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

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 ...

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.

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 ...

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 ...

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 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 apologize in advance for writing a stream-of-consciousness post in a hurry (and for the errors that may result), but I want to provide a (short) bit of context for the headlines folks are seeing ...