The Supreme Court Was Wrong About Taxes
By: Rob Natelson Along with some good decisions, Supreme Court justices made some mistakes in the term just ended. One mistake involved taxes—and it is likely to bedevil the court ...
Read more.
The Supreme Court Bump Stock Case: Defeat for the “Deep State”
By: Rob Natelson Justice Clarence Thomas’ opinion for the Supreme Court in Garland v. Cargill—the “bump stock firearms” case—may be more important for what it does not say than for ...
Read more.
Five Years Later Supreme Court Decision Still Hasn’t Significantly Limited Asset Forfeiture
By: Mike Maharrey Many people believe the Supreme Court “ended asset forfeiture” with its 2019 opinion in Timbs v. Indiana. As we argued at the time, Timbs ended nothing, and follow-up cases bear ...
Read more.
The 1859 Oberlin Trial: A Victory for the Higher Law
By: TJ Martinell Months prior to John Brown’s infamous 1859 raid on Harper’s Ferry, a trial took place rooted in the same issues of slavery and federal enforcement that, while ultimately ...
Read more.
Indian Child Welfare Act: Another case of Congress’s overreach goes to the Supreme Court
By: Rob Natelson The federal Indian Child Welfare Act (ICWA) is a classic instance of congressional overreach: It imposes sweeping child adoption rules on the states and has caused extreme hardship ...
Read more.
How the Supreme Court Rewrote the Constitution Part VII: Concentration Camps and the End
By: Rob Natelson This is the last installment in a series on the nadir, or low point, of the U.S. Supreme Court. This was the period from 1937 to 1944, when ...
Read more.
Yet Another Federal Court Fail
By: Mike Maharrey Conservatives and libertarians often count on the federal courts to “protect their rights.” This is a bad strategy. Most of the time it fails. Instead of protecting rights, ...
Read more.
How the Supreme Court Rewrote the Constitution Part VI: Crushing Civil Liberties
By: Rob Natelson The first, second, third, fourth and fifth installments in this series traced how the Supreme Court responded to President Franklin D. Roosevelt’s efforts to break constitutional limits and create a powerful federal government. After trying ...
Read more.
How the Supreme Court Rewrote the Constitution Part V: Killing Economic Freedom
By: Rob Natelson The first, second, third, and fourth installments in this series described how the Constitution established a relatively small federal government with limited powers and how President Franklin D. Roosevelt’s New Deal challenged that ...
Read more.
Record Shows Supreme Court Overwhelmingly Protects Federal Power
By: TJ Martinell One of the most prevalent political strategies is to sue and hope federal courts rein in unconstitutional federal overreach. But evidence shows it almost never turns out ...
Read more.