Judical Activism

As expected, on remand from the Supreme Court, a divided Fifth Circuit panel has asked the Texas supreme court, as the authoritative interpreter of […]

Retired Sixth Circuit judge Boyce F. Martin Jr.’s career of zany lawlessness ends in rank public disgrace.

It turns out that there are limits to the courts’ overreaching interpretations of the religious guarantees of the Establishment Clause—at least […]

A Ninth Circuit panel rules that when prosecutors have used a defendant’s un-Mirandized statement to prove a criminal charge against him, that […]

Back in October, Eleventh Circuit chief judge William Pryor received intense criticism for hiring a law clerk, Crystal Clanton, who had been accused […]

Here is a quick follow-up to Jonathan Adler’s post about Fifth Circuit judge Gregg Costa’s unexpected decision to resign his seat.

The Vermont supreme court declares invalid a state law that bars a person from performing an abortion except where necessary to save the life of the […]

OSHA was engaging in nothing short of a power grab, and the Court was correct to reject it.

With Judge Costa’s retirement announcement, President Biden now has the opportunity to fill two seats on the Fifth Circuit.

Federal district judge Haywood S. Gilliam Jr. enters an order blocking the Trump administration from implementing its rules creating a religious and […]

If the Court is to allow the Mississippi 15-week law to operate, it must overrule Roe and Casey.

Justices Douglas, Brennan and Marshall dissent from the Court’s ruling (in Wyman v. James).

The Left seems to invoke ‘innate physiological differences’ between the sexes only when doing so favors women.

Berkeley law professor Goodwin Liu submits his written testimony to the Senate Judiciary Committee opposing the confirmation of Supreme Court nominee […]

In Colautti v. Franklin, the Supreme Court rules unconstitutional, by a vote of 6 to 3, a Pennsylvania statute.

Solicitor General Elena Kagan personally assigns her deputy Neal Katyal to be part of ‘a group to get thinking about how to defend against […]

Senator Edward M. Kennedy fulminates in a Washington Post op-ed, two days before the start of Samuel Alito’s hearing on his Supreme Court […]

Changing the rules on extended debate, the Senate’s most distinctive feature, is a serious matter.

In particular, I would like to highlight what strikes me as the most extraordinary aspect of Biden’s judicial picks so far: with the Abudu and […]

Well, nineteen years have passed since Grutter, and racial preferences are more entrenched than ever. Among the elite universities that embrace them, […]