Those who argue that Court reform *must* include expansion need to answer hard questions about the precedent it would set and ...

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 ...

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.

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 ...

This will be a very brief post, but I thought it might be useful to explain what the Eighth Circuit did this evening in the Missouri redistricting case; why it’s both indefensible and not likely to be ...

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 ...

As soon as this afternoon, we could hear from the Supreme Court on the Missouri redistricting dispute’s third trip to the justices in the last 16 days. In particular, the group that successfully ...