A Death Row Case That Divided Kavanaugh and Gorsuch
Plus: Gordon Wood, RIP
Constitution
Bill Introduced in Congress To Codify the First Amendment Right To Film the Feds and Sue for Violations
Civil liberties groups say recording the police is core First Amendment activity. The Right to Record Act of 2026 would create a right to sue federal officers who violate it.
Is Japan a Libertarian Paradise? Not Quite.
Behind Japan's economic success lies a government and legal system that clearly prioritize social stability and group harmony over individual rights.
Lawsuit Says a Memphis Police Task Force Waged a Harassment Campaign Against People Who Filmed Them
The American Civil Liberties Union is asking a judge to block the Memphis Safe Task Force from retaliating against anyone who exercises their First Amendment right to record the police.
Was Lincoln More Radical Than We Remember?
Damon Root discusses the path to emancipation, the struggle to secure freedom after the Civil War, and the constitutional changes that remade America.
Thomas and Alito Shortchange the Bill of Rights in Another Criminal Justice Case
Plus: a few words about my new book
Trump Loves Accusing Critics of Treason. U.S. Law Makes That Charge Hard To Prove—for Good Reason.
The president’s habitual attempts to criminalize dissent hark back to tyrants of yore.
Thomas and Alito Take a Regrettable Position in a Qualified Immunity Case
The two judicial conservatives continue to disappoint criminal justice reform advocates.
250 Years Later, Benjamin Franklin's Warning Is Still Relevant
He famously said the Founders had created "a republic, if you can keep it." How have we kept it? And can we continue?
A SWAT Team Destroyed an Innocent Woman's Home. She's Been Waiting 6 Years for Justice.
Vicki Baker is more fortunate than several other similarly situated victims. But it took a very long time to get there.
SCOTUS Term Limits May Be a Good Idea. But They Still Require a Constitutional Amendment.
Lifetime tenure for federal judges has been the constitutional practice since ratification.
How Much Deference Does SCOTUS Owe to Congress?
Should it take more than a 5–4 vote for the Supreme Court to strike down a federal law?
A U.S. Citizen Is Suing ICE for Arresting Him Twice. He Just Got Arrested a Third Time.
Leo Garcia Venegas and the Institute for Justice are suing to block immigration raids on private construction sites that target Latinos.
Clarence Thomas Sets a New SCOTUS Record
Plus: A "supremely cringe" viral tweet about the Supreme Court
Heroes of 1776 Shows That Remembering the Past Is Key to Progress
Neil Gorsuch's new book reminds us that to accelerate progress, we must first acknowledge the progress that has already occurred.
Right-Wing Influencers Don't Understand What Makes America Great
The Dissident Right is furious with Neil Gorsuch for saying America is a creedal nation. That just goes to show how out of touch its obsessions are.
11 Big SCOTUS Cases That Will Be Decided Soon
From immigration and guns to executive power, transgender athletes, and mail-in ballots, these are the Supreme Court cases to watch out for in May and June.
Gorsuch Says SCOTUS Is Doing 'Pretty Darn Well' in Handling the 'Hardest Cases'
The justice defends the Supreme Court as a model of respectful and principled adjudication.
Congress Gave Away Its Authority To Declare War and Enabled Trump's Iran War
Congress hasn't voted to declare war since 1942, yet the legislative branch constantly refuses to rein in presidents.
Justice Neil Gorsuch: 'Aspirations for Power Need To Be Checked'
The Supreme Court justice discusses the Declaration of Independence, how unchecked power threatens liberty, and what the Founders can teach future generations.
SCOTUS Narrows the Reach of the Voting Rights Act
Plus: The Supreme Court says “demands for a charity’s private member or donor information” raises First Amendment problems.
SCOTUS Weighs 'Geofence Warrants' and the Future of Digital Privacy
The government wants access to millions of cell phone location histories. The Supreme Court will decide what the Fourth Amendment allows.
A Rare SCOTUS Case That Pitted Thomas Against Alito
Plus: Does Trump expect to lose the birthright citizenship case?
Don't Count on the 25th Amendment To Dethrone Donald Trump
Democrats can't muster the votes to impeach and remove Trump, or even to stop an illegal war. The 25th Amendment would be even more difficult.
When the U.S. Censored a Movie About the American Revolution and Imprisoned Its Producer
Remembering the infuriating case of United States v. “The Spirit of ’76.”
When SCOTUS Did Lasting Damage to the Bill of Rights
Plus: The Alito retirement rumors keep swirling.
The Supreme Court's Next Big Fourth Amendment Case
How the digital privacy rights of millions are at stake in Chatrie v. United States.
Why SCOTUS Ruled 8–1 Against Colorado's 'Conversion Therapy' Ban
Understanding the Supreme Court’s decision in Chiles v. Salazar.
The Republican Plan To Nationalize Elections Is Performative Nonsense
There is no voting crisis that demands federal intervention.
Gorsuch, Barrett, and Roberts Raise Fatal Objections to Trump's Birthright Citizenship Order
Understanding the Supreme Court’s oral arguments in Trump v. Barbara.
Trump's Unconstitutional Attack on Birthright Citizenship Finally Reaches the Supreme Court
Understanding the stakes in Trump v. Barbara.
Trump's 'Military Operation' Wordplay Can't Hide Iran War
A war by any other name must still be authorized by Congress.
Minnesota Bills Would Create State Right To Sue Government Officials for Constitutional Violations
Two different pieces of legislation aim to create state workarounds to the procedural quagmire of federal civil rights litigation.
Mail-In Ballots, the 2026 Election, and the Supreme Court
What’s at stake in Watson v. Republican National Committee.
Markwayne Mullin Says Agents Don't Need a Warrant If They're Pursuing a Suspect. Here's What the Law Says.
“Officers don’t have the blanket authority to arrest anyone who runs from them,” says an attorney from the Institute for Justice.
Jury Clears Afroman of Defamation for Mocking Cops Who Raided His House
Ohio sheriff's deputies raided Afroman's house in 2022 based on a bogus tip, then sued the rapper after he released music videos mocking the deputies.
Kavanaugh Should Be Embarrassed by Trump's Praise for His Tariffs Dissent
Plus: Brian Doherty, RIP.
The Supreme Court's Approval Ratings Have Dropped. Does It Matter?
What happens if both political parties come to distrust the Court’s judgment?
Will SCOTUS Review the Iran War's Constitutionality? Don't Count on It.
The judiciary is largely absent from the long-running constitutional debate over undeclared foreign wars.
Yes, States May Prosecute ICE Agents for Misconduct
Plus: An unsettling comparison between the Iran War and “Lyndon Johnson going into Vietnam.”
The Iran War Is Unconstitutional
The president has no lawful authority to launch a war absent a congressional declaration of war.
The Trump Administration Made Habeas Corpus Great Again
More habeas corpus petitions were filed over the last year than in the past three administrations combined because of the administration's mass detention policy.
In Tariffs Dissent, Clarence Thomas Embraced a Dangerous Theory of Executive Power
The conservative justice’s regrettable opinion in Learning Resources v. Trump.
Gorsuch Blasts Thomas, Alito, and Kavanaugh for Favoring Trump's Illegal Tariffs
What explains the fracture in the Supreme Court's "conservative bloc"?
Judge Orders Takeover of Arizona Prison Health Care Following Years of Barbaric Medical Neglect
A federal judge ruled in 2022 that "no legitimate humane system would operate" like Arizona's prison health care system. Three years later, that same judge found the problems still hadn't been fixed.
Small Business Owners Celebrate Supreme Court Striking Down Trump's Tariffs
The battle against the president's so-called reciprocal tariffs is won, but the war for free trade and a stable business environment continues.
Judging the Alito Retirement Rumors
Is the conservative Supreme Court justice planning to retire this year?
DHS Said It Was Targeting the 'Worst of the Worst' in Maine. It Swept Up Asylum Seekers and Noncriminals.
News outlets, civil rights groups, and court records tell a much different story than the government's claims about "Operation Catch of the Day."
