The Latest Breaking News from Kavanaugh

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…

Democrats won two major victories, but a dissenting opinion from three of the court’s conservative justices set off alarm bells