The shift in the Court's Eighth Amendment jurisprudence would be a significant obstacle to litigation challenging the public ...

The only provision from the original Bill of Rights that was never adopted would've grown the House in proportion to the ...

In the pre-publication galleys to his new book, So Ordered: An Originalist’s View of the Constitution, the Court, and Our Country, Justice Alito spelled my last name inconsistently.1 This is, I ...

I have sometimes been asked to name the one contemporary emergency docket case that bothers me the most. My answer, even before Tuesday afternoon, has always been the litigation in D.V.D. v.

This will be a very brief post, but I thought it might be useful to explain what the Eighth Circuit did this evening in the Missouri redistricting case; why it’s both indefensible and not likely to be ...

Welcome back to “One First,” a newsletter that aims to make the U.S. Supreme Court more accessible to lawyers and non-lawyers alike. I’m grateful to all of you for your continued support, and I hope ...

Without question, this is a very big decision (and a big loss for President Trump). It’s also not an especially surprising ruling, even for this Court. As my Georgetown colleague Marty Lederman ...

A weekly audio companion to the "One First" Supreme Court newsletter ...

As I feared when Chief Justice Roberts issued an administrative stay of the district court’s injunction on August 21, a 5-4 majority on Monday issued a stay pending appeal in the ballroom ...

Welcome back to “One First,” a newsletter that aims to make the U.S. Supreme Court more accessible to lawyers and non-lawyers alike. I’m grateful to all of you for your continued support, and I hope ...

I am 78 years old and disabled. I have never missed an election since my first State election in 1970. Like most Californians I have voted by mail since the mid-2000s. California voters love mail ...