The Latest Breaking News from Kavanaugh

So the Supreme Court held this morning, though it made clear that a city could pick and choose which flags it flies, if it makes clear that the flags are its own speech.

Will the Supreme Court finally overrule the Lemon test?

I feel stupid for having dared to hope Sen. Chuck Grassley would make the leap to vote for Judge Ketanji Brown Jackson getting on the Supreme Court. Thankfully, she made it through without the support of Iowa's senior senator. But the victory could have been sweeter, the moment more memorable,…

Justice Kavanaugh argues for historical practice as a check on judicial intuition

In today's Austin v. U.S. Navy Seals 1–26, the Supreme Court stayed "[t]he district court's January 3, 2022 order, insofar as it precludes the Navy from considering respondents' vaccination status in making deployment, assignment, and other operational decisions … pending disposition of the appeal in the United States Court of…

In many areas of constitutional law, the Court allows a constitutional right to be overcome when a restriction passes "strict scrutiny"—i.e. (to oversimplify slightly), when the government can show that restricting the right is the "least restrictive means" of serving a "compelling government interest." In some fields, such as free…

Democrats won two major victories, but a dissenting opinion from three of the court’s conservative justices set off alarm bells

Merrill v. Milligan is the most important shadow docket entry since John Does 1-3 v. Mills

The Supreme Court summarily deems the "central question" of the D.C. Circuit's opinion as "nonbinding dicta" to avoid hamstringing some future, more worthwhile, president.