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Most recent Articles
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Of Course the Census Should Ask a Citizenship Question - Hans von Spakovsky (7/6/2019)
The Supreme Court's fractured and fragmented decision on whether the Commerce Department can reinstate a citizenship question as part of the 2020 census was a partial victory and a partial loss for the Trump administration.

SCOTUS Rules It Has No Role in Gerrymandering - Patriot Post (6/29/2019)
Gerrymandering can be an ugly process and often yields bizarrely shaped electoral districts. But it is, the Supreme Court ruled Thursday, an inherently political process best left to those who practice politics.

SCOTUS and Fouled-Up Free Speech - John J. Bastiat (6/28/2019)
This week the Supreme Court of the United States (SCOTUS) rendered yet another smackdown to the U.S. Patent and Trademark Office (USPTO), ruling it cannot censor trademarks it views as "immoral or scandalous."

Supreme Court Upholds Cross on Public Land in Maryland - AP (6/20/2019)
The court concluded that the nearly 100-year-old memorial's presence on a grassy highway median doesn't violate the Constitution's prohibition on the government favoring one religion over others.

Supreme Court: The Constitution Does Not Ensure a 'Painless' Execution - The Los Angeles Times (4/2/2019)
"The 8th Amendment has never been understood to guarantee a condemned inmate a painless death. That's a luxury not guaranteed to many people, including most victims of capital crimes...."

The High Court's Opinion Was Right In Timbs - George Will (3/3/2019)
America might be moving closer to a more robust role for an engaged judiciary in protecting a more spacious conception of the rights attached to national citizenship.

In Giant Cross Case, a "'Dog's Breakfast'" of Confusing Precedents - Jacob Sullum (3/2/2019)
Oral arguments in a Supreme Court case involving a giant cross vividly illustrated how hard it is to define "an establishment of religion" once you go beyond the clearly prohibited practice of forcing people to support a government-backed church.

Brett Kavanaugh Flunks His First Test as an Originalist - Damon Root (2/26/2019)
Thomas and Gorsuch are both self-avowed originalists, so it is fitting that they would either explain (Thomas) or at least acknowledge (Gorsuch) their heterodox views in a major constitutional case such as Timbs. So where was originalist Kavanaugh?

13 States Challenge Mass. Animal Rights Law - Daniel J. Flynn (12/22/2018)
The litigation concerns not Massachusetts regulations pertaining to in-state farmers but prohibitions on Massachusetts restaurants or stores buying products from out-of-state farmers who do not abide by Massachusetts law.

Alabama Supreme Court Upholds Personhood of Unborn Babies - CNS News (10/23/2018)
"Alabama recognizes an unborn baby as a life worthy of respect and protection… In other words, under the criminal laws of the State of Alabama, the value of the life of an unborn child is no less than the value of the lives of other persons."

What Will Kavanaugh Mean for the Supreme Court? - Hans von Spakovsky (10/11/2018)
It is the court's extension of its power into areas where it should not be exercising power that has played a large role in turning the confirmation of its justices into a rancorous political campaign.

Maintaining the Constitution's Separation of Powers - Randolph J. May (9/30/2018)
By ruling that Congress must provide more specific directions in laws in order to avoid unconstitutional delegations of its authority, the court can promote democratic accountability in the Executive departments.

Is a Trump Court in the Making? - Pat Buchanan (7/11/2018)
If Mitch McConnell's Senate can confirm his new nominee for the Supreme Court, President Donald Trump may have completed the capture of all three branches of the U.S. government for the Republican Party.

Kavanaugh Nomination Is About the Constitution, Not Politics - Mark Davis (7/10/2018)
The danger in seeking a "conservative" justice is that it frames the pick in precisely the wrong way: politically. The Supreme Court was never intended to be a robed legislature hammering out decisions to satisfy a mixed constituency.

Supreme Court to Minnesota: First Amendment Rights Don't End at the Polling Booth - Hans von Spakovsky and Elizabeth Slattery (6/19/2018)
The Supreme Court ruled 7-2 in Minnesota Voters Alliance v. Mansky that Minnesota's ban on so-called "political" apparel at the polls violates the First Amendment.

Supreme Court Decision On Rights Was Correct, But Half-Baked - Investor's Business Daily (6/5/2018)
The 7-to-2 ruling in favor of a Christian baker who refused to make a custom wedding cake for a same-sex wedding ceremony was a minor victory for religious rights, freedom of speech and freedom of commerce. But it didn't go far enough.

Supreme Court Backs Christian Baker Who Spurned Gay Couple - Reuters (6/4/2018)
U.S. Supreme Court on Monday handed a victory on narrow grounds to a Colorado Christian baker who refused for religious reasons to make a wedding cake for a gay couple, stopping short of setting a major precedent.

SCOTUS Deals Blow to Planned Parenthood - David Catron (5/31/2018)
The U.S. Supreme Court has denied a petition by Planned Parenthood to review an Arkansas statute requiring a provider of abortion-inducing drugs to have a contractual relationship with a doctor who has admitting privileges at a hospital.

SCOTUS: Contracts Mean What They Say - Lewis Morris (5/23/2018)
While the idea of following the rules only when they suit you is a typical component of the leftist worldview, it does not (or should not) hold in contract law or in business.

Neil Gorsuch and Clarence Thomas Clash Over Due Process and Immigration Law - Damon Root (4/17/2018)
A significant constitutional split has emerged between Supreme Court Justices Neil Gorsuch and Clarence Thomas over the meaning of the Due Process Clause.

Court Rules Rogue CFPB Is Constitutional - The Patriot Post (2/3/2018)
On Wednesday, the DC Circuit Court of Appeals reversed an earlier three-judge panel ruling and declared that the Consumer Financial Protection Bureau (CFPB) is constitutional, that its unaccountable structure may remain in place.

Supreme Court Free Speech Case Could Destroy a Generation's Rights to Life and Speech - Thomas Glessner (1/1/2018)
Mandating that pro-life centers speak a message with which they fundamentally disagree undercuts the very foundation of the First Amendment. Freedom of speech requires that the government allow speech with which it disagrees.

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.

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