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 the weekly bonus content for “One First.” Although Monday’s regular newsletter will remain free for as long as I’m able to do this, I put much of the bonus content behind a paywall as ...

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 ...

I was going to wait until Monday’s regular issue to note the sad news out of the Supreme Court on Friday (that retired Justice David Souter passed away Thursday at the age of 85). But then Stephen ...

Without question, this is a very big decision (and a big loss for President Trump). It’s also not an especially surprising ruling, even for this Court. As my Georgetown colleague Marty Lederman ...

Welcome back to “One First,” a weekly newsletter that aims to make the U.S. Supreme Court more accessible to all of us. For obvious reasons, the President’s power to use the military for domestic law ...