The Fourth Amendment and vehicle searches dominated oral arguments at the Supreme Court today. First up was Byrd v. United States, in which the justices are considering whether the driver of a rental car who was not included as an authorized driver on the rental agreement, but had the renter’s permission to use the car,… Read More

In 2006, Congress – relying on its power under Article I of the Constitution to regulate the armed forces – created the United States Court of Military Commission Review. That court, known as the CMCR, hears appeals from military commissions, such as the one created at Guantanamo to try enemy combatants. Federal law outlines two… Read More

This morning the Supreme Court issued orders from last Friday’s conference. The justices did not add any new cases to their merits docket, but they did issue a summary ruling in the case of a Georgia death-row inmate and called for the views of the U.S. solicitor general in three cases. The summary decision came… Read More

Less than a year after it issued an order suspending immigration from seven predominantly Muslim countries, the Trump administration went to the Supreme Court tonight, asking the justices to uphold the third version of that order, often known as the “travel ban.” Unlike the earlier version of the order, the government explained, which was “premised… Read More

In November 2015, U.S. Navy veteran Larry Harmon went to the polls near his home in Ohio to vote. He learned, however, that he would not be able to do so because he had been removed from the state’s voter rolls. Harmon had lived in the same place for more than 16 years, but he… Read More

As a general rule, the Fourth Amendment requires police to have a warrant to conduct a search. But the courts have carved out a variety of exceptions to that general rule, including one known as the “automobile exception”: It allows police to search a vehicle without a warrant if the vehicle is “readily mobile” and… Read More

When you rent a car, there are often extra charges – as much as $13 per day – to have an additional authorized driver on your rental agreement. These fees can add up, but there could soon be another reason to pay them: Depending on how the Supreme Court rules in the upcoming case of… Read More

Chief Justice John Roberts released his year-end report on the federal judiciary tonight. In 2016, Roberts used the report to pay homage to what he regarded as the unsung hero of the federal judiciary: the federal district judge, whom he described as a “capable administrator” but also an “active and astute problem solver.” Roberts’ 2017… Read More

The Supreme Court today released the calendar for its February sitting, which starts on Tuesday, February 20 (because Monday, February 19, is a federal holiday) and ends on Wednesday, February 28. The justices will hear nine oral arguments over five days, with the highest-profile argument of the sitting coming on February 26 in Janus v…. Read More

Twelve days ago, the Supreme Court temporarily blocked a lower-court order that would require the federal government to turn over additional documents connected to the decision to terminate the Deferred Action for Childhood Arrivals policy, known as DACA – a Obama-administration program that allowed undocumented immigrants who came to the United States as children to… Read More