Although the two new justices in the mid-2000s did not change the 5-4 conservative majority on the court, they forged a different kind of conservative majority. Toobin and I discussed his books and the current state of the Supreme Court earlier this week by email.

Co-authored with Tom Donnelly Last week, the Supreme Court wrapped up its final arguments in what has so far been a monumental term. Understandably,...

The Supreme Court may be below the radar for most voters. But Republican leaders have not forgotten about Roberts and the high court. They are not about to let themselves be burned again.

In a democracy the majority wins. At the dawn of the Republic, John Adams warned about "the tyranny of the majority."

Any appellate judge will tell you that there are some decisions "that just won't write". A judge will vote for a particular outcome, be assigned the opinion, and then find that he or she is unable to support the outcome and switches sides.

By MARK SHERMAN, THE ASSOCIATED PRESS WASHINGTON -- Chief Justice John Roberts could have taken down the entire, massive health care law that his f...

WASHINGTON — Chief Justice John Roberts could have taken down the entire, massive health care law that his fellow Republicans deride as "Obamaca...

The Supreme Court held up the individual mandate of the ACA as a constitutionally valid exercise of Congress's taxing power. The "mandate" is not a requirement that you do anything. Stripped of labels, the only "mandate" is to pay your tax bill.

We could learn a lot from the election of 1912 where a third and fourth party shook up the foundations of corporate control. It's a disgrace that 100 years ago the United States could run an election with far greater choices than it is capable of running today.

Studies show that, in the past, the solicitor general wins most of his cases. When he is a party to a Supreme Court case, the solicitor general wins nearly 70 percent of the time. This term that number looks to flip.

WASHINGTON -- The U.S. Chamber of Commerce is undefeated at the Supreme Court this term, continuing to improve its success in securing business-friend...

Progressives need to get over their recent attachment to the courts as an institution and recognize that unelected judges have overwhelmingly been the enemy of civil rights and economic justice in this nation.

WASHINGTON -- "I win. Every time." So said Chief Justice John Roberts during Supreme Court argument Wednesday afternoon, stepping into the shoes of so...

One can hope Justice Kennedy's approach of seeing the world as it really functions, and not through ideological glasses, will incline him to be a swing vote to affirm the constitutionality of imposing insurance obligations for health care.

WASHINGTON — The Supreme Court led by Chief Justice John G. Roberts Jr., the conventional wisdom goes, is exceptionally supportive of free speech. L...

Justice Clarence Thomas was sworn in to the Supreme Court on Oct. 22, 1991, and for the rest of the '90s could be counted on to chime in a few times a...

Judges purporting to engage in originalist analysis often project onto the Framers their own personal and political preferences. The result is an unprincipled and often patently disingenuous jurisprudence.

Many Americans were surprised by the Citizens United decision, and a few recognized it for what it was -- the inevitable conclusion of a four-decade-long strategy.

The court has been notably activist, overturning precedent that has been on the books for decades in areas ranging from campaign finance to antitrust. When the Supreme Court is so willing to overturn precedent, what is the law?

For months the punditry and chattering classes have promised a democratic debacle on November 2. If we sit on our hands, they will be proven right, de...

Rather than refute John Roberts' "balls and strikes" analogy, I think we should embrace it. We should repeat it emphatically. You bet judges are like umpires. You bet they should just call balls and strikes.

WASHINGTON — Bowtie-wearing lawyers and spectators dotted the U.S. Supreme Court chamber on Monday, a nod to retiring justice John Paul Stevens ...

Sen. Al Franken (D-Minn.) railed against the Supreme Court in a speech to progressive legal scholars Thursday night, declaring that "the Roberts Court...