Free Republic

The Supreme Court rejected the Trump administration's request to allow the president to proceed with immediately deploying National Guard troops to Chicago — delivering a blow, if temporary, to President Donald Trump as he seeks to expand his federalization push across the U.S. The justices declined the Trump administration’s emergency request to overturn a ruling by U.S. District Judge April Perry that had blocked the deployment of troops. An appeals court also had refused to step in. The Supreme Court took more than two months to act.

The Supreme Court on Tuesday rebuffed the Trump administration over its plan to deploy National Guard troops in Illinois over the strenuous objections of local officials. The court in an unsigned order turned away an emergency request made by the administration, which said the troops are needed to protect federal agents involved in immigration enforcement in the Chicago area. In doing so, the court at least provisionally rejected the Trump administration’s view that the situation on the ground is so chaotic that it justifies invoking a federal law that allows the president to call National Guard troops into federal service...

Each Supreme Court term typically includes at least one explosive case that inflames political passions and captures the public imagination. When the court overturned Roe v. Wade in 2022, or when it greatly broadened presidential immunity, as it did last year in Trump v. the United States, or when it ruled against race-based college admissions in 2023, it reaffirmed its centrality and reminded voters that it mattered. As it happens, very few Americans can name the chief justice of the Supreme Court of the United States (surveys show it is consistently under 16 percent), but most know instinctively the high...

Supreme Court Justice Ketanji Brown Jackson argued that the president of the United States should not be able to fire government experts such as scientists, doctors, economists, and PhDs, and she claimed it is “not in the best interest” of American citizens. During oral arguments for Trump v. Slaughter, while talking to U.S. Solicitor General D. John Sauer, Jackson said she did “not understand” why “agencies aren’t answering to Congress.” Jackson pointed out that “Congress established them and can eliminate them.” The oral arguments come after the Supreme Court, in September, allowed President Donald Trump to remove Rebecca Kelly Slaughter,...

On Friday, the Supreme Court announced that it would hear challenges to President Donald Trump’s executive order to end birthright citizenship. The 14th Amendment automatically makes all babies born on American territory citizens. Trump’s effort to overturn the traditional reading of the constitutional text and history should not succeed. Ratified in 1868, the 14th Amendment provided a constitutional definition of citizenship for the first time. It declares that "all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside." In antebellum America, states...

Can Congress create federal agencies with power to enforce the laws and prosecute crimes, but which agencies are outside the control of the President? In a 1935 decision called Humphrey’s Executor, the Supreme Court held that it could. I first wrote about this subject in a post back in December 2016 titled “Can The Separation Of Powers Of The Federal Government Be Righted?” December 2016 was immediatey after Donald Trump had first been elected President, but before he had taken office. The backdrop of the post was the issue of the extent to which the newly-elected President Trump would be...

This week, the U.S. Supreme Court should consider a basic constitutional reality: county officials from Boulder, Colorado, cannot force their preferred climate policies on the rest of the nation. Obvious as it seems, that is what’s at stake in Suncor Energy Inc. v. Boulder County, a climate change case the court will weigh for review on Dec. 12. Like the other thirty-odd copycat climate lawsuits filed by states and localities from Honolulu to my hometown of Charleston, Boulder’s suit weaponizes tort law to try to transform state courts into vehicles for deploying sweeping climate mandates. If Boulder gets its way,...

The Supreme Court on Dec. 8 vacated a ruling upholding New York’s ban on religious exemptions to its school vaccine mandate and ordered a lower court to review its stance on the ban. The case is known as Miller v. McDonald. Justices vacated the March decision from the U.S. Court of Appeals for the Second Circuit, which had found the legislation banning religious exemptions to vaccination requirements was “neutral on its face” and did not “target or affirmatively prohibit religious practices.” The justices directed the appeals court to reconsider its ruling in light of Mahmoud v. Taylor, a Supreme Court...

The U.S. Supreme Court has revived a lawsuit filed by a group of Amish parents against a New York state law that removes a religious exemption to school immunizations. In an orders list released Monday, the Supreme Court vacated a lower court ruling against the parents and other plaintiffs in the case of Joseph Miller et al. v. James McDonald et al. The case was sent back to the lower court for consideration in light of Mahmoud v. Taylor, a Supreme Court decision from June in which the high court ruled 6-3 that parents can opt their children out of...

The United States Supreme Court heard oral arguments on Tuesday in the case of Trump v. Slaughter, which centers on whether the president has the authority to fire a member of the Federal Trade Commission without cause. A ruling in favor of the Trump administration would overturn a nearly century-old precedent. The Court seems poised to rule in favor of allowing the president to fire, without cause, members of independent executive agencies. Oral arguments lasted only 2.5 hours, as the Court's conservative majority appeared favorable to the administration's arguments, with Justice Neil Gorsuch arguing that those independent agencies constitute an...

The Supreme Court on Monday appeared poised to side with President Donald Trump and allow him to fire a member of the Federal Trade Commission without cause, a provocative move aimed at upending the long-standing concept of independent federal agencies. In a significant case on the structure of the federal government, the conservative-majority court heard oral arguments on whether Trump had the authority to fire Rebecca Kelly Slaughter notwithstanding a law enacted by Congress to insulate the agency from political pressures. The 1914 law that set up the FTC says members can be removed only for “inefficiency, neglect of duty,...

For the first time, the Supreme Court will directly confront the legality of Donald Trump’s executive order restricting birthright citizenship. The politics around the case are loud and predictable. But the constitutional question at the center of it is much quieter, and far more consequential: Can any president, Republican or Democrat, unilaterally reinterpret the Fourteenth Amendment? After reviewing the Court’s recent decisions and the skepticism justices have already shown toward this executive order, it’s clear that the conservative majority may not be willing to hand the White House a power this sweeping. In fact, the justices most hostile to broad...

Abortion, religion, and race were the three intractable constitutional law conundrums of the second half of the 20th century. Back in the 1960s and ’70s, the justices of the Warren and Burger Supreme Courts felt compelled to step in and resolve them, though their constitutional warrant so to do was anything but clear. As readers of this magazine are well aware, for decades American society has been roiled by what we are slowly coming to see as the Supreme Court’s unwarranted judicial audacity—if not impudence, arrogance, and illegitimacy. Since Richard Nixon’s campaign in 1968, Republicans have been seeking to...

Since the late 19th century, school yearbooks have been a ubiquitous and mostly unchanging element of American school life. Decade after decade, they deliver a predictable mix of class, club, and team photos, cheesy graphics, and cringey comments. But the most consistent feature of yearbooks may be what they don’t include—references to political upheaval or resistance movements. As public schools across the United States face heightened censorship and the threat of funding losses for noncompliance, school yearbooks remind us that there is nothing new about political censorship in schools. A few rare examples also reveal that there some students and...

Legal conservatives find themselves in an unusual position: originalism has reached unprecedented acceptance within the judiciary and the bar. A majority of Supreme Court justices—including at least one appointed by a Democratic president—identify as originalists, or at least strive toward originalism. Guided by the original understanding of those who ratified the Constitution and the Reconstruction Amendments, the High Court has overruled Roe v. Wade, ended the use of race in higher education, and recognized the individual right to own firearms. But some find these successes disorienting. Originalism’s victories have triggered an important debate among conservatives. Some wonder if originalism is...

Could the Trump Department of Justice (DOJ) protection of the National Firearms Act (NFA) in Silencer Shop v BATF be a tactical move to bring the case to the Supreme Court? The Supreme Court case United States v Windsor upended centuries of precedent and jurisprudence in the United States by finding a key part of the Defense of Marriage Act to be unconstitutional. The Obama administration played a key part in this policy shift by claiming the act was constitutional, thus protecting “standing” in the case. Later, the Obama DOJ switched sides and agreed with Windsor that the Defense of...

Licenses Delayed, Rights Denied is a scholarly article that informs readers of the means six outlier states use to deny ordinary citizens their rights to keep and bear arms. The article is another excellent example of scholarship by Mark Smith, member of the Supreme Court Bar, distinguished Second Amendment scholar, and host of the Four Boxes Diner on YouTube. He is also a contributor at AmmoLand.com. The article has been published in the Harvard Journal of Law & Public Policy: Per Curiam, Fall of 2025, No. 23. The six states that are actively working to undermine the Bruen methodology are...

On Monday, the Supreme Court will hear oral argument in Trump v. Slaughter, the case challenging limitations on the President's ability to remove members of the Federal Trade Commission. In resolving this question, the Court will consider whether to narrow or overrule Humphrey's Executor. Perhaps to aid in the Court's deliberations, today the U.S. Court of Appeals for the D.C. Circuit decided the combined cases of Harris v. Bessent and Wilcox v. Trump, concerning the limitations on removal of members of the Merit System Protection Board and National Labor Relations Board. In Harris, a divided panel concluded that the President...

The Supreme Court on Friday said it will hear arguments in a case that will determine if President Donald Trump can undo automatic citizenship for people born in the United States. Trump, on his first day back in the White House on Jan. 20, issued an executive order that said babies born in the U.S. more than 30 days after that order were not entitled to be issued citizenship documents if their parents were temporary visitors or illegal aliens.

The Supreme Court on Thursday paved the way for Texas to use its redrawn congressional map, a major victory for Republicans who could gain as many as five seats in the 2026 midterm elections. In an unsigned order, the justices granted Texas' emergency request to block a three-judge federal district court ruling that barred the map as an unconstitutional racial gerrymander. "Texas is paving the way as we take our country back, district by district, state by state," Republican Texas Attorney General Ken Paxton said in a statement. "This map reflects the political climate of our state and is a...