A number of U.S. states that have legalized the sale of marijuana are being sued by companies that have not entered the legal market, using the Constitution's dormant commerce clause as their basis ...

When studying Congress’ authority and responsibilities in Section 8 of Article I of our Constitution, one of the shortest clauses has become one of the most complicated and litigated in ...

In U.S. v. Williamson, Fifth Circuit Judges Jacques Wiener, Don Willett, and Cory Wilson followed Fifth Circuit precedent in holding that the federal ban on gun possession by a felon was ...

[Jack Goldsmith and I will have this article out in the Texas Law Review early next year, and I'm serializing it here. There is still plenty of time for editing, so we'd love to hear any ...

The original public meaning of the text of the Constitution is front and center these days, with Supreme Court majority and dissenting opinions alike invoking and debating that litmus test. On Tuesday ...

Roscoe Filburn owned a wheat farm in rural Montgomery County, Ohio. When he used his own farm to feed his own family, he fell under the hammer of the federal government. It was 1938, and America was ...

WASHINGTON —When the Supreme Court upheld the 1964 Civil Rights Act, the justices said next to nothing about racial equality, the ideal that drove the landmark law's enactment. Instead, the court ...

Journal Editorial Report: Paul Gigot interviews High Court specialist Ilya Shapiro. Evan Golub/Zuma Press Photo: Evan Golub/Zuma Press The Supreme Court is doing an originalist cleanup job on decades ...

This article was originally on a blog post platform and may be missing photos, graphics or links. See About archive blog posts. Time will tell whether Wednesday’s Supreme Court ruling on ...

This week we highlight cert petitions that ask the Supreme Court to consider, among other things, whether Puerto Rican news agencies have a First Amendment right to audio of proceedings in a case of ...