The Nevada Supreme Court has a history of massaging the law to protect the state’s political elites — allowing lawmakers to ignore the two-thirds requirement for tax hikes, neutering term limits and ...

The U.S. Constitution was crafted in 1787 both to establish a new central government and to limit it. Some of the limitations are direct, some are subtle and some are hidden. The chief instrument of ...

Type to search articles, cases, and authors. Press ↵ to view all results. The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. A short ...

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 ...

Montesquieu’s separation of powers assumed authority would be exercised through visible institutions. The AI era shifts this. Power operates through invisible infrastructure: Terms-of-service ...

Type to search articles, cases, and authors. Press ↵ to view all results. Please note that SCOTUS Outside Opinions constitute the views of outside contributors and do not necessarily reflect the ...

Separation of powers is a topic that you just know is important but, given how short life surely is, that was an event that you might find an excuse to avoid. Still, there’s a lot to be said about the ...

Federal courts have ruled that President Donald Trump did not have legal authority to impose his worldwide “Liberation Day” tariffs, nor his earlier tariffs on Mexico, Canada, and China. Trump and his ...

A judge ordered a prison sentence of eight to 20 years Monday for a man in a shooting whose case raised separation of powers questions and who was previously sent to prison for a pet shop fire. Kirk ...

From day to day, Donald Trump’s second term often seems like a roman candle of grievance, with the administration spraying attacks in all directions on institutions and individuals the president ...

“I have a phone and a pen,” President Barack Obama said when Congress rejected his request for a change in immigration law. With his phone and his pen, Obama created temporary amnesty for the Dreamers ...