The Volokh Conspiracy

Entries

• Thoughts on the Potential Broader Significance of the Supreme Court's Tariff Decision
  February 25, 2026

  Only time will tell how great the impact of the ruling will really be. But, at this point, it seems like a very signi...

• Today in Supreme Court History: February 25, 1841
  February 25, 2026

  2/25/1841: Justice Phillip Barbour dies. The post Today in Supreme Court History: February 25, 1841 appeared first on...

• Open Thread
  February 25, 2026

  What’s on your mind?

• New in City Journal: "Trump's Tariff Loss Is the Worst Judicial Defeat in Presidential History"
  February 24, 2026

  "From Jefferson to Lincoln, Nixon to Bush, no president’s agenda has been so thoroughly undercut by the Supreme Court."

• Final Version, "Data Scanning and the Fourth Amendment"
  February 24, 2026

  Especially relevant for United States v. Chatrie, the geofence warrant case.

• My New Boston Globe Article on Why "Trump's New Tariffs are Another Dangerous Presidential Power Grab"
  February 24, 2026

  The article explains why the new Section 122 tariffs are illegal, and courts should strike them down, when (as is lik...

• Does Section 230 Immunize Twitter's Knowing Possession of Child Sex Abuse Materials?
  February 24, 2026

  A recently filed cert petition presents this important issue to the U.S. Supreme Court.

• The Saving Construction in NFIB and the Anti-Saving Construction in Learning Resources
  February 24, 2026

  Six justices found that the best reading of statute supports the government, but only three applied the major questio...

• Don't Go to the State of the Union
  February 24, 2026

  Let the Wilsonian Nightmare End

• Court Requires That Vulgar Criticism of Mayor Be Obscured, but Eventually Changes Course
  February 24, 2026

  From a press release by Daniel A. Horwitz (Horwitz Law, PLLC), who prevailed in the case; I've worked with him… The p...

• Arrest of Commenter at City Council Meeting for Accusing Police of Being "Fascist" and "Pro Domestic Abuse" Violated First Amendment
  February 24, 2026

  An excerpt from yesterday's long decision by Chief Judge Stephanie Rose (S.D. Iowa) in Petersen v. City of Newton: Th...

• Today in Supreme Court History: February 24, 1930
  February 24, 2026

  2/24/1930: Chief Justice Charles Evans Hughes takes oath. The post Today in Supreme Court History: February 24, 1930 ...

• Open Thread
  February 24, 2026

  What’s on your mind?

• UC's National Center for Free Speech and Civic Engagement $15K Non-Residential Fellowships (Applications Due March 21)
  February 23, 2026

  From the webpage: Applications are due by Monday, March 30th at midnight. If you have questions, please feel free to…...

• My New Dispatch Article on the Tariff Decision, its Implications - and a Key Issue the Court Did Not Resolve
  February 23, 2026

  The Court stopped a massive presidential power grab, but did not resolve a crucial issue about judicial review of exe...

• How Should The Non-Delegation Doctrine and the Major Question Doctrine Apply to Foreign Affairs?
  February 23, 2026

  Justices Thomas and Kavanaugh raise important issues that Justice Gorsuch and Chief Justice Roberts do not fully addr...

• Climate Change Goes Back to the Supreme Court -- Colorado Edition
  February 23, 2026

  The Supreme Court granted certiorari in Suncor Energy v. County Commissioners of Boulder County

• The Roberts Court Rejects Trump's Tariffs
  February 23, 2026

  An initial take on Learning Resources v. Trump.

• Litigation Breeds Litigation + Follow-Up to Lawsuit Against Pro-Palestinian / Anti-Semitic Protesters Outside Synagogue
  February 23, 2026

  From Friday's decision by Judge Shalina Kumar (E.D. Mich.) in Susselman v. Attorney Grievance Comm'n (for more on the...

• Amazon Could Be Liable for Selling Product Used to Commit Suicide, Coupled with Promotion of a "Suicide Instruction Book"
  February 23, 2026

  From Thursday's Scott v. Amazon.com, Inc., decided by the Washington Supreme Court (opinion by Justice Helen Whitener...