Legal

Table of Contents

As time allows:

Shadow Docket Inception

1. Roberts (2015-02-05): "five emergency applications seeking a stay of the EPA's ... also known as the "Clean Power Plan." "... by 2030 ..." "...Clean Power Plan will cause (and is causing) substantial and irreversible reordering of the domestic power sector before this court has an opportunity to review its legality." (presumption that court grant of permission must precede implementation...reversal of normal procedure.) "I also believe that there is a fair prospect for reversal." "The applicants also meet the third certeriion for a stay, irreparable harm." "...it is possible that this Court will not rule on the merits until OT2017." "... rule does not require emissions reductions until 2022...." "...reduce coal production for power sector use by 2.0 percent in 2016 and 2017, and by 4.3 percent in 2018."
2. Breyer (2015-02-05): Exception to normal process. Premature, requires determination without the DC Circuit Court's decision. Consequences are six years in the future "... I do not see how a few extra months will make a significant difference." The DC Circuit has agreed to act on an expedited basis.
3. Roberts (2015-02-06):
4. Kagan (2015-02-07):
5. Alito (2015-02-07):
6. Kennedy (2015-02-09):
7. ?? (2015-02-16): Despite court action, coal use fell by 7% in 2016, 2% in 2017, 4% in 2018 and 49% by 2024 https://www.statista.com/statistics/184333/coal-energy-consumption-in-the-us/

Supreme Court Case Briefs

1. 1st Amendment, Establishment Clause Arc of 1st Amendment Establishment Clause Jurisprudence
3. 1st Amendment, Establishment of Religion, Tax Exemption Catholic Charities v. Wisconsin (2025) written 2023-dd-mm (Need everything)
4. 1st Amendment, Establishment of Religion, Endorsement by Display Alone: Mara vs. Alamo Heights Independent School District (2026) written 2023-dd-mm (Need everything) en-banc sitting of the Fifth Circuit "A Texas law (S.B. 10) requires public schools to display a copy of the Ten Commandments in classrooms. We conclude the Texas law does not violate either the Establishment Clause or the Free Exercise Clause."
5. 1st Amendment, Establishment of Religion, Endorsement by Display Alone: Shurtleff v. City of Boston (2022) written 2023-dd-mm (Need everything) “Christian flag.” raising at Boston City Hall as one of many flown at distinct times.
6. 1st Amendment, Establishment of Religion, Endorsement by Display Alone: American Legion v. American Humanist Association (2019) written 2023-03-08 (Need concurrances and dissent) "abandoned Lemon and its endorsement test offshoot." regarding “longstanding monuments, symbols, and practices”.
7. 1st Amendment, Establishment of Religion, Endorsement by Display: McCreary County v. ACLU of Kentucky (2005) written 2023-mm-dd (Need everything) Ten Commandments in courthouses and public schools.
8. 1st Amendment, Establishment of Religion, Rejection by Display Among Others: McCreary County v. ACLU of Kentucky (2005) written yyyy-mm-dd (Need everything )
9. 1st Amendment, Establishment of Religion, Endorsement by Display Among Others: McCreary County v. ACLU of Kentucky (2005) written 202x-xx-xx (Need everything) The Establishment Clause does not permit state action that is openly and principally aimed at furthering the interests of religion.
10. 1st Amendment, Establishment of Religion, Endorsement by Display Among Others: Van Orden v. Perry (2005) written 2023-03-02 (Need some concurrances and Stevens dissent)
11. 1st Amendment, Establishment of Religion, Endorsement by Display Among Others: Allegheny County v. ACLU (1989) written 2023-mm-dd (Need everything)
12. 1st Amendment, Establishment of Religion, Endorsement by Display Beside Others: Lynch v. Donnelly (1984) written 2023-02-27 (Need concurrances and dissents) Accords with Lemon
13. 1st Amendment, Establishment of Religion, Endorsement by Display: Stone v. Graham (1980) written 2023-mm-dd (Need everything) posting of a copy of the Ten Commandments in each public school classroom
14. 1st Amendment, Establishment of Religion, Endorsement through Prayer: Kennedy v. Bremerton School District (2022) written 2023-07-25 Overruled Lemon v. Kurtzman ?
15. 1st Amendment, Establishment of Religion, Endorsement through Prayer: Town of Greece v. Galloway (2013) written 2023-mm-dd (Need everything)
16. 1st Amendment, Establishment of Religion, Endorsement through Prayer: Lee v. Weisman (1992) written 2023-mm-dd (Need everything)
17. 1st Amendment, Establishment of Religion, Endorsement through Prayer: Wallace v. Jaffree (1985) written 2023-mm-dd (Need everything) Alabama law authorized teachers to conduct regular religious prayer services and activities in school classrooms during the school day
18. 1st Amendment, Establishment of Religion, Endorsement through Prayer: Abington School District v. Schempp (1963) (Need everything) PA law requiring public school students to participate in classroom religious exercises
19. 1st Amendment, Establishment of Religion, Endorsement through Prayer: Engel v. Vitale (1962) written 2023-11-01 "neither the power nor the prestige of the Federal Government would be used to control, support or influence the kinds of prayer the American people can say"
20. 1st Amendment, Establishment of Religion, School Funding: St. Isidore of Seville Catholic Virtual School v. Drummond 2025) written 2023-xx-yy (Need everything) See Eric Segall article. Single sentence order affirms Oklahoma Supreme Court denying the school state funding. SCOTUSBlog article.
21. 1st Amendment, Establishment of Religion, School Funding: Carson v. Makin (2022) written 2023-xx-yy (Need everything) “pays tuition for certain students at private schools — so long as the schools are not religious.” That, he claimed, “is discrimination against religion.” Michael Dorf 2022-06-22 article.
22. 1st Amendment, Establishment of Religion, School Funding: Espinoza v. Montana Department of Revenue (2020) written 2023-xx-yy (Need everything) Use of scholarships funded by tex credit donation for regligious schooling.
23. 1st Amendment, Establishment of Religion, Funding: Trinity Lutheran Church of Columbia, Inc. v. Comer (2017) written 2023-??-?? (Need everything) churchs application for a grant to resurface its playground. SCOTUSBlog.
24. 1st Amendment, Establishment of Religion, School Funding: Zelman v. Simmons-Harris (2002) written 2023-xx-yy (Need everything) states could offer tuition vouchers that fund private religious education if they chose to do so (Cleveland, Ohio)
25. 1st Amendment, Establishment of Religion, School Funding: Mitchell v. Helms (2000) written 2023-02-xx (Need everything) "Whether government aid has the effect of advancing religion depends on whether the law results in governmental indoctrination, whether the law uses religion to define its recipients, and whether it results in excessive government entanglement in religion."
26. 1st Amendment, Establishment of Religion, School Funding: Wolman v. Walters (1977) written 2023-02-xx (Need everything) "provide nonpublic school pupils with books, standardized testing and scoring, diagnostic services, and therapeutic and remedial services are constitutional."
27. 1st Amendment, Establishment of Religion, School Funding: Meek v. Pittenger (1975) written 2023-02-xx (Need everything) "all but the textbook loan provisions of Act 195 violate the Establishment Clause of the First Amendment as made applicable to the States by the Fourteenth."
28. 1st Amendment, Establishment of Religion, Funding: Lemon Test: Lemon v. Kurtzman (1971) written 2023-02-27 (Need concurrances) Funding secular education in parochial schools. Established Lemon Test. Overruled by Kennedy v. Bremerton School Dist.?
29. 1st Amendment, Establishment of Religion, School Funding: Meek v. Pittenger (1975) written 2023-02-xx (Need everything)
30. 1st Amendment, Establishment of Religion, School Funding: Everson v. Board of Education (1947) written 2023-xx-yy (Need everything) Funding of buses for parochial schools
31. 1st Amendment, Establishment of Religion: McGowan v. Maryland (1961) written 2023-02-xx (Need everything) Blue Laws
32. 1st Amendment, Establishment of Religion: Zorach v. Clauson (1952) written 2023-02-xx (Need everything) excusing students to attend religious education outside of school
33. 1st Amendment, Establishment of Religion: McCollum v. Board of Education (1948) written 2023-02-xx (Need everything) public school facilities for religious education of students
34. 1st Amendment, Free Exercise Clause: Arc of 1st Amendment Free Exercise Clause
35. 1st Amendment, Free Exercise, Discrimination: Louis D. Brandeis Center, Inc. v. Regents of the Univ. of Cal. (202x) Northern District of California.
36. 1st Amendment, Free Exercise: Mahmoud v. Taylor (2025) (Need everything) Whether public schools burden parents’ religious exercise when they compel elementary school children to participate in instruction on gender and sexuality against their parents’ religious convictions and without notice or opportunity to opt out. article regarding Bruen-ize the First Amendment.
37. 1st Amendment, Free Exercise: Roman Catholic Diocese of Albany v. Harris(2025) (Need everything) (1) Whether a law is “neutral” and “generally applicable” under Employment Division v. Smith (1990) where it exempts certain religious organizations — but not others — based on narrow and subjective religious criteria unrelated to the law’s purpose, or instead such laws are subject to strict scrutiny; and (2) whether, if the First Amendment permits such discrimination among religious organizations under the rule announced in Smith, that decision should be overruled.
38. 1st Amendment, Freedom of Religion,: Kennedy, et. al. v. Braidwood Management Inc. et al.(2025) (Need everything) Follow on to Braidwood Management Inc. et al. v. Xavier Becerra et al. (2022)
39. 1st Amendment, Freedom of Religion,: Braidwood Management Inc. et al. v. Xavier Becerra et al. (2022) (Need everything) opinion United States District Court Northern District of Texas Fort Worth Division. See Kennedy v. Braidwood Management Inc., et. al.)
40. 1st Amendment, Free Exercise: Little Sisters of the Poor Saints Peter and Paul Home v. Pennsylvania(2020) (Need everything)
41. 1st Amendment, Free Exercise: John Does v. Mills, 595 U. S. ____ (2021) (Need everything) Application for injuctive relief from Maine vaccination law.
42. 1st Amendment, Free Exercise: Roman Catholic Diocese of Brooklyn v. Cuomo, (2020) (Need everything) article
43. 1st Amendment, Free Exercise Closely Held Corporations are Individuals per RFRA : Burwell v. Hobby Lobby Stores, Inc. (2014) written 2023-02-xx (Need summaries and dicta of Alito, Ginsburg
44. 1st Amendment, Free Exercise: City of Boerne v. Flores, 521 U.S. 507 (1997) Held: RFRA exceeds Congress' power.
45. 1st Amendment, Free Exercise" Specific Religious Practice Discrimination: Church of the Lukumi Babalu Aye v. City of Hialeah (1993) Animus invalidates statute. written 2023-02-24 (Need Souter concurrance)
46. 1st Amendment, Free Exercise" Paying Taxes: United States v. Lee(1982) (Need everything)
47. 1st Amendment, Free Exercise, Employment:
48. 1st Amendment, Free Exercise, Employment: Tingley v. Ferguson (2024)
49. 1st Amendment, Free Exercise, Employment: Groff v. DeJoy (2023) (Need summaries)
50. 1st Amendment, Free Exercise, Employment: Employment Division. v. Smith (1990) written 2023-02-26 "obligation to comply with a law that incidentally" [impacts a First Amendment right] compare Masterpiece Cakeshop
51. 1st Amendment, Free Exercise, Employment: United States v. Lee(1982) (Need everything)
52. 1st Amendment, Free Exercise, Employment: Trans World Airlines v. Hardison(1977) (Need everything)
53. 1st Amendment, Free Exercise, Employment: Sherbert v. Verner (1963) written 2023-02-xx (Need everything) could not receive unemployment benefits because her refusal to work on Saturday
54. 1st Amendment, Free Exercise, Compulsory Education: Wisconsin v. Yoder (1972) written 2023-02-23 (Begun. Douglas dissent done. All else needs work. )
55. 1st Amendment, Free Exercise, Polygamy: Reynolds v. United States (1878) (Need everything)
56. 1st Amendment, Freedom of Association Christian Legal Society v. Martinez (2010) (Need everything) "denied Registered Student Organization status to a Christian student group ("CLS") that excluded students based on religion and sexual orientation." Volokh article.
57. 1st Amendment, Freedom of Association Rumsfeld v. Forum for Academic and Institutional Rights, Inc. (2006) (Need everything)
58. 1st Amendment, Freedom of Association Hishon v. King & Spalding (1984) (Need everything)
59. 1st Amendment, Freedom of Association Roberts v. United States Jaycees (1984) (Need everything)
60. 1st Amendment, Freedom of Association Runyon v. McCrary (1976) (Need everything)
61. 1st Amendment, Freedom of Association Norwood v. Harrison (1974) (Need everything)
62. 1st Amendment, Freedom of Association Healy v. James (1972) (Need everything) "whether a college violated the plaintiffs' free association rights when it denied recognition of their student group."
63. 1st Amendment, Freedom of Association Am. Commc’ns Ass’n v. Douds (1950) (Need everything)
64. 1st Amendment, Freedom of Association R. Mail Ass’n v. Corsi (1945) (Need everything)
65. 1st Amendment, Freedom of the Press
66. 1st Amendment, Freedom of the Press Villarreal v. Alaniz (2026) journalist who was arrested on felony charges in 2017 for asking a Laredo police officer to confirm information about a fatal car accident and a public suicide. Sotomayor dissent from the denial of certiorari. Jacob Sollum article.
67. 1st Amendment, Freedom of the Press Associated Press v. Budowich (2025) DC District Court...can't exclude the AP for its viewpoint (Gulf of Mexico)
68. 1st Amendment, Freedom of the Press Gonzalez v. Trevino (2024) retaliatory arrest claim. compare Nieves v. Bartlett
69. 1st Amendment, Freedom of the Press Nieves v. Bartlett (2019) Does probable cause defeat a First Amendment retaliatory-arrest claim under 42 U.S.C. § 1983?
70. 1st Amendment, Freedom of the Press Gertz v. Robert Welch (1974)
71. 1st Amendment, Freedom of the Press NY Times v. Sullivan (1964)
72. 1st Amendment, Freedom of Speech: Arc of 1st Amendment Free Speech Clause
73. 1st Amendment, Freedom of Speech, Government Threats American Association of University Professors (AAUP) v. Rubio (2025) United States District Court of Massachusetts. "... whether noncitizens lawfully present here in United States actually have the same free speech rights as the rest of ua." Ilya Somin article.
74. 1st Amendment, Freedom of Speech, Hostile Environment, Title VI Gartenberg v. Cooper Union (2025) US District Court Southern District of New York. Eugene Volokh article.
75. 1st Amendment, Freedom of Speech, Discrimination Hurley v. Irish-American Gay, Lesbian and Bisexual Group of Boston, Inc. (1994) (Need everything) considered "curated compilation[s]" that make up "a single speech product," ?
76. 1st Amendment, Freedom of Speech, Meinecke v. City of Seattle (2024) written 2024-04-21. (Need summaries)
77. 1st Amendment, Freedom of Speech, True Threats: Counterman v. Colorado (2023) written 2023-07-13.
78. 1st Amendment, Freedom of Speech, : Berisha v. Lawson (2021) (Need everything) Certiorari denied ... Thomas and Gorsuch dissenting.
79. 1st Amendment, Freedom of Speech, : Nwanguma, Shah, Brousseau v. Trump (2018) (Need everything) Sixth Circuit. “get ’em out of here.” In response, members of the audience assaulted, pushed and shoved plaintiffs,....
80. 1st Amendment, Freedom of Speech, : Elonis v. United States (2015) (Need everything) [Leave determination to a jury?]
81. 1st Amendment, Freedom of Speech, : Reed v. Town of Gilbert (2015) (Need everything)
82. 1st Amendment, Freedom of Speech, : Lane v. Franks (2014) (Need everything) [Leave determination to a jury?]
83. 1st Amendment, Freedom of Speech, : Snyder v. Phelps (2011) (Need everything) ...the government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable.”
84. 1st Amendment, Freedom of Speech, : United States v. Alvarez (2011) (Need everything) [Falsity alone does not take speech outside the First Amendment.]
85. 1st Amendment, Freedom of Speech, : United States v. Stevens (2010) (Need everything) [Leave determination to a jury?]
86. 1st Amendment, Freedom of Speech, Terrorism: Holder v. Humanitarian Law Project (2010) (Need everything) regarding material support or resources for designated terror organizations.
87. 1st Amendment, Freedom of Speech, : Virginia v. Black (2003) (Need everything) [Compare with assault.]
88. 1st Amendment, Freedom of Speech, Deporation: Massieu v. Reno (1996) (Need everything) and article
89. 1st Amendment, Freedom of Speech, : R.A.V. v. City of St. Paul (1992) (Need everything) Scalia: rejected the St. Paul ordinance to apply only to those incidents of cross burning that amount to fighting words. So limited, that court said, the ordinance was valid. Michael Dorf article regarding flag-burnig Executive Order (2025)
90. 1st Amendment, Freedom of Speech, : PruneYard Shopping Center v. Robins (1992) (Need everything) Shopping center rule against "publicly expressive" activities.
91. 1st Amendment, Freedom of Speech, : Pope v. Illinois (1987) (Need everything)
92. 1st Amendment, Freedom of Speech, : Rankin v. McPherson (1987) (Need everything) a clerical employee in the Harris County, Texas constable's office fired for stating when alone with one other office worker, stated "if they go for him again, I hope they get him."
93. 1st Amendment, Freedom of Speech, : First National Bank v. Bellotti (1978) (Need everything) extended First Amendment protections to corporations.
94. 1st Amendment, Freedom of Speech, : Rogers v. United States (1975) (Need everything)
95. 1st Amendment, Freedom of Speech, : Miller v. California (1975) (Need everything)
96. 1st Amendment, Freedom of Speech, : Miami Herald Publishing Co. v. Tornillo (1974) (Need everything) Overturn Florida law requiring equal space to respond to editorials.
97. 1st Amendment, Freedom of Speech, : Watts v. United States (1969) (Need everything) Defines what takes a threat out of the realm of free-speech protection.
98. 1st Amendment, Freedom of Speech, Public Employee: Pickering v. Board of Education (1968) Speech critical of school board in a teacher letter to the editor is protected.
99. 1st Amendment, Freedom of Speech, US Mail Delivery : Lamont v. Postmaster General (1965) written 2023-0x-yy (Need everything) struck down a federal statute under which the Postal Service wouldn't deliver "communist political propaganda" "issued by or on behalf of" certain countries unless the recipient affirmatively informed the Postmaster General that he wanted to receive it. Such a law, the Court held, unconstitutionally interfered with "the addressee's First Amendment rights."
100. 1st Amendment, Freedom of Speech, : Lombard v. Louisiana (1963) written 2023-0x-yy (Need everything) The government cannot achieve the same result by an official command
101. 1st Amendment, Freedom of Speech, Deporation: Harisiades v. Shaugnessy (1951) (Need everything) under then-current precedent, membership in the Communist Party wasn't protected by the First Amendment at all, even for US citizens.
102. 1st Amendment, Freedom of Speech, : Dennis v. United States (1951) written 2023-0x-yy (Need everything) The government has a compelling interest in preventing its overthrow by force or violence ....
103. 1st Amendment, Freedom of Speech, Deporation: Bridges v. Wixon (1945) (Need everything) "Freedom of speech and of press is accorded aliens residing in this country,"
104. 1st Amendment, Freedom of Speech, : Near v. Minnisota (1931) written 2023-0x-yy (Need everything) End of prior restraint.
105. 1st Amendment, Freedom of Speech, : United States v. Schwimmer (1929) written 2023-0x-yy (Need everything) End of prior restraint.
106. 1st Amendment, Freedom of Speech, : Gitlow v. New York (1925) written 2023-0x-yy (Need everything)
107. 1st Amendment, Freedom of Speech, : Schaefer v. United States (1920) written 2023-0x-yy (Need everything)
108. 1st Amendment, Freedom of Speech, : Abrams v. United States (1919) written 2023-0x-yy (Need everything) Holmes breaks ranks with the Court.
109. 1st Amendment, Freedom of Speech, : Schneck v. United States (1919) written 2023-0x-yy (Need everything) beginning of the "clear and present danger" standard. Ended by Brandenburg v. Ohio (1969)
110. 1st Amendment, Freedom of Speech, : Frohwerk v. United States (1919) written 2023-0x-yy (Need everything)
111. 1st Amendment, Freedom of Speech, : Debs v. United States (1919) written 2023-0x-yy (Need everything)
112. 1st Amendment, Freedom of Speech, : Patterson v. Colorado (1907) written 2023-0x-yy (Need everything) Blackstonian view of Free Speech.
113. 1st Amendment, Freedom of Speech, : ex Parte Jackson (1877) written 2023-0x-yy (Need everything) constitutionality of the Comstock Law and the law banning lottery advertisements from the mail.
114. 1st Amendment, Freedom of Speech, Campaign Finance:
115. 1st Amendment, Freedom of Speech, Campaign Finance: National Republican Senatorial Committee v. Federal Election Commission (2026) (Need everything)
116. 1st Amendment, Freedom of Speech, Campaign Finance: Americans for Prosperity Foundation v. Bonta (2021) (Need everything)
117. 1st Amendment, Freedom of Speech, Campaign Finance: Williams-Yulee v. Florida Bar (2015) (Need everything)
118. 1st Amendment, Freedom of Speech, Campaign Finance: McCutcheon v. FEC (2014) (Need everything)
119. 1st Amendment, Freedom of Speech, Campaign Finance: Bluman v. FEC (2011) Foreign Campaign Spending. Summary affirmation by Supreme Court of DC Circuit Court.
120. 1st Amendment, Freedom of Speech, Campaign Finance: Citizens United v. FEC (2010) (Need everything) Allowed Dark Money and non-disclosed sources of funding.
121. 1st Amendment, Freedom of Speech, Campaign Finance: Davis v. FEC (2008) (Need everything)
122. 1st Amendment, Freedom of Speech, Campaign Finance: Wisconsin Right to Life, Inc. v. Federal Election Comm'n (2007) (Need everything)
123. 1st Amendment, Freedom of Speech, Campaign Finance: McConnell v. FEC (2003) (Need everything)
124. 1st Amendment, Freedom of Speech, Campaign Finance: FEC v. Beaumont (2003) (Need everything)
125. 1st Amendment, Freedom of Speech, Campaign Finance: Federal Election Commission v. Colorado Republican Federal Campaign Committee (2000) (Need everything)
126. 1st Amendment, Freedom of Speech, Campaign Finance: Nixon v. Shrink Missouri Government PAC (2000) (Need everything)
127. 1st Amendment, Freedom of Speech, Campaign Finance: Brown v. Socialist Workers '74 Campaign Committee (1982) (Need everything) highly controversial groups whose members, contributors, and associates might be significantly harmed if their support for such groups were publicly disclosed.
128. 1st Amendment, Freedom of Speech, Campaign Finance: Buckley v. Valeo (1976) (Need everything) striking down the expenditure limits of the 1974 Amendments to the Federal Election Campaign Act. Reason.com article on the 50 year anniversary. Rick Hasen's article noting Elon Musk's $291 million contributions in a single election cycle.
129. 1st Amendment, Freedom of Speech: Coerce someone to violate another's ... National Rifle Association of America v. Vullo (2024) written 2023-mm-dd (Need everything)
130. 1st Amendment, Freedom of Speech: Coerce someone to violate another's ... Bantam Books Inc. v. Sullivan (1963) written 2023-mm-dd (Need everything)
131. 1st Amendment, Freedom of Speech: Sweezy v. New Hampshire (1957) freedom "to determine for itself … who may teach, what may be taught, how it shall be taught, and who may be admitted to study"—that Justice Frankfurter, in concurring opinion
132. 1st Amendment, Freedom of Speech, Common Carrier:
133. 1st Amendment, Freedom of Speech, Common Carrier: Verizon v. FCC (2014) written 2023-xx-xx (Need everything)
134. 1st Amendment, Freedom of Speech, Common Carrier: McKay v. Public Utilities Commission (1939) written 2023-xx-xx (Need everything)
135. 1st Amendment, Freedom of Speech, Common Carrier: Nebbia v. New York (1934) written 2023-xx-xx (Need everything)
136. 1st Amendment, Freedom of Speech, Common Carrier: Budd v. New York (1892) written 2023-xx-xx (Need everything)
137. 1st Amendment, Freedom of Speech, Common Carrier: Munn v. Illinois (1887) written 2023-xx-xx (Need everything)
138. 1st Amendment, Compelled Speech,
139. 1st Amendment, Compelled Speech, License Plates: : Wooley v. Maynard (1977) written 2023-08-03 State mottos on license plates.
140. 1st Amendment, Compelled Speech Red Lion Broadcasting Co. v. FCC (1969) (Need everything)
141. 1st Amendment, Compelled Speech West Virginia Bd. of Ed. v. Barnette (1943) (Need everything) Reversing Minersville School District v. Gobitis.
142. 1st Amendment, Compelled Speech Minersville School District v. Gobitis (1940) (Need everything) Authorizing a Pledge of Alligiance requirement of schoolchildren.
143. 1st Amendment, Compelled Speech Brown v. Walker (1896) (Need everything)
144. 1st Amendment, Freedom of Association Boy Scouts of America v. Dale (2000) (Need everything) “expressive association” ??
145. 1st Amendment, Freedom of Speech, Expressive Conduct
146. Ian Millhiser article on freedom of speech as redefined in the 1960's and opposition there to by Thomas, Alito, and Gorsuch.
147. 1st Amendment, Freedom of Speech, Expressive Conduct, Website Design: 303 Creative v. Elenis (2023) written 2023-07-04 “pure speech” and wedding websites “will be expressive in nature"
148. 1st Amendment, Freedom of Speech, Expressive Conduct, Flower Arrangement: Arlene’s Flowers Inc. v. Washington (2020) (Need everything)
149. 1st Amendment, Freedom of Speech, Expressive Conduct, Cake Design: Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, 584 U.S. ___ (2018) Animus (written 2023-07-06) Animus hostility to religious expression.
150. 1st Amendment, Freedom of Speech, Expressive Conduct, Nude Dancing: Barnes v. Glen Theatre, Inc. (1991) written 2023-08-10
151. 1st Amendment, Freedom of Speech, Expressive Conduct, Flag Burning: United States v. Eichman (1990) written 2023-08-13 Striking down Flag Protection Act of 1989
152. 1st Amendment, Freedom of Speech, Expressive Conduct, Flag Burning: Texas v. Johnson (1989) written 2023-08-04
153. 1st Amendment, Freedom of Speech, Expressive Conduct, Picketing: Boos v. Barry (1988) written 2023-08-04 Picketing within 500' of an embassy or like facility.
154. 1st Amendment, Freedom of Speech, Expressive Conduct: City of Renton v. Playtime Theatres, Inc. (1986) written 2023-08-09
155. 1st Amendment, Freedom of Speech, Expressive Conduct, Affixing Symbol to National Flag: Spence v. Washington (1974) written 2023-08-07
156. 1st Amendment, Freedom of Speech, Expressive Conduct, Patch on Jeans: Smith v. Guguen (1974) written 2023-xx-xx (Need everything)
157. 1st Amendment, Freedom of Speech, Expressive Conduct, Flag Burning: Street v. New York (1969) written 2023-xx-xx (Need everything)
158. 1st Amendment, Freedom of Speech, Expressive Conduct, Burning Draft Card: United States v. O'Brien (1968) written 2023-07-14
159. 1st Amendment, Freedom of Speech, Expressive Conduct, Waving a Red Flag: Stromberg v. California, 283 U. S. 359 (1931) written 2023-07-16
160. 1st Amendment, Freedom of Speech, Fighting Words:
161. >1st Amendment, Freedom of Speech, Fighting Words: R.A.V. v. City of St. Paul (1992) The First Amendment does not permit a state to use content discrimination to achieve a compelling interest if it is not necessary to achieve that interest.
162. >1st Amendment, Freedom of Speech, Fighting Words: Chaplinsky v. New Hampshire (1942) written 2023-02-07
163. 1st Amendment, Freedom of Speech, Forum, Time, Place, Manner:
164. 1st Amendment, Freedom of Speech, Forum, Time, Place, Manner: O’Connor-Ratcliff v. Garnier (2023/4) written xxxx-yy-zz Need everything)
165. 1st Amendment, Freedom of Speech, Forum, Time, Place, Manner: Reed v. Town of Gilbert (2015) written xxxx-yy-zz Need everything)
166. 1st Amendment, Freedom of Speech, Forum, Time, Place, Manner: McCullen v. Coakley (2015) written xxxx-yy-zz Need everything) striking down a 35-foot buffer zone at abortion clinics.
167. 1st Amendment, Freedom of Speech, Forum, Time, Place, Manner: Hill v. Colorado (2000) written 2023-02-05 upholding a 100-foot buffer zone at abortion clinics.
168. 1st Amendment, Freedom of Speech, Forum, Time, Place, Manner: Bray v. Alexandria Women's Health Clinic (1993) (Need everything) Relation to Hill v. Colorado ??
169. 1st Amendment, Freedom of Speech, Forum, Time, Place, Manner: United States v. Kokinda (1990) written 2023-02-06
170. 1st Amendment, Freedom of Speech, Forum, Time, Place, Manner: Ward v. Rock Against Racism (1989) (Need everything)
171. 1st Amendment, Freedom of Speech, Forum, Time, Place, Manner: Clark v. Community for Creative Non-Violence (1984) (Need everything)
172. 1st Amendment, Freedom of Speech, Forum, Time, Place, Manner: Pacific Electric Co. v. Public Utilities Comm'n (1986) (Need everything)
173. 1st Amendment, Freedom of Speech, Forum, Time, Place, Manner: United States v. Grace (1983) (Need everything)
174. 1st Amendment, Freedom of Speech, Forum, Time, Place, Manner: Heffron v. Krisha Consciousness (1981) written 2023-02-05
175. 1st Amendment, Freedom of Speech, Forum, Time, Place, Manner: Cohen v. California (1971) written 2023-xx-xx (Need everything)
176. 1st Amendment, Freedom of Speech, Incitement:
177. 1st Amendment, Freedom of Speech, Incitement: belongs here? United States v. Hansen (2023) (Need everything) See Hasen's 2023-08-03 article and Illusion of Coherence.
178. 1st Amendment, Freedom of Speech, Incitement: NAACP v. Claiborne Hardware Co. (1983) (Need everything)
179. 1st Amendment, Freedom of Speech, Incitement: Hess v. Indiana (1973) (Need everything)
180. 1st Amendment, Freedom of Speech, Incitement: Brandenburg v. Ohio (1969) (Need everything) A state may not forbid speech advocating the use of force or unlawful conduct unless this advocacy is directed to inciting or producing imminent lawless action .... end of the "clear and present danger" standard from Schneck v. United States (1919)
181. 1st Amendment, Freedom of Speech, Incitement: Feiner v. New York (1951) (Need everything)
182. 1st Amendment, Freedom of Speech, Incitement: Terminiello v. Chicago (1949) written 2023-08-15
183. 1st Amendment, Freedom of Speech, Incitement: Schenck v. United States (1919) written 2023-08-14 Clear and Present Danger Abridges First Amendment.
184. 1st Amendment, Freedom of Speech, Internet:
185. 1st Amendment, Freedom of Speech, : Lindke v. Freed (2024) (Need everything) A public official who prevents someone from commenting on the official’s social-media page engages in state action under §1983 only if ... (two conditions)
186. 1st Amendment, Freedom of Speech, Internet: Moody v. NetChoice (11th Circuit) (2024) (Need everything) See article continuation of Hurley v. Irish-American Gay, Lesbian and Bisexual Group of Boston, Inc. "curated compilation[s]" that make up "a single speech product," ? See Douek & Lakier and Volokh.
187. 1st Amendment, Freedom of Speech, Internet: NetChoice v. Paxton (5th Circuit) (2024) (Need everything) See article. Seeks to impose common-carrier regulation on social media platforms.
188. 1st Amendment, Freedom of Speech, Internet: Free Speech Coalition, Inc. v. Paxton (2025) (Need everything) Whether the court of appeals erred as a matter of law in applying rational-basis review, instead of strict scrutiny, to a law burdening adults’ access to protected speech.
189. 1st Amendment, Freedom of Speech, Internet: Gonzalez v. Google LLC (2023) (Need everything)
190. 1st Amendment, Freedom of Speech, Internet: Gonzalez v. Google LLC (2023) (Need everything)
191. 1st Amendment, Freedom of Speech, Internet: Twitter, Inc. v. Taamneh et al. (2023) (Need everything) Jane Bambauer article
192. 1st Amendment, Freedom of Speech, Internet: Reno v. American Civil Liberties Union (1997) (Need everything)
193. 1st Amendment, Freedom of Speech, Obscenity: Arc of 1st Amendment Free Speech Clause
194. 1st Amendment, Freedom of Speech, Obscenity: Free Speech Coalition, Inc. v. Paxton (2025) (Need everything) challenge to a Texas law that requires pornography sites to verify the age of their users before providing access. what standard of review – rational basis or strict scrutiny – the court of appeals should have used to determine whether the law violates the First Amendment. See SCOTUSBlog post 2025-01-13
195. 1st Amendment, Freedom of Speech, Obscenity: Ashcroft v. ACLU (2004) (Need everything) Child Online Protection Act (COPA) of 1998, that the Supreme Court deemed likely unconstitutional
196. 1st Amendment, Freedom of Speech, Obscenity: Reno v. ACLU (1997) (Need everything) The CDA's "indecent transmission" and "patently offensive display" provisions abridge "the freedom of speech" protected by the First Amendment.
197. 1st Amendment, Freedom of Speech, Obscenity: Miller v. California (1973) (Need everything) three part Miller test: prurient by community standards; patently offensive sexual conduct; lacks serious literary, artistic, political or scientific value.
198. 1st Amendment, Freedom of Speech, Obscenity: Ginsberg v. New York (1968) (Need everything) a state may restrict young people’s access to sexual materials that are harmful to them. In that case, the court applied rational-basis review
199. 1st Amendment, Freedom of Speech, Obscenity: (2xxx) (Need everything)
200. 1st Amendment, Freedom of Speech, Students: Arc of 1st Amendment Free Speech Clause
201. 1st Amendment, Freedom of Speech, Students, Limits on Restrictions: Mahanoy Area School District v B.L. (2021) written 2023-02-12
202. 1st Amendment, Freedom of Speech, Students, Illegal Drugs: Morse v. Frederick (2007) written 2023-02-09 (Need: Breyer, and Thomas responds to Tinker)
203. 1st Amendment, Freedom of Speech, Students: Hazelwood School Dist. v. Kuhlmeier (1988) written 2023-xx-xx (Need everything)
204. 1st Amendment, Freedom of Speech, Students: Bethel School Dist. No. 403 v. Fraser (1986) written 2023-xx-xx (Need everything)
205. 1st Amendment, Freedom of Speech, Students, Substantial Disruption: Tinker v. Des Moines Independent Community School District (1969) written 2023-02-07
206. 1st Amendment, Freedom of Speech, Tax Exemption: Eugene Volokh speaking before a House subcommittee.
207. 1st Amendment, Freedom of Speech, Tax Exemption: Christian Legal Society v. Martinez (2010) written 2023-xx-xx (Need everything) held that public universities could deny generally available benefits to student groups based on those groups' exclusionary membership policies.
208. 1st Amendment, Freedom of Speech, Tax Exemption: Rosenberger v. Rector (1995) written 2023-xx-xx (Need everything) must abide by "the requirement of viewpoint neutrality in the Government's provision of financial benefits."
209. 1st Amendment, Freedom of Speech, Tax Exemption: Bob Jones University v. United States (1983) written 2023-xx-xx (Need everything) upheld the denial of a tax exemption to a university that banned interracial dating by its students, and that threatened to expel students who violated the ban.
210. 1st Amendment, Freedom of Speech, Tax Exemption: Regan v. Taxation with Representation of Washington (1983) written 2023-xx-xx (Need everything)
211. 1st Amendment, Freedom of Speech, Tax Exemption: Speiser v. Randall (1958) written 2023-xx-xx (Need everything) struck down a denial of a property tax exemption to people and organizations that "advocate[] the overthrow of the Government of the United States … by … violence … or who advocate[] the support of a foreign government against the United States in the event of hostilities"
212. 1st Amendment, Freedom of Speech, Whistle Blowers: Garcetti v. Ceballos (2006) (Need Souter dissent only)
213. 2nd Amendment Arc of 2nd Amendment Jurisprudence
215. 2nd Amendment: Tax Basis for Regulation National Firearms Act (NFA) in 1934, Federal Firearms Act of 1938, the Gun Control Act of 1968, and the Controlled Substances Act of 1970. Jacob Sullum article referencing Nigro v. United States 1928, Sonzinsky v. United States 1937, Haynes v. United States 1968, United States v. Lopez 1995. A. Christopher Bryant Nevada Law Journal article
217. 2nd Amendment, Carry onto Private Property Wolford v. Lopez (2026) written 2023-xx-xx (Need everything) whether Hawaii may presumptively prohibit the carry of handguns by licensed concealed carry permit holders on private property open to the public unless the property owner affirmatively gives express permission to the handgun carrier?
218. 2nd Amendment, Assault Weapons National Association for Gun Rights v. Lamont (2025) 2nd Circuit affirms district court denial of the preliminary injunctions regarding possession of AR-15's and large capacity magazines. Stephen Halbrook article at Reason.com.
219. 2nd Amendment, NRA v. Pam Bondi (2025) 11th Circuit upheld Florida’s law prohibiting 18- to 20-year-olds from buying guns. Mark Joseph Stern article.
220. 2nd Amendment, Reese v. BATFE (2025) 5th Circuit strikes down federal law (18 U.S.C. § 922(b)(1) prohibting sale of handguns to persons under 21 years of age.
221. 2nd Amendment, Snope v. Brown (2025) Whether the Constitution permits the state of Maryland to ban semiautomatic rifles ... 4th Circuit Court opinion" Certiorari denied 2025-06-02.
222. 2nd Amendment, Maryland Shall Issue v. Moore (2025) Whether Maryland’s license requirement is unconstitutional -- Certiorari denied SCOTUSBlog.
223. 2nd Amendment, Hawaii v. Wilson (2024) Hawaii rejects Need entry for NYSRA-Bruen . Supreme Court denies certiorari 2024-12-10.
224. 2nd Amendment, Definition of Machinegun: Garland v. Cargill (2024) written 2024-06-14 -- Bump Stocks as not machine guns.
225. 2nd Amendment, Disarming Citizen: United States v. Daniels (2025) Fifth Circuit. written 2023-xx-xx (Need everything) even if the government had persuaded the jury that Daniels was frequently intoxicated, here, as in Connelly, the government offers no Founding-era law or practice of disarming ordinary citizens "even if their intoxication was routine." Because of this instructional error, § 922(g)(3) must thus again be held unconstitutional as applied to Daniels….
226. 2nd Amendment, Disarming Citizen: United States v. Connelly (2024) Fifth Circuit. written 2023-xx-xx (Need everything) the government could not constitutionally apply § 922(g)(3) to a defendant based solely on her "habitual or occasional drug use."
227. 2nd Amendment, Silencers, Short Barrel Shotguns: United States v. Saleem (2024) 4th Circuit. Silencers are not "bearable arms." Hello Bump Stocks ... see Garland v. Cargill (2024)
228. 2nd Amendment, Disarming Citizen: United States v. Rahimi, (2024) written 2024-06-21 Domestic Violence Restraining Orders 922(g)(8)(c)(i)
229. 2nd Amendment, High Capacity Magazines: Hanson v. District of Columbia (2024) Upholding DC restriction on magazine capacity (DC Circuit 2024-10-29)
230. 2nd Amendment, Ghost Guns: Bondi v. VanDerStock (2025) written 2023-xx-xx (Need everything)
231. 2nd Amendment, High Capacity Magazines: Bevis v. Napierville, Ill (2023) Upholding restriction on magazine capacity (Seventh Circuit 2023-11-03)
232. 2nd Amendment: National Association for Gun Rights v. City of Naperville, (2023) written 2023-xx-xx (Need everything)
233. 2nd Amendment "May-Issue" Regime Unconstitutional: New York State Rifle & Pistol Association, Inc. v. Bruen, (2022) written 2023-02-21 (Need Breyer's dissent) Silently overturned by United States v. Rahimi, (2024) .
234. 2nd Amendment, Aliens Rehaif v. United States (2019) written 2023-xx-xx (Need everything) 8 U. S. C. §922(g)(5)(B) except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa
235. 2nd Amendment: Caetano v. Massachusetts, (2016) written 2023-xx-xx (Need everything) although stun guns are unusual in nature and were not common during the enactment of the Second Amendment, they are included in the Second Amendment’s protections.
236. 2nd Amendment: McDonald v. City of Chicago,(2010) written 2023-xx-xx (Need everything)
237. 2nd Amendment, Individualized Right: District of Columbia v. Heller (2008) written 2023-02-21 (Need Breyer's dissent.)
238. 2nd Amendment: Muscarello v. United States, (1998) written 2023-xx-xx (Need everything)
239. 2nd Amendment: ,United States v. Lopez (1990) written 2023-xx-xx (Need everything) Gun-free school zones...federal government cannot base a law prohibiting gun possession near schools on the Commerce Clause.
240. 2nd Amendment: United States v. Miller, (1939) written 2023-xx-xx (Need everything)
241. 2nd Amendment, State May Ban Private Militia: Presser v. Illinois, (1886) written 2023-xx-xx (Need everything)
242. 2nd Amendment: United States v. Cruikshank, (1876) written 2023-xx-xx (Need everything)
243. 4th Amendment Arc of 4th Amendment Jurisprudence
244. 4th Amendment, Warrantless Entry, Emergency: Case v. Montana (2026) written 2023-xx-xx (Need everything) Whether law enforcement may enter a home without a search warrant based on less than probable cause that an emergency is occurring, or whether the emergency-aid exception requires probable cause. Damon Root article. Police waited forty minutes after arriving at the residence before entering to determine if someone inside needs emergency assistance.
245. 4th Amendment, Warrantless Entry, Emergency: Brigham City v. Stuart (2005) written 2023-xx-xx (Need everything) "police may enter a home without a warrant when they have an objectively reasonable basis for believing that an occupant is seriously injured or imminently threatened with such injury."
246. 4th Amendment, Noem v. Vasquez Perdomo (2025) Shadow Docket Application of Stay recognizing ethnic profiling (location, occupation, fluency, appearance/complexion) as reasonable suspicion of illegal presence in the US (See Brignoni-Ponce, 422 U. S., at 880–882; Arvizu, 534 U. S., at 273; United States v. Sokolow, 490 U. S. 1, 7 (1989)). "To be clear, apparent ethnicity alone cannot furnish reasonable suspicion, ...." only other factor mentioned is "high number and percentage of illegal immigrants in the Los Angeles area". John Blackman article. Damon Root article. Michael Dorf Barnes v. Felix (2025) Cop jumps onto moving vehicle then kills driver claiming that he "reasonably believed his life in danger". The justices unanimously rejected the test applied by the U.S. Court of Appeals for the 5th Circuit, which focused on "the moment of the threat" to the officer without considering how he ended up in that situation.
247. 4th Amendment, Excessive Force: Graham v. Connor (1989) judges should consider "the totality of the circumstances," paying "careful attention to the facts and circumstances of each particular case." The Court said relevant factors include "the severity of the crime at issue, whether the suspect poses an immediate threat to the safety of the officers or others, and whether he is actively resisting arrest or attempting to evade arrest by flight."
248. 4th Amendment, Excessive Force: Tennessee v. Garner (1985) use of deadly force against an individual fleeing is unconstitutional "unless it is necessary to prevent the escape and the officer has probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the officer or others."
249. 4th Amendment, digital data and third-party doctrine: Harper v. O'Donnell (2025) written 2023-xx-xx (Need everything) In 2016, the IRS ordered the cryptocurrency exchange Coinbase to hand over transaction records of over 14,000 customers.
250. 4th Amendment, Geofenced Data: Chatrie v. United States (2026) 4th Circuit Court (Need everything) Damon Root backgrounder (2026-04-09) and post oral argument review 2026-04-28. Amy Howe post oral argument review
251. 4th Amendment, Geofenced Data: United States v. Chatrie (2024) 4th Circuit Court (Need everything)
252. 4th Amendment, Mosaic Theory: Carpenter v. United States (2018) (Need everything) warrantless government tracking of cellphone users via their cellphone location records violated the constitutional right to be free from unreasonable search and seizure. See also Katz v. United States (1967)
253. 4th Amendment, Suspicion: See Terry v. Ohio (1968), Illinois v. Wardlow (2000), Barnes v. Felix (2024), United States v. Brignoni-Ponce (1975) Rory Little SCOTUSBlog article. Josh Blackman Utah v. Strieff (2016) (Need everything)
254. 4th Amendment, : Riley v. California, 573 U.S. 373 (2014) (Need everything)
255. 4th Amendment, DNA Testing Compelled: Maryland v. King, (2013) (Need everything)
256. 4th Amendment, Drug Dog Sent to Home: Florida v. Harris (2013) written 2023-0x-yy (Need everything)
257. 4th Amendment, Drug Dog Sent to Home: Florida v. Jardines (2013) written 2023-0x-yy (Need everything)
258. 4th Amendment, Blood Test: Missouri v. Tyler G. McNeely (2013) (Need everything)
259. 4th Amendment, GPS Tracker: United States v. Jones (2012) written 2023-03-12 (Need concurrances)
260. 4th Amendment, Exclusionary Rule Exception: Herring v. United States (2009) written 2023-03-12 (Need everything)
261. 4th Amendment, Search of Joint Property: Georgia v. Randolph (2006) written 2023-03-12 (Need everything)
262. 4th Amendment, Drug Detection Dog: Illinois v. Caballes (2005) written 2023-03-12 (Need everything)
263. 4th Amendment, Infra-red Camera: Kyllo v. United States (2001) written 2023-0x-yy (Need everything)
264. 4th Amendment, Pre-textual Stops: Whren v. United States (1996) written 2023-0x-yy (Need everything) The temporary detention of a motorist upon probable cause to believe that he has violated the traffic laws does not violate the Fourth Amendment's prohibition against unreasonable seizures, even if a reasonable officer would not have stopped the motorist absent some additional law enforcement objective. Subjective intentions play no role in ordinary, probable-cause Fourth Amendment analysis. Pp. 809-813.
265. 4th Amendment, Refuse for Pickup: California v. Greenwood (1988) written 2023-0x-yy (Need everything)
266. 4th Amendment, Curtilage: United States v. Dunn (1987) written 2023-??-?? (Need everything)
267. 4th Amendment, Aerial Observation: California v. Ciraolo (1986) written 2023-03-12
268. 4th Amendment, Open Fields: Oliver v. United States (1984) written 2023-??-?? (Need everything) "It is clear, that the term 'open fields' may include any unoccupied or undeveloped area outside of the curtilage. An open field need be neither 'open' nor a 'field' as those terms are used in common speech."
269. 4th Amendment, Open Fields: Hester v. United States (1919) written 2023-??-?? (Need everything) "the special protection accorded by the Fourth Amendment to the people in their 'persons, houses, papers, and effects,' is not extended to the open fields."
270. 4th Amendment, Basis for Traffic Stops: Delaware v. Prouse (1979) written 2023-??-?? (Need everything)
271. 4th Amendment, Exclusionary Rules not applying to agency regulations: United States v. Caceres (1979) written 2023-??-?? (Need everything)
272. 4th Amendment, Third Party Data: United States v. Miller (1976) written 2023-??-?? (Need everything) Respondent possessed no Fourth Amendment interest in the bank records that could be vindicated by a challenge to the subpoenas
273. 4th Amendment, Wiretapping, Katz Test: Katz v. United States (1967) written 2023-03-12 (Need concurrances and dissent) "the government would not and could not create a retrospective catalogue of every person's movements across hundreds of strategically chosen locations in a city."
274. 4th Amendment, Blood Test: Schmerber v. California (1966) (Need everything)
275. 4th Amendment, : Mapp v. Ohio (1961) written 2023-0x-yy (Need everything) Right to Privacy. Overrules Wolf v. Colorado.
276. 4th Amendment, Hearsay warrants: Jones v. United States (1960) written 2023-0x-yy (Need everything) reliance upon hearsay for warrants, search, seizure, and arrest in place of affiant's firsthand knowledge of the relevant facts. Jacob Sullum Wolf v. Colorado (1949) written 2023-0x-yy (Need everything) Overruled by Mapp v. Ohio.
277. 4th Amendment, Wiretapping: Oldstead v. United States (1928) written 2023-0x-yy (Need everything) Overruled by Mapp v. Ohio.
278. 4th Amendment, : Boyd v. United States (1886) written 2023-0x-yy (Need everything)
279. 4th Amendment, False Imprisionment Sosa v. Martin County, Florida (2024?) written 2023-0x-yy (Need everything)
280. 4th Amendment, False Imprisionment Baker v. McCollan (1979) written 2023-0x-yy (Need everything)
281. 5th Amendment, Personal Jurisdictiont: Waldman v. Palestine Liberation Organization (2026) (Need everything) consequent to Fuld v. Palestine Liberation Organization " ... the plaintiffs’ motion to recall the November 28, 2016 mandate is GRANTED. The district court’s October 1, 2015 judgment is AFFIRMED." and "On October 1, 2015, the district court (Daniels, J.) entered judgment for the plaintiffs in the total amount of $655.5 million."
282. 5th Amendment, Personal Jurisdictiont: Fuld v. Palestine Liberation Organization (2025) (Need everything) "... whether the exercise of personal jurisdiction over respondents under the Promoting Security and Justice for Victims of Terrorism Act (PSJVTA) violates the Due Process Clause of the Fifth Amendment." Held: "The PSJVTA’s personal jurisdiction provision does not violate the Fifth Amendment’s Due Process Clause because the statute reasonably ties the assertion of jurisdiction over the PLO and PA to conduct involving the United States and implicating sensitive foreign policy matters within the prerogative of the political branches."
283. 5th Amendment, Grand Jury Indictment: Gaither v. United States (1969) (Need everything) grand jurors must see the full text of the indictment. May affect United States v. Comey per this Reason article
284. 5th Amendment, Self-Incrimination: Salinas v. Texas (2013) (Need everything)
285. 5th Amendment, Self-Incrimination: Griffin v. California (1965) (Need everything)
286. 5th Amendment, Double Jeopardy:
287. Double Jeopardy: McElrath v. Georgia (2024) Certiorari DENIED. Georgia Supreme Court reversed and remanded. written 2023-0x-yy (Need everything)
288. Double Jeopardy: United States v. Dixon (1993)
289. Double Jeopardy: Blockburger v. United States (1932)
290. Double Jeopardy: Palko v. Connecticut (1937) written 2023-0x-yy
291. 6th Amendment: Confrontation Clause
292. 6th Amendment: Confrontation Clause Smith v. Arizona (2024)
293. 6th Amendment: Confrontation Clause Samia v. United States (2023) (Need everything including an amici brief.)
294. 6th Amendment: Confrontation Clause Melendez–Diaz v. Massachusetts (2009) (Need everything)
295. 6th Amendment: Confrontation Clause Crawford v. Washington (2004) (Need everything) narrowed the use of hearsay testimony in criminal trials.
296. 6th Amendment: Confrontation Clause Gray v. Maryland (1998) (Need everything)
297. 6th Amendment: Confrontation Clause Richardson v. Marsh (1987) (Need everything)
298. 6th Amendment: Confrontation Clause Ohio v. Roberts (1980) (Need everything)
299. 6th Amendment: Confrontation Clause Bruton v. United States (1968) (Need everything)
300. 6th Amendment: Garza v. Idaho (2019) (Need everything)
301. 6th Amendment, Ineffective Counsel: Thornell v. Jones (2024) (Need everything)
302. 6th Amendment, Ineffective Counsel: Shinn v. Ramirez (2022) (Need everything)
303. 6th Amendment, Ineffective Counsel: Trevino v. Thaler (2013) (Need everything)
304. 6th Amendment, Ineffective Counsel: Martinez v. Ryan (2012) (Need everything)
305. 6th Amendment, Ineffective Counsel: Strickland v. Washington (1984) (Need everything)
306. 6th Amendment, Jury Trials: Article reviewing decisions and Gorsuch's role.
307. 6th Amendment, Prior Acquittal Sentencing Dayonta McClinton v. United States (2023)
308. 6th Amendment, Prior Acquittal Sentencing United States v. Booker (2005) (Need everything)
309. 6th Amendment, Prior Acquittal Sentencing Alabama v. Shelton (2002) (Need everything)
310. 6th Amendment, Prior Acquittal Sentencing Jones v. United States (1999) (Need everything)
311. 6th Amendment, Prior Acquittal Sentencing United States v. Watts (1997) (Need everything)
312. 6th Amendment, Speedy Trial Barker v. Wingo () (Need everything)
313. 6th Amendment, Right to Counsel:Gideon v. Wainwright (1963) (Need everything)
314. 6th Amendment, Unanimous Jury: Ramos v. Louisiana (2020) (Need everything) Kavanaugh Concurrance contains explanation of stare decisis
315. 6th Amendment, Venue: Smith v. United States (2023) (Need everything)
316. 7th Amendment Pizza Hut, Inc. v. Pandya (2023) Fifth Circuit refuses to apply 2nd Amendment "history and tradition" to requirements for jury trials.
317. 8th Amendment Arc of 8th Amendment Jurisprudence
318. 8th Amendment: Johnson v. Prentice (2024) (Need everything)
319. 8th Amendment: Hope v. Harris (2021) 5th Circuit (Need everything)
320. 8th Amendment: Ewing v. California (2003) (Need everything)
321. 8th Amendment: Lockyer v. Andrade (2003) (Need everything)
322. 13th Amendment, Involuntary Servitude: Bailey v. Alabama, (1911) written 2023-xx-yy (Need everything)
323. 14th Amendment, Birthright Citizenship Trump v. Barbara (2026) written 2023-xx-yy (Need everything) Damon Root impressions of the oral arguments.
324. 14th Amendment, Birthright Citizenship Doe v. Trump (2026) written 2023-xx-yy (Need everything) First Circuit nationwide injuction despite Trump v. CASA, Inc.. Ilya Somin article
325. 14th Amendment, Birthright Citizenship Washington v. Trump (2025) written 2023-xx-yy (Need everything) Ninth Circuit nationwide injuction despite Trump v. CASA, Inc.. Ilya Somin article "the Ninth Circuit ruled that a nationwide injunction is the only way to provide complete relief to the plaintiff state governments". SCOTUSBLog article.
326. 14th Amendment, Birthright Citizenship Trump v. CASA, Inc., Trump v. Washington, Trump v. New Jersey (2025) written 2023-xx-yy (Need everything) Ilya Somin article.
327. 14th Amendment, Birthright Citizenship: State of Washington v. Trump Western District of Washington, Executive Order Denying: TBA (2025) written 2023-xx-yy (Need everything) Ilya Somin article 2024-11-25, Michael Ramsey Originalism and Birthright Citizenship 2020. Jacob Sullum article.
328. 14th Amendment, Birthright Citizenship INS v. Rios-Pineda (1985) written 2023-xx-yy (Need everything)
329. 14th Amendment, Birthright Citizenship Plyler v. Doe (1982) written 2023-xx-yy (Need everything) a child "born in the United States" as "a citizen of this country," even though the child's parents had entered the country illegally.
330. 14th Amendment, Birthright Citizenship INS v. Errico (1966) written 2023-xx-yy (Need everything) ... two children born to parents who had entered the country under false pretenses (and therefore were "unlawfully present in the United States") nevertheless "acquired United States citizenship at birth."
331. 14th Amendment, Birthright Citizenship Hintopoulos v. Shaughnessy (1957) written 2023-xx-yy (Need everything) ... a child born to foreigners who had overstayed their visas would "of course" be "an American citizen by birth," despite the parents' "illegal presence."
332. 14th Amendment, Birthright Citizenship United States v. Wong Kim Ark (1898) written 2023-xx-yy (Need everything)
333. 14th Amendment, Privileges and Immunities
334. 14th Amendment, Privileges and Immunities () written 2023-xx-yy (Need everything) See "Civil Forfeiture"
335. 14th Amendment, Privileges and Immunities The Slaughter House Cases (1873) written 2023-xx-yy (Need everything) Anastasia Boden article
336. 14th Amendment, Privileges and Immunities Corfield v. Coryell (1823) written 2023-xx-yy (Need everything)
337. 14th Amendment, Section 3:
338. 14th Amendment, Section 3: 2024-03-04: Trump v. Anderson (2024) written 2024-06-25 the Constitution makes Congress, rather than the States, responsible for enforcing Section 3 against federal officeholders and candidates.
339. in re Griffen (1869) (Need everything)
340. 14th Amendment, Section 3: Cummings v. Missouri (1867) (Need everything) an oath that they have never given aid to the rebellion and secession
341. 14th Amendment, Section 3: Bas v. Tingy, 4 U.S. 37 (1800) (Need everything) giving aid and comfort to the ‘enemies’ of the United States
342. 14th Amendment, Substantive Due Process
343. 14th Amendment, Substantive Due Process: Gutierrez v. Saenz (2025) Thomas dissent: "Gutierrez’s suit rests on the premise that the Fourteenth Amendment’s Due Process Clause gives him a 'liberty interest' in Texas’s voluntarily created procedures. That premise cannot be squared with any principled reading of the Due Process Clause."
344. 14th Amendment, Substantive Due Process, Free Exercise: Mahmoud v. Taylor (2025) (Need everything) Whether public schools burden parents’ religious exercise when they compel elementary school children to participate in instruction on gender and sexuality against their parents’ religious convictions and without notice or opportunity to opt out. article regarding Bruen-ize the First Amendment. Josh Blackman: The Status of Smith and Yoder After Mahmoud
345. 14th Amendment, Substantive Due Process, Civil Commitment, Double Jeopardy: Kansas v. Hendricks (1997)
346. Substantive Due Process: Procreation Skinner v. Oklahoma (1942) written 2023-0x-yy (Need everything) sterilization for three or more times of crimes "amounting to felonies involving moral turpitude." excluding certain offenses, including embezzlement
347. 14th Amendment, Substantive Due Process and Education: Pierce v. Society of Sisters (1925) (Need everything) See Due Process Education Trilogy
348. 14th Amendment, Substantive Due Process and Education: Meyer v. Nebraska (1923) (Need everything) See Due Process Education Trilogy Right to raise children
349. 14th Amendment, Substantive Due Process: Mugler v. Kansas (1887) written 2023-0x-yy (Need everything)
350. 1983: Absolute Immunity Price v. Montgomery County, Kentucky (2024) (1) Whether absolute immunity is unavailable under 42 U.S.C § 1983 where a prosecutor knowingly destroys exculpatory evidence; and (2) whether absolute immunity is unavailable under Section 1983 where a prosecutor defies a court order that compels specific action, leaving no room for the exercise of discretion.
351. 1983: Wilder v. Virginia Hospital Association (1990) the court ruled that hospitals could use Section 1983 to sue the state for the “reasonable and adequate” reimbursement that the Medicaid law requires. Those whom a law “intended to benefit” were entitled to sue for the benefit, the court held.
352. 1983: Graham v. Connor (1989) Officer's subjective intent (beliefs, biases, animus) to be excluded from consideration.
353. 1983: Maine v. Thiboutot (1980) "Title 42 U.S.C. §1983 -- which provides that anyone who, under color of state statute, regulation, or custom deprives another of any rights, privileges, or immunities "secured by the Constitution and laws" shall be liable to the injured party -- encompasses claims based on purely statutory violations of federal law, ...."
354. Alien Tort Statue
355. Alien Tort Statue: Almog Meir Jan v. People Media Project (2024) (Need everything)
356. Appropriations
357. Appropriations Department of State, et al. v. Aids Vaccine Advocacy Coalition, et al. (2025) Emergency Docket (Need everything) use Impoundment Control Act and its 45 day Congressional response period to prevent expediture of funds during the fiscal year for which they were allocated by law.
358. Appropriations Consumer Financial Protection Bureau (CFPB) v. Community Financial Services Association of America, Limited (CFSAA) (2024) (Need everything)
359. Appropriations Clinton v. City of New York (1988) (Need everything)
360. Appropriations Train v. City of New York (1975) (Need everything) application of the Impoundment Control Act"
361. De-staffing federal department McMahon v. New York (2025) (Need everything) Shadow Docket order and dissent. Ian Millhiser article.
362. Debt Perry v. United States (19xx) (Need everything)
363. Charter Schools
364. Charter Schools Rendell-Baker v. Kohn (1982) no state action when, as in this case, “a privately operated school provided free publicly funded education through a contract with the government.”
365. Civil Forfeiture
366. Civil Forfeiture Nevada Judge to Nevada Cops: You Can't Use This Loophole To Get Around Civil Asset Forfeiture Reform 2025-01-13
367. Civil Forfeiture Jouppi v. Alaska (2026) (Need everything)
368. Civil Forfeiture Culley v. Marshall (2023) (Need everything)
369. Civil Forfeiture Timbs v. Indiana (2019) (Need everything) Incorporating the excessive fines clause of the Eight Amendment without guidance .
370. Civil Forfeiture United States v. Bajakajian (1998) (Need everything)
371. Civil Forfeiture Bennis v. Michigan (1996) (Need everything)
372. Civil Forfeiture United States v. Ursery (1996) (Need everything)
373. Civil Forfeiture Austin v. United States (1993) (Need everything)
374. Civil Forfeiture United States v. Von Neumann (1986) (Need everything)
375. Civil Forfeiture United States v. $8,850 (1983) (Need everything)
376. Civil Forfeiture J.W. Goldsmith-Grant Co. v. United States (1921) (Need everything)
377. Corruption including bribery
378. Corruption, Gratuities: Snyder v. United States (2024)> (Need everything) Whether section 18 U.S.C. § 666(a)(1)(B) criminalizes gratuities, i.e., payments in recognition of actions a state or local official has already taken or committed to take, without any quid pro quo agreement to take those actions. 2nd, 6th, 7th, 8th, and 11th criminalize; 1st and 5th exonerate.
379. Corruption Ciminelli v. United States (2023) bid-rigging scandal
380. Corruption Percoco v. United States (2023) illicit payments
381. Corruption, Wire Fraud: Kousisis v. United States (2025) written 2023-0x-yy (Need everything) unanimously rejected a requirement that a fraud victim suffer a net economic loss. Instead, the court focused on whether the fraudster’s misrepresentations were material
382. Corruption, Wire Fraud: Ciminelli v. United States (2022) written 2023-0x-yy (Need everything) a defendant must have money or property as the object of the fraud.
383. Corruption, Wire Fraud: Kelly v. United States (2019) written 2023-0x-yy (Need everything) could not have violated the federal-program fraud or wire fraud laws because the scheme did not aim to obtain money or property.
384. Corruption, Wire Fraud: Carpenter v. United States (2017) written 2023-0x-yy (Need everything) a fraud scheme deprived a newspaper of its right to exclusive use of proprietary information, for example, that taking of property sufficed even if there was no monetary loss
385. Corruption, Wire Fraud: Shaw v. United States (2016) written 2023-0x-yy (Need everything) affirmed a bank fraud conviction even though no bank involved in the scheme had “suffered any monetary loss.”
386. Corruption, Official Act Fraud McDonnell v. United States (2016) written 2023-0x-yy (Need everything) arranging a meeting, contacting another official, or hosting an event -- on its own -- is not sufficient to rise to the level of an “official act” for the purpose of federal bribery statutes.
387. Corruption, Honest Services Fraud: Skilling v. United States (2010) (Need everything) "the intangible right of honest services," is properly confined to cover only bribery and kickback schemes.
388. Corruption, Bribery: United States v. Sun-Diamond Growers of California (1999) (Need everything) requires clear quid pro quo link between the gratuity received and performance of a specific past, present, or future "official" act.
389. Discrimination
390. Discrimination, ADA: Acheson Hotels v. Laufer (2023) (Need everything) 2023-12-05: This case is vacated as moot. opinion
391. Discrimination, Housing: Havens Realty Corp. v. Coleman (1982) (Need everything) overruled by Alliance for Hippocratic Medicine v. FDA (2024)
392. Discrimination, Geduldig v. Aiello (1974) (Need everything) permitted to exclude coverage for pregnancy-related disabilities from a state disability insurance system. Precursor of Dobbs, Moyle v. United States , Texas v. Becerra , and Skrmetti.
393. Discrimination Newman v. Piggie Park Enterprises (1968) (Need everything)
394. Discrimination Bell v. Maryland (1964) (Need everything)
395. Discrimination Bouie v. City of Columbia, South Carolina (1964) (Need everything)
396. Discrimination Heart of Atlanta Motel, Inc. v. United States (1964) (Need everything)
397. Discrimination Katzenbach v. McClung (1964) (Need everything)
398. Discrimination Robinson v. Florida (1964) (Need everything)
399. Discrimination Griffin v. Maryland (1964) (Need everything)
400. Discrimination Civil Rights Cases (1883) (Need everything)
401. Due Process:
402. Due Process: Glossip v. Oklahoma (2025) (Need everything) Napue v. Illinois still holds. The prosecution violated its constitutional obligation to correct false testimony.
403. Due Process: Campos-Chavez v. Garland (2024) (Need everything) Notice of proceeding.
404. Due Process and Alien Enemies Act: W.M.M. v. Trump (2025) (Need everything) Fifth Circuit ruling "Our analysis leads us to GRANT a preliminary injunction to prevent removal because we find no invasion or predatory incursion, conclude on the current record that the updated notice satisfies due process, and REMAND for further proceedings." Jacob Sullum article at Reason.com
405. Due Process and Alien Enemies Act: J.A.V. v. Trump (2025) (Need everything) Southern District of Texas ruling [Plantiffs] are each entitled to the granting of their Petition for a Writ of Habeas Corpus, and a permanent injunction prohibiting Respondents from employing the Proclamation and the AEA against them.
406. Due Process and Alien Enemies Act: A.A.R.P. v. Trump (2025) (Need everything) Supreme Court order with Alito dissent. Remand to Fifth Circuit record. Steve Vladeck article. Josh Blackman article. Steve Vladeck on Alito's dissent. See W.M.M. v. Trump above for Fifth Circuit response.
407. Due Process and Alien Enemies Act: Abrego Garcia v. Noem (2025) (Need everything) Supreme Court response to ruling by the United States District Court for the District of Maryland 2025-04-10. Fourth District opinion 2025-04-17
408. Due Process and Alien Enemies Act: United States ex rel. Jaegeler v. Carusi (1952) (Need everything) Congress’s terminating its declaration of war had ended the President’s authority under the statute.
409. Due Process and Alien Enemies Act: Johnson v. Eisentrager (1950) (Need everything) that courts were to “ascertain the existence of a state of war” when detention under the 1798 statute based on a declaration of war was challenged.
410. Due Process and Alien Enemies Act: Ludecke v. Watkins (1948) (Need everything) judicial review for “interpretation” of the 1798 statute was appropriate.
411. Due Process and Criminal Justice:
412. Due Process and Criminal Justice: Andrew v. White (2025) written 2023-0x-yy (Need everything) vacated and remanded to 10th Circuit. “evidence is introduced that is so unduly prejudicial that it renders the trial fundamentally unfair, the Due Process Clause of the Fourteenth Amendment provides a mechanism for relief.” Payne v. Tennessee, 501 U. S. 808, 825 (1991)
413. Due Process and Criminal Justice: Dickerson v. United States (2000) written 2023-0x-yy (Need everything)
414. Due Process and Criminal Justice Mathews v. Eldridge (1975) written 2023-0x-yy (Need everything) statutorily granted property right in Social Security benefits. Court's leading procedural Due Process precedent.
415. Due Process and Criminal Justice: Alderman v. United States (1968) written 2023-0x-yy (Need everything) Suppression of the product of a Fourth Amendment violation can be successfully urged only by those whose rights were violated by the search itself,
416. Due Process and Criminal Justice Brooks v. Florida (1967) written 2023-0x-yy (Need everything) "sweatbox" punishment cell held involuntary confession
417. Due Process and Criminal Justice Terry v. Ohio (1967) written 2023-0x-yy (Need everything) searches undertaken were limited in scope and designed to protect the officer's safety. Origin of reasonble suspicion: "The allowance of stops based on reasonable suspicion--a lesser standard than probable cause--originated in Terry v. Ohio." (source).
418. Due Process and Criminal Justice Miranda v. Arizona (1966) written 2023-0x-yy (Need everything) defendant was required to be warned before questioning regarding Fifth Amendment
419. Due Process and Criminal Justice: False Testimony Napue v. Illinois (1959) the prosecution violates due process when it knowingly offers or fails to correct false or misleading testimony
420. Due Process and Education: Farrington v. Tokushige (1927) (Need everything) See Due Process Education Trilogy
421. Due Process and Education: Pierce v. Society of Sisters (1925) (Need everything) See Due Process Education Trilogy
422. Due Process and Education: Meyer v. Nebraska (1923) (Need everything) See Due Process Education Trilogy
423. Equal Protection
424. Equal Protection, Gender: Steve Vladeck Two Theories of Equal Protection
425. Equal Protection, Employment Discrimination, Sexual Orientation: Bostock v. Clayton County (2020) written 2023-10-02 (Need Alito)
426. Equal Protection, Gender: United States v. Virginia (1996) written 2023-04-30 (Need bulk of Scalia's dissent)
427. Equal Protection, Gender: Mississippi Univ. for Women v. Hogan (1982) written 2023-0x-yy (Need everything)
428. Equal Protection, Gender: Craig v. Boren (1976) written 2023-04-25 (Need concurrances)
429. Equal Protection, Marriage: United States v. Windsor (2013) written 2023-0x-yy (Need everything)
430. Equal Protection, Selective Prosecution: Yick Wo v. Hopkins (1886) (Need everything) As applied challenge to facially neutral law.
431. Equal Protection, Race:
432. Equal Protection, Race, : Adarand Constructors, Inc. v. Peña (1995) written 2023-0x-yy (Need everything) overruling Metro Broadcasting. all racial classifications must pass strict scrutiny review
433. Equal Protection, Race, : Metro Broadcasting v. FCC (1990) written 2023-0x-yy (Need everything) minority preference policies are constitutional
434. Equal Protection, Race, : McClesky v. Kemp (1987) written 2023-0x-yy (Need everything) statistical demonstration of discrimination not applicable to a particular trial.
435. Equal Protection, Race, Jury Selection : Broadnax v. Texas (2025) written 2023-0x-yy (Need everything) Cert. denied racial discrimination in the selection of jurors.
436. Equal Protection, Race, Jury Selection : Batson v. Kentucky (1986) written 2023-0x-yy (Need everything) racial discrimination in the selection of jurors.
437. Equal Protection, Public Education:
438. Equal Protection, Race, Education: Coalition for TJ v. Fairfax County School Board (2024) Certiorari DENIED
439. Equal Protection, Race, Education: Students for Fair Admissions (SFFA) v. Harvard and Students for Fair Admissions (SFFA) v. University of North Carolina (2023) written 2023-12-05 (Need Thomas, Gorsuch, and finish Sotomayor) article Overruling Regents of the University of California v. Bakke ??
440. Equal Protection, Race, Education: Fisher v. University of Texas at Austin (Fisher II) (2016) written 2023-04-19 (Need rest of Kennedy, Alito)
441. Equal Protection, Race, Education: Parents Involved in Community Schools v. Seattle School Dist. No. 1 (2007) written 2023-0x-yy (Need everything) Resegregation
442. Equal Protection, Race, Education: Grutter v. Bollinger (2003) written 2023-0x-yy (Need everything)
443. Equal Protection, Race, Education: Graetz v. Bollinger(?) (2003) written 2023-0x-yy (Need everything)
444. Equal Protection, Race, Education: Rice v. Cayetano (2000) written 2023-0x-yy (Need everything)
445. Equal Protection, Race, Education: Regents of Univ. of California v. Bakke (1978) written 2023-04-19 (Need rest of Powell and all others) Diversity confirmed. Overruled by Students for Fair Admissions (SFFA) v. Harvard ???
446. Equal Protection, Race, : Arlington Heights v. Metropolitan Housing Development Corp. (1977) written 2023-0x-yy (Need everything)
447. Equal Protection, Race, Education: Charter Day Sch. Inc. v. Peltier (1974) written 2023-0x-yy (Need everything)
448. Equal Protection, Race, Education: DeFunis v. Odegaard (1974) written 2023-mm-yy (Need everything) start of diversity in place of ending discrimination
449. Equal Protection, Race, Education: Milliken v. Bradley (1974) written 2023-0x-yy (Need everything)
450. Equal Protection, Race, Education: San Antonio Independent School District v. Rodriguez (1973) written 2023-0x-yy (Need everything)
451. Equal Protection, Race, Education: Green v. School Bd. of New Kent Cty (1968) written 2023-0x-yy (Need everything) School choice violates Brown
452. Equal Protection, Race, Education: Brown v. Bd. of Education (1954) written 2023-05-14
453. Equal Protection, Race, Education: Bolling v. Sharpe (1954) written 2023-05-14
454. Equal Protection, Race, : Washington v. Davis (1976) written 2023-0x-yy (Need everything)
455. Equal Protection, Race, Marriage: Loving v. Virginia (1966) written 2023-06-21 Interracial marriage.
456. Equal Protection, Race, : McLaughlin v. Florida (1964) written 2023-0x-yy (Need everything)
457. Equal Protection, Race, : Gayle v. Browder (1956) written 2023-0x-yy (Need everything) successfully challenged bus segregation in the Supreme Court.
458. Equal Protection, Race, : Mayor and City Council of Baltimore v. Dawson (1955) written 2023-0x-yy (Need everything) Access to beaches.
459. Equal Protection, Race: Shelley v. Kraemer (1948) written 2023-0x-yy (Need everything) Housing covenants.
460. Equal Protection, Race, : Pace v. Alabama (1883) written 2023-0x-yy (Need everything)
461. Equal Protection, Race, Marriage: Cumming v. County Board of Education (1899) written 2023-0x-yy (Need everything)
462. Equal Protection, Race: Plessy v. Ferguson (1896) Excerpts on ELMS written 2023-0x-yy (Need everything)
463. Equal Protection, Race: Strauder v. West Virginia (1880) (Need everything) Jury duty cannot be reserved to whites only.
464. Equal Protection, Selective Prosecution United States v. Armstrong (1996)
465. Federal Funding / Grants
466. & Reproductive Rights: Medina v. Planned Parenthood South Atlantic (2025) written 2023-0x-yy (Need everything) South Carolina Gov. Henry McMaster, who in 2018 said any clinic that provided abortions could not participate in the state’s Medicaid program. 1965 Medicaid Act "...…any individual eligible for medical assistance (including drugs) may obtain such assistance from any institution, agency, community pharmacy, or person, qualified to perform the service or services required."
467. & Reproductive Rights: Oklahoma v. Health and Human Services (2024) written 2023-0x-yy (Need everything) Limitations/Requirements imposed upon states receiving of Title X funding. Emergency application for injunction or stay is denied on Sept. 3, 2024
468. & Reproductive Rights: Rust v. Sullivan (1991) written 2023-0x-yy (Need everything) Limitations imposed upon states receiving of Title X funding
469. Federal Funding / Grants: South Dakota v. Dole (1987) written 2023-0x-yy (Need everything) Limitations imposed upon states receiving of federal funding
470. Federal Officer Removal Statute (FORS) gives federal courts the power to hear state court cases filed against “any officer (or any person acting under that officer) or the United States or of an agency thereof, in an official or individual capacity, for or relating to any act under color of such office.”
471. Federal Officer Removal Statute: Chevron USA Inc. v. Plaquemines Parish, Louisiana whether oil and gas companies can move a lawsuit seeking to hold them responsible for damage to the Louisiana coast to federal court. Fifth Circuit concluded that the parishes’ lawsuits focus on the companies’ exploration for, and production of, crude oil, while the companies entered into contracts with the government during the war to produce aviation gasoline, known as avgas, which required them to refine crude oil. the companies had “abandoned below any argument that they were acting under a federal officer in committing the acts charged in our complaints” – which would mean that they could not transfer their case to federal court. Amy Howe article.
472. Federal Officer Removal Statute: Meadows v. Georgia (2023) 11th Circuit Court denied removal on 2023-12-18. Request for en banc denied on 2024-02-28
473. Federal Officer Removal Statute: Willingham v. Morgan (1969)
474. Federal Officer Removal Statute: Johnson v. Maryland (1920)
475. Federal Officer Removal Statute: Drury v. Lewis (1906) held that the guilt or innocence of the soldier "was for the state court if it had jurisdiction, and this the state court had, even though it was [the soldier's] duty to pursue and arrest [the suspect] (assuming that he had stolen pieces of copper), if the question of [the suspect] being a fleeing felon was open to dispute on the evidence."
476. Federal Officer Removal Statute: in Re Neagle (1890) held that a federal marshal named David Neagle was "not liable to answer in the Courts of California" after he fatally shot the would-be assassin of a Supreme Court justice while serving as that justice's official bodyguard.
477. Habeas Corpus:
478. Habeas Corpus Hamdi v. Rumsfeld (2004) (Need everything)
479. Habeas Corpus and 42 USC § 1983 Lee Kovarsky article on Habeas Corpus and 42 USC § 1983.
480. Habeas Corpus and 42 USC § 1983 Skinner v. Switzer (2011) written 2023-0x-yy (Need everything)
481. Habeas Corpus and 42 USC § 1983 Wilkinson v. Dotson (2005) written 2023-0x-yy (Need everything)
482. Habeas Corpus and 42 USC § 1983 Muhammed v. Close (2004) written 2023-0x-yy (Need everything)
483. Habeas Corpus and 42 USC § 1983 Edwards v. Balisok (1997) written 2023-0x-yy (Need everything)
484. Habeas Corpus and 42 USC § 1983 Heck v. Humphrey (1994) written 2023-0x-yy (Need everything)
485. Habeas Corpus and 42 USC § 1983 Wolf v. McDonnell (1974) written 2023-0x-yy (Need everything)
486. Habeas Corpus and 42 USC § 1983 Preiser v. Rodriguez (1973) written 2023-0x-yy (Need everything)
487. Habeas Corpus ex Parte Milligan (1866) written 2023-0x-yy (Need everything)
488. Immigration and Customs Enforcement (ICE) exemptions from Constutionality
489. Immigration and Customs Enforcement (ICE): Egbert v. Boule (2022) (Need everything) Effectively terminated Bivens claims -- Thomas. Damon Root article and article and specially to this case article.
490. Immigration and Customs Enforcement (ICE): INS v. Lopez-Mendoza (1984) untethered ICE from the exclusionary rule...evidence that agents gather even through illegal means can be used in immigration courts.
491. Immigration
492. Immigration: Ilya Somin article in The Atlantic regarding the immigration double standard.
493. Immigration, Non-citizen spouse: Department of State v. Munoz (2024) (Need everything) written 2023-mm-dd. CRS Legal Sidebar.
494. Immigration, Non-citizen spouse: Kerry v. Din (2015) (Need everything) written 2023-mm-dd
495. Immigration, Travel ban: Trump v. Hawaii, 585 U.S. ___ (2018) Animus
496. Incorporation: Duncan v. Louisiana (1968) written 2023-0x-yy (Need everything)
497. Incorporation: Gitlow v. New York (1925) written 2023-0x-yy (Need everything)
498. Independent Counsel / Special Prosecutor
499. Special Prosecutor: United States v. Trump (2024). Michael Dorf blog post. See Thomas concurrance in Trump v. Anderson (2024) . Martin Lederman article. Steven Calabresi article.
500. Insurrection Act
501. Insurrection Act: Trump v. Illinois (2026) (Need everything) written 2023-mm-dd. Supreme Court Shadow Docket denial of government request to stay circuit court decision and allow deployment. Explainer article dated 2025-10-28. https://www.supremecourt.gov/opinions/25pdf/25a443_new_b07d.pdf Lederman brief detailing meaning of "regular forces" which drove the court to request additional briefs Amy Howe article.
502. Major Questions Doctrine
503. Major Questions Doctrine The Past and Future of the Major Questions Doctrine Louis J. Capozzi 2023
504. Major Questions Doctrine Testing the Major Questions Doctrine by Samuel Buckberry Joyce 2024
505. Major Questions Doctrine: Learning Resources Inc. v. Trump (2026) (Need everything) "... whether the International Emergency Economic Powers Act (IEEPA) authorizes the President to impose tariffs." Linda Greenhouse article. Adam Feldman breakdown of the decision.
506. Major Questions Doctrine: See Barrett Concurrance in Biden v. Nebraska. article: article 2023-07-17; article 2022-06-30; article 2024-01-10
507. Major Questions Doctrine: Relentless v. Department of Commerce (2024)
508. Major Questions Doctrine: Loper Bright Enterprises v. Raimondo (2024) Overturns Chevron (1984) decision. Mark Joseph Stern article and Dahlia Lithwick article and Michael Dorf article.
509. Major Questions Doctrine: National Federation of Independent Business v. OSHA (2022) (Need everything) Gorsuch Concurrance joined by Thomas and Alito
510. Major Questions Doctrine: First Use of Term West Virginia v. Environmental Protection Agency (2022) (Need Kagan dissent) plaintiff States were injured by an EPA regulation because they were "'the object of' its requirement that they more stringently regulate power plant emissions within their borders."
511. Major Questions Doctrine: Alabama Assn. of Realtors v. Department of Health and Human Servs (2021) (Need everything)
512. Major Questions Doctrine: Utility Air Regulatory Group v. EPA (2014) (Need everything)
513. Major Questions Doctrine: Collins v. Yellen (2012) (Need everything)
514. Major Questions Doctrine: Gonzales v. Oregon (2006) (Need everything)
515. Major Questions Doctrine: Whitman v. American Trucking Associations, Inc. (2001) (Need everything) "Congress, we have held, does not alter the fundamental details of a regulatory scheme in vague terms or ancillary provisions—it does not, one might say, hide elephants in mouseholes." -- Scalia
516. Major Questions Doctrine: Food and Drug Administration v. Brown & Williamson Tabacco Corp. (2000) (Need everything)
517. Major Questions Doctrine: Chevron v. National Resources Defense Council (1984) (Need everything)
518. National Injunction:
519. Cases: Frothingham v. Mellon, Lewis v. Casey, Gill v. Whitford, Grupo Mexicano de Desarrollo, S. A. v. Alliance Bond Fund, Inc.
520. Articles: Bray and Frost 2018 article.
521. Necessary and Proper Clause McCulloch v. Maryland (1819) Congress’s power to create national banks
522. Nondelegation
523. Nondelegation: SEC v. Jarkesy (2024); Fifth Circuit opinion for Jarkesy based on non-delegation. Constitutionality of administrative law judges and proceedings. article and article. Ian Millhiser background article.
524. Nondelegation: FCC v. Consumers’ Research (2025) regarding the Universal Service Fund statue and the Universal Service Administrative Company. article by Ian Millhiser.
525. Nondelegation: Gundy v. United States (2019) allows Congress to delegate to the executive broad power to create new criminal offenses.
526. Nondelegation: Mistretta v. United States (1989)
527. Nondelegation: Atlas Roofing v. OSHA (1977) allows Congress to delegate to the executive broad power to create new criminal offenses.
528. Nondelegation: Sunshine Anthracite Coal v. Adkins (1940)
529. Nondelegation: A. L. A. Schechter Poultry Corp. v. United States (1935)
530. Presidential Immunity Steve Vladeck article
531. Presidential Criminal Immunity: United States v. TRUMP (1:23-cr-00257) District Court, District of Columbia
     • 2025-01-13 Final Report of the Special Prosecutor Volume One: The Election Case "... I found that, with respect to both Mr. Trump's unprecedented efforts to unlawfully retain power after losing the 2020 election and his unlawful retention of classified documents after leaving office, the Principles compelled prosecution. Indeed, Mr. Trump's cases represented ones 'in which the offense [was] the most flagrant, the public haim the greatest, and the proof the most certain.' " Josh Blackman's explanation of absent insurrection charges.
     • 2024-11-25 Government's Motion to Dismiss -- Granted (PDF)
     • 2024-11-25 Government's Motion to Dismiss (PDF)
     • 2024-10-02 Government's Motion for Immunity Determinations (PDF) due to Trump v. United States (2024)
     • 2024-08-27 United States District Court Superseding Indictment four counts.
     • 2024-08-03 Motion to Dismiss for Selective and Vindictive Prosecution -- Denied: (PDF)
     • 2024-07-01 United States Supreme Court Trump v. United States (2024) written 2024-07-xx (Need Sotomayor, Jackson)
     • 2024-02-06 United States Court of Appeals District of Columbia Circuit Opinion "We also have considered his contention that he is entitled to categorical immunity from criminal liability for any assertedly 'official' action that he took as President — a contention that is unsupported by precedent, history or the text and structure of the Constitution."
     • 2023-12-08 Motion to Dismiss -- Denied: (PDF)
     • 2023-12-01 United States District Court Opinion "He has moved to dismiss the charges against him based on Presidential immunity, ECF No. 74 ('Immunity Motion'), and on constitutional grounds, ECF No. 113 ('Constitutional Motion') For the reasons set forth below, the court will DENY both motions."
     • 2023-11-15 Motion to Stay Case Pending Resolution of Motion to Dismiss based on Presidential Immunity -- Granted: (PDF)
     • 2023-11-01 Motion to Stay Case Pending Resolution of Motion to Dismiss based on Presidential Immunity (PDF)
     • 2023-08-01 United States District Court Indictment four counts.
532. Presidential Immunity Blassingame v. Trump (2023) written 2024-mm-xx (Need eveything)
533. Presidential Immunity Trump v. Vance (2020) written 2024-mm-xx (Need eveything)
534. Presidential Immunity Clinton v. Jones (1997) written 2024-mm-xx (Need eveything)
535. Presidential Immunity Nixon v. Fitzgerald (1982) (Need everything) Steve Vladeck article
536. Presidential Immunity United States v. Nixon (1974) (Need everything) Marty Lederman United States v. Nixon at Fifty: Why Judge Cannon Is Wrong About the Attorney General’s Authority to Select a Special Counsel 2024-07-24
537. Posse Comitatus
538. Posse Comitatus: Newsom v. Trump (2025) Opinion Granting Injunctive Relief United States District Court for the Northern District of California
539. Qualified Immunity
540. 2025-01-13 Maryland Cop Who Recklessly Shot a 5-Year-Old Boy Got Qualified Immunity
541. Qualified Immunity McMurry v. Weaver (2025) (Need everything) Qualified Immunity. 2021-09-02 Western District of Texas order. 2022-07-12 Fifth Circuit opinion. 2025-06-27 Fifth Circuit opinion See Ho Concurrance. Billy Binion article.
542. Qualified Immunity Taylor v. Riojas (2020) (Need everything) Qualified Immunity. Texas prisoner who was confined in "a pair of shockingly unsanitary cells." One "was covered, nearly floor to ceiling, in 'massive amounts' of feces"; the other was "frigidly cold" and "equipped with only a clogged drain in the floor to dispose of bodily wastes."
543. Qualified Immunity Hope v. Pelzer (2002) (Need everything) Qualified Immunity. No previous case of being chained to a hitching post for seven hours in the sun.
544. Qualified Immunity Anderson v. Creighton (1987) (Need everything) Qualified Immunity extended to all but previously adjudicated cases.
545. Qualified Immunity Malloy v. Briggs (1985) (Need everything) Qualified Immunity extended to all but plainly incompetent or knowingly violate the law.
546. Qualified Immunity Harlow v. Fitzgerald (1982) (Need everything) First full blown statement of Qualified Immunity. Reasonable person standard.
547. Qualified Immunity Wood v. Strickland (1975) (Need everything)
548. Qualified Immunity Pierson v. Ray (1967) (Need everything) Introduction of the "fault rule" -- acted in a blatantly and manifestly unconstituational way (See The Collapse of Constitutional Remedies by Aziz Huq page 109
549. Recess Appointments: National Labor Relations Board v. Noel Canning (2014) written 2023-0x-yy (Need everything) See Scalia Dissent
550. Reproductive Rights: Arc of Reproductive Rights Jurisprudence
551. Reproductive Rights: Missouri v. FDA (202x) written 20xx-xx-xx Mifepristone again ... Kacsmaryk 2025-01-18
552. Reproductive Rights: Kerr v. Planned Parenthood South Atlantic (2025) written 2024-xx-xx. South Carolina seeks to withhold Medicare funding from Planned Parenthood.
553. Reproductive Rights: Texas v. Becerra (2024) written 2024-10-08. Rejects HHS EMTALA Guidance regarding abortion. Constrast Moyle v. United States (2024) .
554. Reproductive Rights: Oklahoma v. Health and Human Services (2024) written 2023-0x-yy (Need everything) Limitations/Requirements imposed upon states receiving of Title X funding
555. Reproductive Rights: Moyle v. United States (2024) written 2024-06-30 Emergency Medical Treatment and Labor Act ( EMTALA )
556. Reproductive Rights: Alliance for Hippocratic Medicine v. FDA (2024) written 2024-06-14 Mifepristone
557. Reproductive Rights: ACLU of Arkansas v. Griffin () written 2023-0x-yy (Need everything)
558. Reproductive Rights: Slattery EMC v. Hochul (2023) written 2023-0x-yy (Need everything) 2nd Circuit...fire women who have had abortions or engage in extra-marital sex
559. Reproductive Rights: Dobbs v. Jackson Women's Health Organization (2022) written 2023-04-09 (Need rest of Alito) changes from draft to opinion.
560. Reproductive Rights: June Medical Services v. Russo (2020) written 2023-0x-yy (Need everything)
561. Reproductive Rights: Whole Woman’s Health v. Hellerstedt (2016) written 2023-0x-yy (Need everything)
562. Reproductive Rights: Gonzales v. Carhart (2007) written 2023-0x-yy (Need everything) upholding the federal Partial Birth Abortion Ban Act. (???)
563. Reproductive Rights: Stenberg v. Carhart (2000) written 2023-0x-yy (Need everything)
564. Reproductive Rights: Schenck v. Pro-Choice Network of Western N. Y. (1997) written 2023-0x-yy (Need everything)
565. Reproductive Rights: Madsen v. Women's Health Center (1994) written 2023-0x-yy (Need everything)
566. Reproductive Rights: Rust v. Sullivan (1991) written 2023-0x-yy (Need everything) Limitations imposed upon states receiving of Title X funding
567. Reproductive Rights: Planned Parenthood v. Casey (1992) written 2023-04-09 (Blackmun and Scalia)
568. Reproductive Rights: Thornburgh v. Amer. Coll. of Obstetricians (1986) written 2023-0x-yy (Need everything)
569. Reproductive Rights: Carey v. Population Services Int'l (1977) written 2023-0x-yy (Need everything) minors have a constitutional right to contraception
570. Reproductive Rights: Geduldig v. Aiello (1974) written 2023-0x-yy (Need everything)
571. Reproductive Rights: Roe v. Wade written 2023-04-02 (Need Burger concurrance)
572. Reproductive Rights: Abele v. Markle (1972) written 2023-0x-yy (Need everything)
573. Reproductive Rights: Eisenstadt v. Baird (1972) written 2023-0x-yy (Need everything)
574. Reproductive Rights: Griswold v. Connecticut (1965) written 2023-04-02 (Need Stewart dissent)
575. Reproductive Rights: Poe v. Ullman (1961) written 2023-0x-xx (Need everything) See Dissents setting stage for Roe
576. Reproductive Rights, Texas SB8: Paxton v. Zurawski (2024) dismissing Zurawski's standing regarding SB8 stating "... the Attorney General has no authority to enforce the Heartbeat Act."
577. Reproductive Rights, Texas SB8: Gomaz v. Braid (2024) Affirming lack of subject-matter jurisdiction and standing under the Texas Constitution. Fourth Court of Appeals from Fourth Court of Appeals San Antonio, Texas from the 45th Judicial District Court, Bexar County, Texas.
578. Reproductive Rights, Texas SB8: Texas SB8 (2021)
579. Reproductive Rights, Texas SB8: Whole Woman’s Health et al. v. Jackson (2021?) written 2023-0x-yy (Need everything) whether the petitioners may pursue a pre-enforcement challenge...failed to block Texas’s SB8.
580. Sex and Marriage:
581. Sex and Marriage, Gay Marriage: Obergefell v. Hodges (2015) written 2023-04-17 (Full opinion, dissents.)
582. Sex and Marriage, : United States v. Windsor (2013) written 2023-0x-yy (Need everything)
583. Sex and Marriage, Sodomy: Lawrence v. Texas (2003) written 2023-04-10 (Need everything)
584. Sex and Marriage, : Romer v. Evans (1996) written 2023-0x-yy (Need everything)
585. Sex and Marriage, Sodomy: Bowers v. Hardwick (1986) written 2023-04-10
586. Sovereign Immunity
587. Sovereign Immunity: Overview of cases by Damon Root in 2022 and 2021
588. Sovereign Immunity Goldey v. Fields (2025) (Need everything) SCOTUSBlog article
589. Sovereign Immunity: Egbert v. Boule (2022) (Need everything) Effectively terminated Bivens claims -- Thomas. Damon Root article and article.
590. Sovereign Immunity, Standing: Oliva v. Nivar (2020) the 5th Circuit dismissed a Bivens claim by 70-year-old José Oliva, a Vietnam veteran who was beaten and permanently injured by federal police
591. Sovereign Immunity, Standing: Hernadez v. Mesa (2020) "the Bivens remedy is now a 'disfavored' judicial activity." -- Alito
592. Sovereign Immunity Ziglar v. Abbasi (2017) (Need everything) dismissed their Bivens claims of several detainees held in the wake of the September 11, 2001, terrorist attacks -- Kennedy
593. Sovereign Immunity: Tennessee v. Lane (2004) (Need everything)
594. Sovereign Immunity: Garrett v. University of Alabama (2001) (Need everything)
595. Sovereign Immunity: Kimel v. Florida Board of Regents (2000) (Need everything)
596. Sovereign Immunity, 11th Amendment Alden v. Maine (1999) (Need everything) Congress prohibited from using its powers under Article I of the Constitution to abrogate a state's sovereign immunity from private suits in its own courts.
597. Sovereign Immunity: Florida Prepaid Postsecondary Education Board v. College Savings Bank (1999) (Need everything)
598. Sovereign Immunity, 11th Amendment Seminole Tribe of Florida v. Florida (1996) (Need everything) states may not be sued by parties without their consent
599. Sovereign Immunity, 11th Amendment New York v. United States (1992) (Need everything) Congress does not have the power to issue a simple command to state governments to implement legislation enacted by Congress.
600. Sovereign Immunity, Federal Actions Carlson v. Green (1980) (Need everything) Eighth Amendment Bivens claim filed by the estate of a federal prisoner against his captors, alleging that they contributed to his death by denying him medical treatment.
601. Sovereign Immunity, Federal Actions Davis v. Passman (1979) (Need everything) workplace sex discrimination in violation of the Fifth Amendment's Due Process Clause.
602. Sovereign Immunity, Federal Actions Bivens v. Six Unknown Named Federal Agents (1971) (Need everything) "... damages may be obtained for injuries consequent upon a violation of the Fourth Amendment by federal officials ...." See Egbert v. Boule (2022) above.
603. Sovereign Immunity, Federal Actions Little v. Barreme (1804) (Need everything) " ... he must pay such damages as are legally awarded against him."
604. Standing
605. Standing, 1st Amendment, Freedom of Speech, : Murthy v. Missouri (2024) (Need everything)
606. Standing, Associational Standing: Alliance for Hippocratic Medicine v. FDA (2024) written 2024-06-14
607. Standing, Associational Standing: NAACP v. Alabama ex rel. Patterson (1958) written 2023-0x-yy (Need everything) See also Americans for Prosperity Foundation v. Bonta (2021)
608. Standing, Informational Injury Acheson Hotels, LLC v. Laufer (2024) (Need everything)
609. Standing, Informational Injury TransUnion LLC v. Ramirez (2021) (Need everything) Thomas writes on standing.
610. Standing, Informational Injury Federal Election Commission v. Akins (1998) (Need everything)
611. Standing, Informational Injury Public Citizen v. Department of Justice (1989) (Need everything)
612. Standing, Informational Injury Havens Realty Corp. v. Coleman (1982) (Need everything) overruled by Alliance for Hippocratic Medicine v. FDA (2024)
613. Standing: Health and Hospital Corporation v. Talevski (2023) (Need everything)
614. Standing: Mallory v. Norfolk Southern Railway (2023) (Need everything)
615. Standing: United States v. Texas (2023) (Need everything) states lack Article III standing to sue on behalf of citizens
616. Standing: Carney v. Adams (2020) (Need everything)
617. Standing: Gil v. Whitford (2018) (Need everything)
618. Standing: Spokeo v. Robins (2015) (Need everything)
619. Standing: Susan B. Anthony List v. Driehaus (2014) (Need everything)
620. Standing, Lack Thereof: Dennis Hollingsworth v. Kristin M. Perry (2013) written 2023-02-13 Schubert p. 191
621. Standing, Lack Thereof: Clapper v. Amnesty International (2012) “[t]he assumption that if respondents have no standing to sue, no one would have standing, is not a reason to find standing.” -- Alito
622. Standing, Lack Thereof: Arizona Christian School Tuition Organization v. Winn (2011)
623. Standing: Hein v. Freedom From Religion Foundation, Inc., (2007) (Need everything)
624. Standing: Ashcroft v. Iqbal (2006) (Need everything)
625. Standing: Bell Atlantic Corp. v. Twombly (2006) (Need everything)
626. Standing: Hein v. Freedom from Religion Foundation (2006) (Need everything)
627. Standing: Lujan v. Defenders of Wildlife (1992) Note: not assigned. Injury in fact; Fairly traceable; Capable of redress.
628. Standing: City of Los Angeles v. Lyons (1982) (Need everything) needed to be able to establish a substantial probability that he would be subjected the particular action in question. Okay to engage in potential illegal action against uncoorolated individuals of a large population.
629. Standing: Doran v. Salem Inn, Inc. (1975) (Need everything)
630. Standing: Huffman v. Pursue, Ltd. (1975) (Need everything)
631. Standing: Steffel v. Thompson (1974) (Need everything)
632. Standing: United States v. Richardson (1973) (Need everything)
633. Standing: Schlesinger v. Reservists Committee to Stop the War (1973) (Need everything)
634. Standing: Younger v. Harris (1971) (Need everything)
635. Standing: Flast v. Cohen (1968) (Need everything)
636. Statute of Limitations: Corner Post, Inc., Petitioner vs. Board of Governors of the Federal Reserve System (2024) (Need everything)
637. (Non-)Incorporation, Right of Contract: Lochner v. New York (1906) written 2023-02-02
638. (Non-)Incorporation, Takings Clause: Barron v. Mayor & City Council of Baltimore (1833) written 2023-02-02
639. Supremacy Clause
640. Supremacy Clause, : Worcester v. Georgia (1832)
641. Supremacy Clause, : Cherokee Nation v. Georgia (1831)
642. Supremacy Clause, : Fletcher v. Peck (1810)
643. Takings Clause
644. Takings Clause, : Pung v. Isabella County (2026) (Need everything) whether government sale of propery at below market value, and the reduced payment to the property owner, constitutes a taking article
645. Takings Clause, : DeVillier v. Texas (2024) (Need everything)
646. Takings Clause, : Sheetz v. County of El Dorado (2024) (Need everything)
647. Takings Clause, : Tyler v. Hennepin County, Minnesota (2023) (Need everything) article If the government forecloses on a property for nonpayment of taxes or other debts, it can only keep as much of the value of the land as is necessary to repay the debt in question.
648. Takings Clause, : Koontz v. St. John’s River Water District Management (2013) (Need everything)
649. Takings Clause, Public Purpose: Kelo v. City of New London (Need: Kennedy concurrance and Thomas dissent)
650. Takings Clause, Permitting, Proportionality: Dolan v. City of Tigard (1994) (Need everything)
651. Takings Clause, Permitting, Nexus: Nollan v. California Coastal Commission (1987) (Need everything)
652. Takings Clause, Public Purpose: Fallbrook Irrigation Dist. v. Bradley, 164 U.S. 112 (1896) (Need everything)
653. Takings Clause, Public Use: Davidson v. New Orleans, 96 U.S. 97 (1878) (Need everything)
654. Unitary Executive, Agency Heads: Trump v. Slaughter (2025) Shadow Docket. "... the Court today issues a stay enabling the President to immediately discharge, without any cause, a member of the Federal Trade Commission (FTC)." "Our emergency docket ... should never be used, as it has been this year, to permit what our own precedent bars. Still more, it should not be used, as it also has been, to transfer government authority from Congress to the President, and thus to reshape the Nation’s separation of powers." DC Circuit opinion.
655. Unitary Executive, Agency Heads: Trump v. Boyle (2025) Shadow Docket. "the Consumer Product Safety Commission exercises executive power in a similar manner as the National Labor Relations Board, and the case does not otherwise differ from Wilcox in any pertinent respect."
656. Unitary Executive, Agency Heads: Trump v. Wilcox (NLRB) (2025) Shadow Docket. Ian Millhiser article on the court's shadow docket order. Kavanaugh DC District Court opinions in Free Enterprise Fund v. PCAOB and PHH Corporation v. CFPB and Josh Blackman article.
657. Unitary Executive, Agency Heads: Seila Law v. Consumer Financial Protection Bureau (2020) the structure of the Consumer Financial Protection Bureau unconstitutional because it had a single head who could only be removed by the president for cause.
658. Unitary Executive, : Free Enterprise Fund v. Public Company Oversight Board (PCAB) (2010)
659. Unitary Executive, Independent Counsel: Morrison v. Olsen (1988) Congress may grant authority to the judicial branch to appoint independent counsel without violating the separation of powers, even though the independent counsel are members of the executive branch. Scalia's dissent ur-text of Unitary Executive Theory. Ian Millhiser explainers: 1, 2, and 3. Article, at SCOTUSBlog, on sequel as of 2025-06-17.
660. Unitary Executive, FTC Commissioners: Humphrey’s Executor v. United States (1935) upheld a law that protected the five commissioners of the Federal Trade Commission from being fired except for “inefficiency, neglect of duty, or malfeasance in office.”
661. Unitary Executive, Postmaster: Myers v. United States (1926) the President has an absolute removal power of a postmaster.
663. Voting Rights Princeton Gerrymandering Project
664. Voting Rights: Watson v. Republican National Committee (2026) Whether mail-in ballots postmarked on or before election day, but received after election day may be counted. Amy Howe article.
665. Voting Rights, Redistricting: Kosinski v. Williams (2026) Whether the Supreme Court should stay an order from the Supreme Court of New York, County of New York preventing state officials from conducting any election under a congressional map approved by the New York Legislature in 2024.
666. Voting Rights: Bost v. Illinois Board of Elections (2026) whether Rep. Michael Bost, a Republican member of Congress, lacked a legal right to sue, known as standing, to challenge an Illinois law allowing mail-in ballots postmarked by Election Day to be counted even if they arrive as many as 14 days later. Supreme Court reverses Seventh Circuit decision that Bost lacks standing and remands.
667. Voting Rights, Race and Redistricting: Abbott v. League of United Latin American Citizens (LULAC) (2026) For the reasons set forth in Abbott v. League of United Latin American Citizens, 607 U. S. ___ (2025), we reverse the District Court’s judgment. Justice Sotomayor, Justice Kagan, and Justice Jackson dissent from the Court's summary reversal. Steve Vladeck Substack 223. The Revealing Summary Reversal in LULAC on this entry in the regular Order List.
668. Voting Rights, Race and Redistricting: Abbott v. League of United Latin American Citizens (LULAC) (2025) staying the decision in League of United Latin American Citizens (LULAC) v. Abbott (2025) and allowing Texas to proceed with the mid-decade redistricting map.
669. Voting Rights, Race and Redistricting: League of United Latin American Citizens (LULAC) v. Abbott (2025) Western District of Texas, El Paso. Preventing Texas from redistricting mid-decade. "Substantial evidence shows that Texas racially gerrymandered the 2025 Map." The Department of Justice sent the state a letter alleging that four of the state’s districts were unconstitutional because they were “coalition districts” – majority-minority districts that lack a single racial majority. (dissent).
670. Voting Rights: Republican National Committee v. Vet Voice Foundation (2025) Fifth Circuit. whether mailed ballots posted on or before election day and received afterward may be counted.
671. Voting Rights: Jacobsen v. Montana Democratic Party (2025) Independent State Legislature certiorari denied
672. Voting Rights: Turtle Mountain Band of Chippewa Indians v. Howe (2025) Eighth Circuit seeking to strip citizens of their standing to bring actions based upon the Voting Rights Act. Ian Millhiser article.
673. Voting Rights: Republican National Committee, et al., Applicants v. Mi Familia Vota, et al. seeks to overturn Arizona v. Inter Tribal Council of Ariz., Inc. (2013). An unsigned order dated 2024-08-22 explained by Amy Howe of SCOTUSBlog. An article in Slate. See Purcell v. Gonzalez
674. Voting Rights: Arkansas State Conference NAACP v. Sarah Huckabee Sanders (Need everything) No private law suits under the VRA contra Morse v. Republican Party of Va., 517 U.S. 186 (1996). article.
675. Voting Rights: Alexander v. South Carolina Conference of the NAACP (2024) Reversing Cooper v. Harris (2017) (Need everything) SCOTUSBlog article 2024-03-21. Alito 6-3 decision in favor of South Carolina Republicans. 'a Voting Rights Act-compliant map is lawful if the state "had ‘good reasons' to think that it would transgress the Act if it did not draw race-based district lines."'
676. Voting Rights: Robinson v. Ardoin (2024) (Need summarization) Louisiana Redistricting details See Purcell v. Gonzalez
677. Voting Rights: Hopkins, et al. v. Hosemann (2023) (MS) (Need summarization) 5th Circuit determines voter "disenfranchisement for life under Section 241 is unconstitutional cruel and unusual punishment"
678. Voting Rights: Roberts v. McDonald (2023) Certiorari denied despite Hunter v. Underwood (Need everything)
679. Voting Rights: Moore v. Harper (2023) (Need summarization) Independent State Legislature
680. Voting Rights: Harness v. Watson (2023) (Need everything) Certiorari denied. Jackson and Sotomoyor dissent.
681. Voting Rights, Race and Redistricting: Louisiana v. Callais (2025) (Need everything) "... an unconstitutional racial gerrymander." What is left of the Voting Rights Act? Unequal siting of polling places. No pre-clearance. Possible to demonstrate racial motivation when political gerrymander claim possible? Same question as Allen v. Milligan aka (Merrill) (2023) decided last year by Louisiana’s lawyers’ own admission. Ian Millhiser article from 2025-03-18 and another article from 2025-08-04. Erwin Chemerinsky article.
682. Voting Rights, Race and Redistricting: Allen v. Milligan aka (Merrill) (2023) written 2023-06-18. details. Court tossed out Republican districting that it protected before the election. See Purcell v. Gonzalez
683. Voting Rights: Wisconsin Legislature, et al. v. Wisconsin Elections Commission, et al. (2022) (Need everything)
684. Voting Rights: Brnovich v. Democratic National Committee (2021) (Need everything) ENDS Voting Rights Act (VRA) Section 2 is violated if there is proof of a racially discriminatory impact.
685. Voting Rights: Department of Commerce v. New York (2019)) (Need everything)
686. Voting Rights: Rucho v. Common Cause (2019) (Need everything)
687. Voting Rights: Abbott v. Perez (2018) (Need everything)
688. Voting Rights: Gill v. Whitford (2018) (Need everything)
689. Voting Rights: North Carolina v. Covington (2018)) (Need everything)
690. Voting Rights: Cooper v. Harris (2017)) (Need everything) Reversed by Alexander v. South Carolina Conference of the NAACP (2024)
691. Voting Rights: Evenwel v. Abbott (2016)) (Need everything)
692. Voting Rights: Alabama Legislative Black Caucus v. Alabama (2015) (Need everything)
693. Voting Rights: Arizona State Legislature v. Arizona Independent Redistricting Commission (2015) (Need everything)
694. Voting Rights: Arizona v. Inter Tribal Council of Ariz., Inc. (2013) (Need everything) Arizona's evidence-of-citizenship requirement, as applied to Federal Form applicants, is pre-empted by the The National Voter Registration Act of 1993
695. Voting Rights: Bartlett v. Strickland (2013) (Need everything) Voting Rights Act (VRA) "totality of the circumstances" requirement. Modifies(?) Thornburg v. Gingles (1986).
696. Voting Rights: Shelby County v. Holder (2013) (Need everything) Ends Voting Rights Act (VRA) Section 4 (list of jurisdictions) subject to Section 5 (pre-clearance) requirement.
697. Voting Rights: Crawford v. Marion County Election Board (2008) (Need everything) A state can require residents to present government-issued photo IDs in order to vote.
698. Voting Rights: League of United Latin American Citizens (LULAC) v. Perry (2006) (Need everything)
699. Voting Rights: Purcell v. Gonzalez (2006) (Need everything) Changing election rules close to time of voting (Arizona Proposition 200 photo ID as proof of citizenship for mailed voter registration forms)
700. Voting Rights: Vieth v. Jubelirer (2004) (Need everything)
701. Voting Rights: Bush v. Gore (2000) (Need Souter, Ginsberg, Breyer dissents)
702. Voting Rights: Shaw v. Hunt (2000) (Need everything) Does North Carolina's redistricting plan constitute racial gerrymandering
703. Voting Rights: Morse v. Republican Party of Va. (1996) (Need everything) Does North Carolina's redistricting plan constitute racial gerrymandering
704. Voting Rights, Racial Gerrymanders: Bush v. Vera (1996) (Need everything)
705. Voting Rights, Racial Gerrymanders: Miller v. Johnson (1995) (Need everything)
706. Voting Rights, Term Limits: U.S. Term Limits, Inc v. Thornton (1995) (Need everything)
707. Voting Rights: Johnson v. De Grandy (1994) (Need everything)
708. Voting Rights: Growe v. Emison (1993) (Need everything) Adds(?) "consistent with traditional districting criteria" requirement to Voting Rights Act (VRA) districting. Modifies(?) Thornburg v. Gingles (1986).
709. Voting Rights, Misinformation: Burson v. Freeman (1992) (Need everything) found constitutional a law to prohibit distribution of campaign materials within 100 feet of entrances to polling facilities. And ... ensuring that an individual's right to vote is not undermined by fraud in the election process."
710. Voting Rights, Racial Gerrymanders: Shaw v. Reno (1993) (Need everything)
711. Voting Rights: Chisom v. Roemer (1991) (Need everything)
712. Voting Rights, Race and Redistricting: Thornburg v. Gingles (1986) (Need everything)
713. Voting Rights: Davis v. Bandemer (1985) (Need everything) mere demonstration of dilution of a particular group's voting strenght was no longer enough
714. Voting Rights: Hunter v. Underwood (1985) (Need everything)
715. Voting Rights: Republican Committee v. Brooks (1984) (Need everything) Rehnquist restricting reading of voting rights law
716. Voting Rights: Karcher v. Daggett (1983) (Need everything)
717. Voting Rights: Rogers v. Lodge (1982) (Need everything)
718. Voting Rights: City of Mobile v. Bolden (1980) (Need everything)
719. Voting Rights: City of Rome v. United States (1980) (Need everything)
720. Voting Rights: City of Richmond v. United States (1975) (Need everything)
721. Voting Rights: Chapman v. Meier (1975) (Need everything)
722. Voting Rights: Richardson v. Ramirez (1974) (Need everything) disenfranchising convicted felons who have completed their sentences and paroles, does not violate the Equal Protection Clause. Pp. 418 U. S. 41-56.
723. Voting Rights: Gaffney v. Cummings (1973) (Need everything) approved of a gerrymandering scheme explicitly designed to produce safe districts for incumbents
724. Voting Rights: White v. Regester (1973) (Need everything)
725. Voting Rights: Whitcomb v. Chavis (1971) (Need everything)
726. Voting Rights: Hadley v. Junior Coll. Dist. (1970) (Need everything)
727. Voting Rights: Allen v. State Board of Elections (1969) (Need everything) VRA. Ended(?) literacy tests
728. Voting Rights: Moore v. Ogilvie (1969) (Need everything)
729. Voting Rights: Kirkpatrick v. Preisler (1969) (Need everything)
730. Voting Rights, Congress Excluding a Member: Powell v. McCormack (1969) (Need everything)
731. Voting Rights: Avery v. Midland Cty. (1968) (Need everything)
732. Voting Rights: Fortson v. Morris (1966) (Need everything)
733. Voting Rights: Harper v. Virginia Board of Elections (1966) (Need everything)
734. Voting Rights: Fortson v. Dorsey (1965) (Need everything)
735. Voting Rights: South Carolina v. Katzenbach (1964) (Need everything) 15th Amendment Self-Executing (compare Trump v. Anderson 14th not self-executing)
736. Voting Rights: Reynolds v. Sims (1964) (Need everything)
737. Voting Rights: Wesberry v. Sanders (1964) (Need everything)
738. Voting Rights: Gray v. Sanders (1963) (Need everything)
739. Voting Rights: Baker v. Carr (1962) written 2023-10-05 (Need Clark concurrance and Frankfurter dissent) Refusal to reapportion as directly the the Constitution of the State of Tennessee for 60 years. (TN)
740. Voting Rights: Gomillion v. Lightfoot (1960) (Need everything)
741. Voting Rights: Terry v. Adams (1953) (Need everything) whether white-only pre-primary elections were constitutional.
742. Voting Rights: South v. Peters (1950) (Need everything)
743. Voting Rights: MacDougall v. Green (1948) (Need everything)
744. Voting Rights: Colegrove v. Green (1946) (Need everything)
745. Voting Rights: Smith v. Allwright (1944) (Need everything) Texas Democratic Party required all voters in its primary to be white (TX)
746. Voting Rights: Snowden v. Hughes (1944) (Need everything)
747. Voting Rights: United States v. Saylor (1944) (Need everything)
748. Voting Rights: United States v. Classic (1941) (Need everything)
749. Voting Rights: Grovey v. Townsen (1935) (Need everything)
750. Voting Rights: Nixon v. Condon (1932) (Need everything)
751. Voting Rights: Nixon v. Herndon (1927) (Need everything)
752. Voting Rights: United States v. Mosley (1915) (Need everything)
753. Voting Rights: Giles v. Harris (1903) (Need everything) (refusing to intervene in Alabama's scheme for disenfranchisement of African-Americans).
754. Voting Rights: Swafford v. Templeton (1902) (Need everything) (TN denial of right to vote?)
755. Voting Rights: McPherson v. Blacker (1892) (Need everything)
756. Voting Rights: Minor v. Happersett (1875) written 2024-08-29. Excluding women from voting based upon history and tradition.
758. Willful Blindess: Global-Tech Appliances v. SEB (2011) (Need everything)
759. Austin v. US Navy SEALs 1-26 (2022) Collins v. Yellen (2021) legal arguments that, if taken seriously, would have invalidated every single action taken by the FHFA in its 13 years of existence.
760. Gilligan v. Morgan (1973) Kent State Massacre
761. Physician Assisted Suicide: Gonzales v. Oregon, 546 U.S. 243 (2006) Need everything
762. Physician Assisted Suicide: Washington v. Glucksberg (1979) Need concurrences
763. Cooper v. Aaron (1958) States cannot nullify decisions of the federal courts. Federal Supremacy Clause. Josh Blackman article
764. Newell-Davis v. Phillips (2023) George Will article
765. Shapiro v. Thompson (1969) for the right of interstate movement
766. Federal Tax Power, Attribution of income : Moore v. United States (2024) Realization as explained by Ian Millhiser. Written 2024-06-20
767. Federal Tax Power: Helvering v. Horst (1940) Realization adopted.
768. Federal Tax Power: Helvering v. Griffiths (1943) Limits Eisner v. Macomber to benefits from a stock split.
769. Federal Tax Power: Eisner v. Macomber (1920) Investment gain is not income.
770. Federal Tax Power: Pollock v. Farmer’s Loan & Trust (1895) Taxes must be apportioned by population till overruled by the 16th Amendment (1913).
771. Federal Tax Power: Collector v. Hubbard (1871) Tax on unrealized gains.
772. First Amendment: School Book Bans: Island Trees School District v. Pico (1982)
773. Obstructing an Official Proceeding: Fischer v. United States (2024) Written 2024-07-xx Need opinion of the court (16 pages).
774. Civil vs Criminal: Kennedy v. Mendoza-Martinez (1963)
775. Faithless Electors: Chiafolo v. Washington
776. Sleeping in Public: City of Grants Pass v. Johnson (2024)
777. Supreme Court Jurisdiction: Ex Parte McCardle (1868) See Patchak v Zinke (2018)
778. Langford v. United States (1880) "that the king can do no wrong" It is not easy to see how the first proposition can have any place in our system of government.
779. Slavery: Dred Scott v. Sandford (1857)
780. Slavery: Prigg v. Pennsylvania (1842)
781. Sentencing: Concurrent vs Consecutive: Setser v. United States (2012)
782. Passports: Zivotofsky v. Kerry (2015)
783. Guarantee Clause, Republican Form of Government: Luther v. Martin (1849) non-justicible
784. Guarantee Clause, Invastion: United States v. Abbott (2024) Western District of Texas. In particular, pages 65-98.
785. War Powers Act: Erwin Chemerinsky editorial 2026-04-27
786. War Powers Act: Kucinich v. Obama (2011)
787. War Powers Act: Doe v. Bush (2002)
788. War Powers Act: Crockett v. Reagan (1982)
789. War Powers Act: Prize Cases (1862)
790. War Powers Act: Little v. Barreme (1804)
791. War Powers Act: Talbot v. Seeman (1801)
792. War Powers Act: The Quasi-War ()
794. Social Security Administration v. AFSCME (2025) SHADOW docket DOGE access a wide range of sensitive information kept by the Social Security Administration. See Jackson dissent. See Ian Millhiser article.
795. Noem v. Doe (2025) SHADOW docket permits the Trump administration to strip half a million immigrants of their right (parole status) to remain in the United States. See Jackson dissent. See Ian Millhiser article.
796. Printz v. United States (1997) federal government may not commandeer state officials into enforcing federal law. Review of Brady Handgun Violence Prevention Act of 1993, which required state and local police to help enforce federal gun control laws. "We held in New York [v. United States (1992)] that Congress cannot compel the States to enact or enforce a federal regulatory program. Today we hold that Congress cannot circumvent that prohibition by conscripting the States' officers directly. The Federal Government may neither issue directives requiring the States to address particular problems, nor command the States' officers, or those of their political subdivisions, to administer or enforce a federal regulatory program." "The Federal Government may neither issue directives requiring the States to address particular problems," "nor command the States' officers, or those of their political subdivisions, to administer or enforce a federal regulatory program."

• Briefing a Case Provided to the students of GVPT331 on 2023-02-07 by Prof. Michael Spivey
• The Case of the Speluncean Explorers by Lon L Fuller (1999)
• The Stupidest Housemaid by Paul Butler (1999)
• How to Think like a Lawyer by Ruggero J. Aldisert, Stephen Clowney, Jeremy D. Peterson (2007)
• How to Read a Judicial Opinion by Orin S Kerr (2005)
• Letter to a First-Year Law Student by Luther T Munford (2016)
• The World According to Coase by David D Friedman
• Pistols, Crime, and Public Safety in Early America by Cramer and Olsen (2008 private publication): uses information from as early as 1619 to argue that pistols were relatively common and considered less dangerous than long guns. Claims no distinction in regulation between pistols and long guns, then provides five examples of pistols specifically mentioned in legislations along with long guns. Claims that pistols being ~19% of all arms surrender to Gage in Boston means that pistols were common. Notes pistols for cavalry and then claims that the statement refers to all men 16 to 50. 1787 sale of federal weapons: 16% pistols. Strange statement on page 4 that pistols and long guns have average purchase price of 1.6 pounds sterling Boston 1775+. Claims of suicide by pistol means pistols commonplace, try suicide by rifle. English Old Bailey crimes stats from 1674 to 1789 show increasing mentions(?) of pistols particularly in 1770's and 1780's, out of 1.4k results of out 49.4k total or less than 3%.
• Stopping a Moving Target (2001) -- comparison of pedestrian vs vehicle stops (citizen/police) interactions and demonstrated disparties by race.
• Mathematicians Brief (2019) -- defines a baseline/benchmark for determining gerrymandering based upon Markov chain Monte Carlo modeling.
• Locating the Representational Baseline: Republicans in Massachusetts (2019) -- highly uniform distribution of Republican voters across precincts results in no Republican elected despite 30-35% share of the votes. "This shows that finding a reasonable baseline to decide when gerrymandering has occurred is a subtler problem than has so far been appreciated in the public discourse or in some of the mainstream political science literature" (compare Thomas and Alito dissents in Allen v. Milligan (2023). is racially
• Hammer, Josh Manly Originalism 2022

• Common Good Constitutionalism

  • Baude, William Common Good Manifesto (PDF) 2022
  • Vermeule, Adrian Myths of Common Good Constiutionalism (PDF) 2022
  • Ward, Ian Critics Call It Theocratic and Authoritarian (PDF) 2022-12-09
  • Arkes, Hadley A Better Originalism (PDF) 2021
  • Arkes, Hadley Vermeule, his Critics and the Crisis of Originalism (PDF) 2020
  • Hammer, Josh Common Good Originalism 2021
  • Barnett, Randy Dangers 2020-04-03
  • Epps, Garrett Dangerous 2020-04-03
  • Vermeule, Adrian Beyond Originalism 2020-03-31
  • Vermeule, Adrian Integration from Within (PDF) 2018
  • Books:
  • Deneen, Patrick Why Liberalism Failed
  • Vermeule, Adrian Common Good Constitutionalism

• Judicial Review

  • Bickel, Alexander Section Exerpt from The Least Dangerous Branch 1962
    
  • Dorf, Michael Majoritarian Difficulty and Theories of Constitutional Decision Making 2010
  • Graber, The Countermajoritarian Difficulty: From Courts to Congress to Constitutional Order 2008

• Living Constitutionalism

  • Brennan, "Contemporary Ratification" 1985
  • Marshall, Thurgood The Constitution: A Living Document 1987
  • Rehnquist, William The Notion of a Living Constitution 1976

• Ninth Amendment

  • Abrams, Floyd The Ninth Amendment and the Protection of Unenumerated Rights 1967
  • Berger, Warren Ninth Amendment 1980
  • Seidman, Our Unsettled Ninth Amendment 2010
  • Williams, Ryan C. Ninth Amendment as a Rule of Construction 2011

• Neutrality

  • Sunstein, Cass Neutrality in Constitutional Law 1992
  • Wechsler, Toward Neutral Principles in Constitutional Law 1959

• Originalism

  • Epps, Garrett Originalism is Dead 2013
  • Whittington, Keith Dworkin's Originalism 2000
  • Meese, Edwin Jurisprudence of Original Intent 1985
  • Scalia, Antonin Originalism, the Lesser Evil 1989
  • Stevens, John Paul(?) Originialism and History 2014
  • Wurman, Ilan The Founders' Originalism 2014

• Privacy

  • Brandeis, Louis; Warren, Samuel The Right to Privacy 1890

• Process Theory

  • Schacter, Jane Ely at the Altar: Political Process Theory through the Lens of the Marriage DebateMarriage Debate 2011
  • Smith, Evan Representation Reinforcement Revisited: Citizens United and Political Process Theory 2013
  • Tribe, Laurence The Puzzling Persistence of Process-Based Constitutional Theories 1980

• Substantive Due Process

  • Green, Twelve Problems with Substantive Due Process 2018
  • Sandefur, Timothy In Defense of Substantive Due Process 2012

• Other

  • Amar, Akhil Reed Intertextualism 1999
  • Balkin, Jack The Recent Unpleasantness: Understanding The Cycles of Constitutional Time 2019
  • Solum, Lawrence(?) How NFIB v. Sebelius Affects the Constitutional Gestalt 2013