Judge Brett Kavanaugh’s views of the Fourth Amendment have drawn significant interest following his recent nomination to the Supreme Court. This post takes a close look at Kavanaugh’s key Fourth Amendmen...

Judge Brett Kavanaugh’s judicial record on the Guantanamo military commissions is richer and less one-sided than some analysts, including Steve Vladeck in the Washington Post, have suggested.

At the end of the last term, the Supreme Court decided in a 7-2 opinion that the high court exercises appellate jurisdiction over the United States’ military justice system—a system it says begins at the...

Twenty years ago, Brett Kavanaugh and I were on the team that drafted Kenneth Starr’s impeachment referral. Here’s what the Supreme Court nominee did and did not do.

I think I am on safe ground in saying that when Brett Kavanaugh and I presented our papers at the Minnesota Law Review symposium in October 2008—his on separation of powers and mine on (of all things) ju...

The outcome in Trump v. Hawaii should not have been much of a surprise. In December, a majority of the Supreme Court allowed the entirety of the travel ban to go into effect temporarily.

Trump v. Hawaii is about the constitutional status of pretext: When should we accept a pretext from the president and what does it take to cure or alleviate the taint of bad acts by a president once they...

Oliver Wendell Holmes once said that “The prophecies of what the courts will do in fact, and nothing more pretentious, are what I mean by the law.”

The Supreme Court's decision Tuesday in Trump v. Hawaii decisively puts to bed the “preliminary injunction” round of litigation over President Trump’s travel ban. In a 5-4 decision, with the majority opi...