Trump v. Slaughter was Trump v. United States Redux But what does "conclusive and preclusive" actually mean? Reason · Dec 17, 2025
What Does It Mean To "Regulate Importation"? It's the central question in the tariff cases, and one exchange during oral argument caught my ear Reason · Nov 9, 2025
The Shortest SCOTUS Oral Argument In The Modern Era? Coney Island Auto Parts, Inc. v. Burton was over in 37 minutes. Reason · Nov 5, 2025
The Asymmetry on Standing for Liberals and Conservatives Justice Kagan acknowledged an unspoken truth in standing law: it is easier for blue litigants to have standing than for red litigants. Reason · Oct 23, 2025
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
Minors and Addiction to Speech and Press I'm finishing serializing my forthcoming Emory Law Journal article titled Addiction to Constitutionally Protected Activity: Speech, Press, and Religion. In… The post Minors and Addiction to Speech and Press appeared first on Reason.com. Reason · Oct 1, 2025
The Law No Longer Listens To Justice Kennedy Justice Kennedy's new book reminds me how grateful I am the law no longer listens to him. Reason · Sep 29, 2025
Would A Subsidy To Encourage Young Men and Women To Marry Be Constitutional? The government would offer a graduated subsidy, based on the age of the mother, to marry under the age of 30, with the goal of promoting natural child conception. Reason · Sep 19, 2025
Justice Kavanaugh Continues To Be The Only Justice To Explain Emergency Docket Orders And Justice Kavanaugh has come a long way since using the term "noncitizen" instead of "illegal alien." Reason · Sep 9, 2025
Who Was The Fourth Vote For Cert In Chiles v. Salazar? In December 2023, only three Justices would have granted in Tingley v. Ferguson, which presented the same issue. Reason · Aug 24, 2025
Ninth Circuit Upholds Nationwide Injunction in State Suit Against Birthright Citizenship Order Judge Bumatay objects on standing grounds, arguing that courts should not seek to offset narrowing one form of relief by expanding another: "That would be like squeezing one end of a balloon—it just pushes all the air to the other end." Reason · Jul 24, 2025
Free Speech Coalition Brings Text, History, and Tradition to the Free Speech Clause Justice Thomas tries to Bruenify free speech doctrine, but I'm not sure it will work. Reason · Jul 14, 2025
The Status of Smith and Yoder After Mahmoud The Court continues avoiding the Smith issue, but in an unexpected way. Reason · Jul 9, 2025
Contrasting Coercion for the Free Exercise Clause in Mahmoud and Coercion for the Establishment Clause in Kennedy The Court finds that the government cannot indirectly coerce children who are exercising their religious beliefs, but the government can indirectly coerce children who are not exercising their religious beliefs. Reason · Jul 9, 2025
Reason · Jul 6, 2025 Have The Gundy and Fulton Moments Passed? The intelligible principle test and Employment Division v. Smith are likely safe from Justices Kavanaugh and Barrett.
Reason · Jul 6, 2025 Justice Kavanaugh Lays Out His Roadmap In FCC v. Consumers' Research Justice Kavanaugh parts ways with Justice Gorsuch on the non-delegation doctrine, but charts two paths for independent agencies.
Reason · Jun 20, 2025 Chief Justice Roberts and Justice Gorsuch Walk Back Bostock Justice Sotomayor is right. The majority cannot just wish away Bostock.
Reason · Jun 18, 2025 Supreme Court Rejects Constitutional Challenge to State Limits on Sex Transition Treatments for Minors The Court's majority avoids the larger question of whether laws targeting transgender individuals should be subject to heightened scrutiny, but Justice Barrett did not.
Reason · Jun 18, 2025 Predictions For The Remaining 15 Cases Barring any surprises, I do not expect any surprises.
Reason · Jun 16, 2025 See, I Told You So About Justice Barrett Justice Barrett compares the Constitution to Odysseus. But I feel like Cassandra.
Reason · Jun 3, 2025 Second Amendment Roundup: Cert denied in rifle and magazine ban cases. Justice Kavanaugh: “this Court should and presumably will address the AR–15 issue soon.”
Reason · Jun 1, 2025 Is Justice Barrett "Solidifying Herself as the Swing Justice"? Claims that Justice Amy Coney Barrett is at the center for the Court are not supported by the data. The truth is more complicated.
Reason · May 27, 2025 Justices Alito and Thomas Dissent from Court's Declining to Hear "There Are Only Two Genders" School T-Shirt Case From Justice Alito's dissent from the denial of certiorari in L.M. v. Town of Middleborough, joined (with a twist) by… The post Justices Alito and Thomas Dissent from Court's Declining to Hear "There Are Only Two Genders" School T-Shirt Case appeared first on Reason.com.
Reason · May 24, 2025 The Supreme Court Said States Can't Discriminate in Alcohol Sales. They're Doing It Anyway. Two decades after Granholm v. Heald was supposed to end protectionist shipping laws, states and lower courts continue to undermine the decision.