Noah Feldman: Ditch the special counsel. Bring back the independent counsel
The two federal criminal prosecutions most in the news right now of Donald Trump and Hunter Biden highlight the limits of the existing special counsel regulations. In one case, the executive branc
Noah Feldman: Affirmative action is radical Supreme Court’s latest casualty
Affirmative action died Thursday at the hands of the Supreme Court s conservative constitutional revolution. In a 6-3 decision, written by Chief Justice John Roberts, the court overturned nearly 50 ye
Noah Feldman: Can Texas really put the Ten Commandments in public schools?
Late last week, the Texas Senate passed a bill requiring the Ten Commandments to be displayed in every classroom in the Lone Star State. It s not that surprising in the wake of the Supreme Court s blo
Noah Feldman: Trump indictment is a risky bet for New York and the nation
The criminal indictment of former president and current presidential candidate Donald Trump is historic and unprecedented. It stands for the principle that, in the United States, no one is above the l
Noah Feldman: Do ‘Trump judges’ exist? We’re about to find out
Start circling the wagons. That s the message a federal district judge is sending to other Trump-appointed judges by allowing a special master to review the documents seized from a Mar-A-Lago safe. By
Three major takeaways from the FBI search on Trump’s home
Based on what we know, there are three major legal takeaways from the FBI s search of Donald Trump s Florida home on Monday.
Noah Feldman: Ending Roe is institutional suicide for Supreme Court
Modern constitutional law as we have known it ended Friday.
Noah Feldman: The Supreme Court has just eroded First Amendment law
In an extremely important church-and-state decision, the Supreme Court has held that if the state of Maine decides to pay for a child s private education in lieu of a public one, it must allow its tui
Noah Feldman: William Barr is handing Republicans a Trump exit strategy
William Barr s testimony before the Jan. 6 committee forms part of the former attorney general s strategy for saving his reputation in the history books. That s a heavy lift, given Barr s distinguishe
Noah Feldman: Threat to Kavanaugh will irrevocably change justices’ lives
The arrest of an armed man outside the home of Justice Brett Kavanaugh marks a significant milestone in the history of the U.S. Supreme Court.
Abortion case leak shows that the Supreme Court is broken
The leaked draft of a majority Supreme Court decision by Justice Samuel Alito overturning Roe v. Wade means several things.
Noah Feldman: Newsom is wrong to mimic Texas’ disrespect for the Constitution
If you can t beat em, join em. That s the spirit of the law proposed by California Gov. Gavin Newsom to empower private citizens to sue anyone who makes or sells assault rifles in the state.
Noah Feldman: The wild card that could put court packing back on the table
It should be no surprise to anyone that the Biden administration s commission on Supreme Court reform seems poised to offer recommendations that will not endorse packing the court. After all, the comm
Noah Feldman: What the Supreme Court might do about vaccine mandates
The first mandatory vaccination case to reach the Supreme Court comes from Indiana University, which is requiring students to get COVID shots before enrolling for the fall semester unless they have a
Noah Feldman: Trump’s doomed Twitter lawsuit raises one serious issue
Former President Donald Trump s lawsuits against Twitter, Google and Facebook for kicking him off their platforms are sure losers, legally speaking. The First Amendment protects people against state a
Noah Feldman: Gorsuch critique of landmark libel case should be taken seriously
In a sign of hard times for traditional free speech values, U.S. Supreme Court Justice Neil Gorsuch has added his voice to that of Justice Clarence Thomas in calling for a re-examination of the landma
Noah Feldman: Students can speak freely, thanks to cheerleader
In a landmark First Amendment opinion, the Supreme Court has limited schools ability to punish students for off-campus speech. In a case involving a cheerleader who was suspended from her team after
Noah Feldman: Supreme Court puts NCAA on notice for athletes’ salaries
In an important 9-0 opinion, the Supreme Court upheld a lower court decision saying that the NCAA is violating the antitrust laws by denying educational benefits to student-athletes. The court didn t
Noah Feldman: Supreme Court’s 9-0 ruling on gay foster parents divides justices
In a highly technical opinion, the Supreme Court held Thursday in Fulton v. Philadelphia that Catholic Social Services is exempt from municipal laws that would have required it to place foster childre
Noah Feldman: What does Brett Kavanaugh think of precedent? Here’s another clue
The Supreme Court faces three major issues in our current historical moment: precedent, precedent and precedent. The big question: Will the justices limit abortion rights by overturning the 50-year pr