THE TRUTH ABOUT: Rehnquist - The Untold Story

New in SCOTUSBlog: "The separation and expansion of powers between Congress and the president"

Our final installment to track the changes in constitutional law.

Reason · Oct 20

Chief Justice Rehnquist and Chief Justice Roberts Did Not See Eye-to-Eye About Dames & Moore v. Regan

In the South Texas Law Review, Rehnquist described his opinion in Dames & Moore as "similarly important" to Gibbons v. Ogden. His law clerk, and future Chief Justice, would disagree.

Reason · Sep 23

The Supreme Law Without 9/11

In my new Civitas Essay, I discussed how our present legal order stems from the events of 9/11. Here, I… The post The Supreme Law Without 9/11 appeared first on Reason Magazine.

Reason · Sep 11

Chief Justice Burger Set the Stage for the Originalist Revolution

While conservative criticisms of the Burger Court may be justified, those criticisms do not apply to the "The Chief." He had only one vote on the Court ... and, too often, too little support from his colleagues to reach originalist results.

Reason · Oct 6, 2025

"The Souterian and Rehnquistian Views of Legal Talent"

From a new law review article with that name, by Andy Smarick (Manhattan Institute): During congressional testimony in 1999, the… The post "The Souterian and Rehnquistian Views of Legal Talent" appeared first on Reason.com.

Reason · Sep 4, 2025

The Supreme Court Hasn't Resolved Whether Libraries May Remove Books Based on Viewpoint

The Fifth Circuit decision holding that libraries may remove books based on the books' viewpoint may lead some to ask:… The post The Supreme Court Hasn't Resolved Whether Libraries May Remove Books Based on Viewpoint appeared first on Reason.com.

Reason · May 23, 2025

The Hughes Court Repudiated FDR In Humphrey's Executor, and the Roberts Court Will Repudiate Trump by Maintaining Humphrey's Executor

The separation of politics, not the separation of powers, will decide Wilcox v. Trump.

Reason · Feb 6, 2025

A Window Into Chief Justice Roberts's Mind

The 2024 year-end report tells us what keeps the Chief awake at night.

Reason · Jan 1, 2025

Reconsidering United States v. Nixon

Maybe the Roberts Court was right and the Burger Court was wrong.

Reason · Aug 8, 2024

The Facial Challenge Analysis In Rahimi Seems Inconsistent with Lopez

Why did Lopez, who was paid $40 to bring a gun to a school, succeed on a facial challenge, but the Court wouldn't even consider Rahimi's circumstances?

Reason · Jun 27, 2024