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 ...

Third-country removals” raise a host of difficult procedural and substantive questions. The Supreme Court should have answered those questions *before* greenlighting deportations to torture.

The Eighth Circuit’s Monday night ruling in the Missouri redistricting case isn’t long for this world, but it’s still quite a mess. Cristian Farias and I sat down to discuss in a Substack Live. On ...

Due out May 4, 2027, my second book about the Supreme Court offers a more nuanced diagnosis of exactly what’s wrong with the Court—and how (and why) we should fix it.

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 ...

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 ...

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 ...