Supreme Court News

Almost a year ago, we asked, “How much authority can Congress give to the attorney general to effectively write criminal laws?” In Gundy v. United States, a plurality of the Supreme Court has given its answer: as much as Congress wants to give. The plurality opinion, which was written by Justice Elena Kagan, was joined…

The Supreme Court rejected a case regarding school policy in a district which allows transgender students to use bathrooms of their choice. On Tuesday, the Supreme Court denied cert to Doe v. Boyertown Area School District, a case concerning a gender identity bathroom and locker room policy at a Pennsylvania high school. In declining to…

Oral arguments heard at the Supreme Court Tuesday were ostensibly about whether the 2020 census could include a question about citizenship. But don’t be fooled. The reason this case rocketed to the Supreme Court and has been so hotly contested is that the debate hinges, at bottom, on two starkly different visions of America. In…

Should elected officials be allowed to gain access to the federal income tax returns of American taxpayers? When President Richard Nixon tried to do this to get dirt on his political opponents he was deservedly condemned and Congress passed a law in 1976 to bar the practice. But now Democrats want to ignore that law to get…

Conversations about the Supreme Court this spring have been dominated by discussion of conspiracy theories about Justice Ruth Bader Ginsburg’s health, Democratic presidential hopefuls’ plans to “pack the Supreme Court,” and a manufactured “controversy” over Justice Brett Kavanaugh teaching at George Mason University’s Scalia Law School. But on Monday, the justices will begin their final…

After a two-week break, the Supreme Court is set to hear oral argument in several cases during its March sitting. Among the issues the court will address are partisan gerrymandering (for a second year in a row), racial bias in jury selection, and whether courts should defer to administrative agencies in interpreting their regulations. Rucho…

Anything the left can’t control, it aims to destroy. From campaigns to abolish the Senate to the growing movement to upend the Electoral College after Hillary Clinton’s defeat in the 2016 presidential election, progressives have few qualms about getting rid of long-standing constitutional institutions. Now they’re doubling down on their efforts to wage war on…

It’s a good day when all nine justices of the Supreme Court make a stand for liberty. On Wednesday, the court held unanimously that the excessive fines clause of the Constitution’s Eighth Amendment applies to the states. The ruling is potentially a major win for property owners and individual citizens facing excessive fines, fees, and…

The Supreme Court justices returned for the court’s first oral arguments of 2019 this week without America’s favorite octogenarian, Justice Ruth Bader Ginsburg. Seasoned litigators and Ginsburg fanatics alike were shocked by Chief Justice John Roberts’ announcement on Monday that Ginsburg would miss oral arguments. The announcement came less than three weeks after the Supreme…