Instead, a majority of the justices sent the case back to the Fifth Circuit for a do-over, explaining that in affirming the District Court’s decision, the lower court hadn’t held the university to the ...

The question is on strict scrutiny vs. rational basis. The industry wants the “strict scrutiny” standard to apply — meaning government restrictions on speech must be both backed by a ...

In Paxton, the porn industry asked the U.S. Supreme Court to apply the most rigorous standard of judicial review—strict scrutiny—to Texas’s age-verification law for porn sites. Strict ...

The Supreme Court did the right thing by upholding affirmative action -- but by pretending that racial preferences don't harm anyone, it showed that America still can't talk straight about race.

In this post, I'll give you Part II, "Erotic-Expression Taxes and Content Discrimination", which explains why erotic-expression taxes should be subject to strict scrutiny. (The article obviously ...

The Iowa Supreme Court upheld the constitutionality of a state law 4-3 on Friday limiting gun rights to people who were ...

Kansas lawmakers are considering a constitutional amendment to explicitly apply strict scrutiny to gun rights, even though a recent court ruling suggests it already applies. The proposed amendment ...