The Supreme Court has unanimously held that GPS tracking of an individual by the state constitutes a "search" in terms of the Fourth Amendment. However, the Court declined to answer the crucial question of with the search was a "reasonable" one under the Fourth Amendment. ...
Supreme Court
Shorter Scalia and Thomas: By stopping Cory Maples's execution, the majority has violated Alabama's rights. Look, sure, he didn't really have a "lawyer" in the sense of someone responsible for.
Clarence Thomas's 2011 opinion for a bare majority of the Court shielding the New Orleans DA from liability for its systematic violation of civil liberties (which in some cases led.
Dahlia Lithwick's piece on the oral arguments on the latest round of the FCC "fleeting expletives" case that the Supreme Court kicked back to the circuit court 3 years ago is excellent. The two most salient points: Based on FCC v. Fox and today's oral...
The Supreme Court was right yesterday; campaign expenditures are not the equivalent of other kinds of political speech. Now. if it would only apply this logic to other campaign finance.
See Lithwick, Liptak, Hasen, Epps, and Denniston. It will be interesting to see if the Court runs with the compromise floated by Kagan.
I have a piece up at the Prospect about the obvious constitutionality of the Affordable Care Act. In particular, the "activity/inactivity" distinction cooked up by conservatives to get the ACA ruled unconstitutional 1)has no basis in the text of the Constitution or Supreme Court precedent...
The NYT has a nuanced article that discusses a new study released by the Brennan Center for Justice at NYU. Basically, contra conventional wisdom, the Roberts Court finds in favor of.
Gordon Hirabayashi, a civil rights hero who was arrested while attending my alma mater and ended his career teaching at my native province's flagship university, passed away at age 93. .
Lithwick valiantly tries to explain what Newt was up to. In addition to the fact that he's envisioning himself as president, I think it's also a example of how a little history is a dangerous thing. Newt is very vain about his very modest...
I have a piece up at the Prospect about the attacks on the federal judiciary increasingly made by several Republican candidates, all of whom apparently have yet to be informed.
I have to give Newt this one: Citizens United was indeed an arrogant misreading of the American people. My takeaway from the debate segment on the courts is that every.