The Latest Breaking News from Kavanaugh

I feel stupid for having dared to hope Sen. Chuck Grassley would make the leap to vote for Judge Ketanji Brown Jackson getting on the Supreme Court. Thankfully, she made it through without the support of Iowa's senior senator. But the victory could have been sweeter, the moment more memorable,…

Justice Kavanaugh argues for historical practice as a check on judicial intuition

In today's Austin v. U.S. Navy Seals 1–26, the Supreme Court stayed "[t]he district court's January 3, 2022 order, insofar as it precludes the Navy from considering respondents' vaccination status in making deployment, assignment, and other operational decisions … pending disposition of the appeal in the United States Court of…

In many areas of constitutional law, the Court allows a constitutional right to be overcome when a restriction passes "strict scrutiny"—i.e. (to oversimplify slightly), when the government can show that restricting the right is the "least restrictive means" of serving a "compelling government interest." In some fields, such as free…