During oral argument in the Trump immunity case, Justice Kavanaugh articulated a strong understanding of the "clear statement" rule. Under this principle, statutes should be read to not apply to the ...

The Supreme Court heard oral arguments in two cases Tuesday about whether challenges to certain actions taken by the U.S. Environmental Protection Agency under the Clean Air Act must go to the U.S.

We collaborate with the world's leading lawyers to deliver news tailored for you. Sign Up for any (or all) of our 25+ Newsletters. Some states have laws and ethical rules regarding solicitation and ...

In Employment Division v. Smith, Justice Scalia identified the concept of hybrid rights: a restriction that targets two constitutional rights would be reviewed with heightened scrutiny. For example, a ...

Editor: We don’t necessarily have parties with hamburgers and hot dogs on Sept. 17, but we should make time to celebrate a momentous event. It was that day, 238 years ago, our Constitution was signed.

As the 250th anniversary of our independence approaches, let us linger over the most important sentence that James Madison ever wrote, and the most relevant to the current moment. “The accumulation of ...