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 ...

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 ...

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.

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 ...

Welcome back to “One First,” a weekly 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 ...

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 ...

Welcome back to the weekly bonus content for “One First.” I usually post these extra issues on Thursday mornings, but got halfway through writing this piece last night before deciding I’d just drop it ...