Last week’s oral arguments before the Supreme Court concerning the Biden administration’s student-loan forgiveness plan predictably focused on arcane legal theories such as the “major questions doctrine.” Relatively little time was devoted to the profoundly inequitable structure of the program….

Last May’s leak of the Supreme Court’s draft decision in Dobbs v. Jackson Women’s Health Organization severely damaged the high court’s ability to perform its essential function: that of debating and deciding — in secret — the most important legal…

Two Harvard Law School professors, Cass Sunstein and Adrian Vermeule, recently published a book with the intriguing title Law and Leviathan: Redeeming the Administrative State. Far from “redeeming” anything, their book actually recounts why administrative law in general and the…

In one of the most significant Supreme Court terms in memory, in which big wins came down on gun rights and abortion and the environment, conservatives also claimed convincing victories in the three big religious liberty cases that were on…

Ketanji Brown Jackson was sworn in as an associate justice of the Supreme Court just after noon on Thursday, immediately following Justice Stephen Breyer’s resignation taking effect.  In a small, live-streamed ceremony located in the Supreme Court’s West Conference Room,…

Over the weekend, Jed Babbin was exactly correct in his characterization of the leak, quite possibly by a Sonia Sotomayor law clerk named Amit Jain if the speculation is correct, of the Supreme Court’s decision in the Dobbs case which…

The leak of the Supreme Court’s February draft opinion in Dobbs v. Jackson Women’s Health Organization was a political act that proved, redundantly, how thoroughly politics has invaded the court. Equally important is the fact that the leak was a…