In Employment Division v. Smith, Justice Scalia identified the concept of hybrid rights: a restriction that targets two constitutional rights would be reviewed with heightened scrutiny. For example, a ...

Earlier this month, I filed suit against the U.S. Treasury to preserve Missouri's ability to cut taxes, ensuring that the federal government is kept in check—and illustrating the importance of the ...

Courtly Observations is a recurring series by Erwin Chemerinsky that focuses on what the Supreme Court’s decisions will mean for the law, for lawyers and lower courts, and for people’s lives. […] The ...