Congress wields more power than a Bond villain with a grudge. Thanks to the Exceptions Clause, they can slice and dice the Supreme Court’s appellate jurisdiction like a cheap steak. Imagine the Supreme Court ruling on a case Congress doesn’t like—Congress could just flip the table, snatch the gavel, and yell, “Not today!”
Read MoreThe U.S. Constitution does not require the Supreme Court to resolve disputes. And who benefits the most from this? Often, it’s criminals. In the past, the Court has avoided ruling on certain cases by either delaying decisions or remanding them to lower courts. Many cases involving the 14th Amendment and due process have been postponed […]
Read MoreOhio vs. Bradenbury: yet another Supreme Court free speech case so toxic, even the Justices wouldn’t touch it with their names. Can you blame them? It’s not every day you want the KKK’s RSVP to your next barbecue. And when it came to assigning liability, the Court basically said, “Nah, we’re good.”
Read MoreHere’s a quick illustration of Cedar Point Nursery v. Hassid. Imagine you’re a nursery owner, minding your own business, watering your prized saplings. Enter stage left: the government, clipboard in hand, announcing, “Congratulations! You’ve just been awarded the privilege of sharing your property with whoever we say, whenever we say. But don’t worry—it’s not all […]
Read MoreLochnerism is basically when the Supreme Court decides to turn the Constitution into a choose-your-own-adventure book using the 14th Amendment’s liberty clause. They say, “We’re here to protect freedom!” But then the existential crisis kicks in: What even is freedom? The Constitution doesn’t spell it out, so the Court just kind of wings it.
Read MoreOnce upon a time, there was a little pink house. It wasn’t much, but it was home for Susette Kelo—until the government decided that a cozy, working-class neighborhood wasn’t quite…profitable enough. Enter Pfizer, the pharmaceutical behemoth with grand plans to swoop in, take her land, and bulldoze her house. Why? To build something more, well, […]
Read MoreFor 800 years, property law had trudged along, a relic of feudalism that even Henry VIII couldn’t kill off completely. But then along came Willard v. First Church of Christ, and—poof—centuries of common law got tossed out like last week’s leftovers. California, ever the trendsetter, decided that a random third party could now waltz in […]
Read MoreAlthough it’s not like a secretive state grand jury or even a state civil jury trial is guaranteed, it sure looks like Diddy might have violated the Mann Act and the RICO Act. When Diddy transported escorts across state lines, that was interstate economic activity—aka commerce—which the feds could regulate, meaning prosecutors could charge Diddy. […]
Read MoreIt’s absolutely hilarious how opinions on religious freedom do a total 180 over time. Once upon a time, a Supreme Court Justice was warning about “courting anarchy” with Sherbert v. Verner for allowing a day of rest on Saturday—what a scandal! Fast forward to the Smith decision aka precedent, where the Court basically said, “Yeah, […]
Read MoreOh, the US Supreme Court? Yeah, totally in touch with reality. I mean, who needs elections when you can be handpicked for life? And let’s not forget the diversity—Catholics galore! And, of course, if you didn’t go to Harvard or Yale, you can just forget about it. But don’t worry, they’ve got that East Coast […]
Read More