The Court's conservative majority turns to “history and traditions” to ignore the obvious — again ...

The Supreme Court’s 6–3 decision in Wolford v. Lopez on Thursday confirms our worst fears about the supermajority’s Second ...

Now that the Supreme Court has granted cert in Trump v. Barbara, the meaning of the Citizenship Clause in the Fourteenth Amendment should be definitively clarified. There are numerous collateral ...

Justice Samuel Alito took aim at arguments from Hawaii‘s reliance on the “spirit of aloha” as rationale for expansive and ...

The Supreme Court has granted cert in U.S. v. Hemani, which concerns the constitutionality of 18 U.S.C. § 922(g)(3), which forbids a person from possessing a firearm in or affecting commerce if he "is ...

Patriots' Day -- Ratification -- The tub to the whale -- Arkansas toothpicks, Beecher's bibles, and the Fourteenth Amendment -- Revolt at Cincinnati -- Contest for the Constitution -- The road to ...

The conservative bloc’s only consistent practice is its inconsistent application of its own “history-and-tradition” test.