The justices appear to be trying to avoid a direct conflict with the Trump administration while also blocking certain ...

Brian Marks, a legal scholar at the University of New Haven, said the proposal runs counter to the very structure of American ...

If ever there was a case for nationwide injunctions, this is it. Trump’s executive order is unconstitutional on its face.

American novelists have often imagined presidents who seize power and defy the courts. Their lessons are sobering ...

The Trump Administration is stepping up its war on the rule of law. Is this bluster aimed at intimidating judges, or the ...

It is true that Chief Justice John Marshall's landmark 1803 ruling in Marbury v. Madison established that "it is emphatically the province and duty of the judicial department to say what the law is." ...

Marbury v. Madison, 5 U.S. 137 (1803). In Federalist #51, Publius asks: To what expedient, then, shall we finally resort, for maintaining in practice the necessary partition of power among the ...

Most notably, in the 1803 case of Marbury v. Madison, the Supreme Court had to decide whether it could order the secretary of state to deliver William Marbury’s commission as a justice of the ...