Add Yahoo as a preferred source to see more of our stories on Google. In recent years, the Supreme Court has gradually abandoned an idea – the separation of powers – that the Framers thought was vital ...

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 ...

A federal judge in Rhode Island has thrown a wrench into President Donald Trump’s plans to shutter a group of congressionally-sanctioned government agencies that “support our libraries, museums, ...

Add Yahoo as a preferred source to see more of our stories on Google. The Thomas Jefferson Building of the Library of Congress on May 31, 2025. - Kevin Carter/Getty Images/File A federal appeals court ...

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 ...

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 ...

Courtly Observations is a recurring series by Erwin Chemerinsky that focuses on what the Supreme Court’s decisions will mean for the law, for lawyers and lower courts, and for people’s lives. The war ...

On Friday, hours after the Supreme Court ruled that President Donald Trump had no tariff authority under the International Emergency Economic Powers Act (IEEPA), he invoked a different law to impose ...

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 ...

Please note that SCOTUS Outside Opinions constitute the views of outside contributors and do not necessarily reflect the opinions of SCOTUSblog or its staff. In recent years, the Supreme Court has ...