrant."
Voter ID and the Real Threat to Democracy - Hans von Spakovsky and John Fund (9/17/2016)
The Supreme Court concluded in 2008 that voter ID is constitutional and doesn't impose an unreasonable burden on voters. But the recent decisions of three federal courts have put opponents of common-sense election reforms in raptures.
The Campus Rape Lawsuit That Could Destroy Title IX Has Finally Arrived - Robby Soave (6/23/2016)
OCR's Title IX crusade is responsible for countless deprivations of students' due process rights. It has also encouraged universities to censor students' free speech rights due to concerns about harassment.
Federal Appeals Court: 'No Second Amendment Right for Members of the General Public to Carry Concealed Firearms in Public' - Damon Root (6/13/2016)
The U.S. Supreme Court has repeatedly stated that the Second Amendment protects the right to armed self-defense. Does that right extend outside the home? Does it cover the right to carry concealed firearms in public?
Obama Administration Loses Key ObamaCare Case - Hans von Spakovsky (5/14/2016)
The decision, in part: "Paying out Section 1402 reimbursements without an appropriation thus violates the Constitution" because Congress "authorized reduced cost sharing but did not appropriate monies for it."
Supreme Court Rules in Redistricting Case - The Washington Times (4/4/2016)
A unanimous Supreme Court ruled Monday that illegal immigrants and other non-citizens can be counted when states draw their legislative districts, shooting down a challenge by Texas residents who said their own voting power was being diluted.
Obama Nominates Merrick Garland to Supreme Court - The Washington Times (3/17/2016)
President Obama tried to tap a moderate to fill the seat of the late Supreme Court Justice Antonin Scalia, but he ended up picking a fight with powerful Second Amendment groups.
The President Doesn't Deserve an EZ-Pass in Replacing Scalia - Betsy McCaughey (2/28/2016)
Democrats are giddy over the prospect of President Obama replacing conservative Justice Antonin Scalia with a liberal. But Republicans are equally adamant about blocking Obama's lame-duck appointment.
Will Religious Liberty Die With Scalia? - David Catron (2/15/2016)
The death of Supreme Court Justice Antonin Scalia was more than a tragedy for his family and American jurisprudence. It was a calamity for religious liberty.
Break the Teeth-Whitening Monopoly - George Will (2/11/2016)
It is frequently said that, unfortunately, Americans disdain government. It is more usefully said that, unfortunately, they have abundant reasons for doing so. And government compounds those reasons, it seems, every day.
Supremes Block Obama Carbon Emissions Plan - Reuters (2/10/2016)
The U.S. Supreme Court has delivered a major blow to President Barack Obama by blocking federal regulations to curb carbon dioxide emissions from power plants, the centerpiece of his administration's strategy to combat climate change.
The Supreme Court Decision That Could Change the Presidency - Diane Dimond (1/27/2016)
It will be a monumental decision either way: one that has the potential to shape national politics and public policy for decades to come. And don't be fooled into thinking it's just about U.S. immigration policy. It is much bigger than that.
Court to Rule on Obama Immigration Orders - Politico (1/19/2016)
The justices also added a question on whether Obama's action violated the Constitutional provision that he 'take care that the Laws be faithfully executed.'
Looming Setback for Public Unions Would Be a Political Earthquake - Betsy McCaughey (1/18/2016)
With Bush v. Gore, the Supreme Court took on the outcome of one election. But the case heard by the Supreme Court on Monday could affect elections for many years.
A Chance to Mend First Amendment Rights - George Will (1/12/2016)
When the Supreme Court contemplates changing its mind, it must weigh the institutional interest in the law's continuity against evidence that a prior decision has done an injury, even a constitutional injury.
Justice Scalia Dismisses the Concept of Religious Neutrality - AP (1/3/2016)
Supreme Court Justice Antonin Scalia said January 2nd the idea of religious neutrality is not grounded in the country's constitutional traditions and that God has been good to the U.S. exactly because Americans honor him.
Speech Police Attack Scalia - Robin Smith (12/14/2015)
The overreaction to Scalia's recitation of someone else's research and writings while engaging in public discourse over an issue before the Court is just another example of the Left's approach to speech: Either consent or be silenced.
SCOTUS: Do Illegals Dilute One Person, One Vote? - Lewis Morris (12/11/2015)
The Supreme Court heard oral arguments Tuesday in a case that could have serious implications for congressional representation. The question is whether the presence of illegal immigrants dilutes one-person-one-vote.
Little Sisters of the Poor vs. Government Almighty - David Catron (11/16/2015)
The Supreme Court's decision to hear Little Sisters of the Poor v. Burwell means that another group of Christians bedeviled by Beltway bureaucrats must beg permission from nine unelected government officials to practice their faith unmolested.
Will Five Justices Give One Man Control of U.S. Immigration Law? - Terence P. Jeffrey (11/12/2015)
This year, five members of the Supreme Court decided that there is a constitutional right for two people of the same sex to marry — and, thus, that children have no right to a mother (or a father). Will five also grant the president legislative powe
5 Cases to Watch in the Supreme Court's Next Term - Elizabeth Slattery (9/21/2015)
The Supreme Court's last term was one for the history books. The next term may not attract the same level of attention from the media and general public, but the justices will consider a number of important issues.
The 110 Year-Old Case That Still Inspires Supreme Court Debates - George Will (7/14/2015)
In his same-sex marriage dissent, John G. Roberts Jr. repeatedly denounced, with more animus than understanding, the U.S. Supreme Court's 1905 Lochner decision. A rather strange position for a "conservative" to take.
A Well-Deserved Smack Down for the EPA - The Washington Examiner (7/2/2015)
The decision to apply this National Emissions Standards for Hazardous Air Pollutants Program to power plants aroused much opposition, but what landed the EPA in court was its explicit refusal to bother with any sort of cost-benefit analysis.
Marriage Decision Distorts the Balance of Powers - The Washington Examiner (6/29/2015)
The Constitution was not amended last week. But Congress, state legislatures, and the voters who elect them lost a great deal of power anyway.
Supreme Court vs. Rule of Law - David Harsanyi (6/27/2015)
Roberts, abandoning law, laments that Obamacare was drafted in a haphazard and vague way, right before ruling that laws can be implemented in any way the executive branch sees fit, as long as judges deem its intentions righteous.