John E. Jones III

Will Americans be able to vote by mail in the 2026 midterm elections? Liliboas iStock/Getty Images Plus

Supreme Court to decide on whether Trump’s voting‑by‑mail rules can go into effect – but might not rule yet on whether they’re constitutional

How will the Supreme Court justices approach the vote-by-mail case that concerns the most fundamental right in a democracy, the right to vote? A former federal judge weighs in on their task.
Workers in the vote-by-mail processing area at the Orange County Registrar of Voters in Santa Ana, Calif., on May 27, 2026. Paul Bersebach/MediaNews Group/Orange County Register via Getty Images

Mail‑in voting: Trump administration appeals to Supreme Court to revive executive order setting limits, rejected by lower courts

The U.S. Constitution gives states control of elections. An executive order by President Donald Trump aims to take away that control and limit mail-in voting. The Supreme Court will now weigh in.
Mail-in ballots in their envelopes await processing at the Los Angeles County Registrar-Recorder’s mail-in ballot processing center in Pomona, Calif., on Oct. 28, 2020. Robyn Beck / AFP via Getty Images

Why Trump can’t just decree changes to voting by mail – a former federal judge explains how the president’s executive order is ‘a solution looking for a problem’

The US Constitution gives states control of elections. An executive order by President Trump aims to take away that control. A former federal judge says a president can’t just deny the Constitution.
The wall between church and state appears increasingly thin. hayesphotography/iStock Getty Images Plus

Why Pete Hegseth’s Pentagon prayer services challenge traditional notions of separation of church and state – but might be blessed by the Roberts Supreme Court

When government officials hold prayer services, quote scripture and engage in religious proselytizing at the workplace, is it religious freedom – or an old-fashioned First Amendment violation?
Turns out, grand juries − usually rubber stamps for prosecutors − might not indict a ham sandwich. ilbusca/iStock Getty Images Plus

Trump administration losing credibility with judges and grand juries – a former federal judge explains why this is ‘remarkable and unprecedented’

Grand juries, historically rubber stamps for prosecutors’ attempts to indict, are rejecting the Trump administration’s moves to indict the president’s perceived enemies. That’s unprecedented.
Teyana Gibson Brown, wife of Liberian immigrant Garrison Gibson, reacts after a federal immigration officer arrested her husband in a warrantless raid in Minneapolis, Jan. 11, 2026, in what a judge later ruled was a violation of Gibson’s Fourth Amendment rights. AP Photo/John Locher

‘We want you arrested because we said so’ – how ICE’s policy on raiding whatever homes it wants violates a basic constitutional right, according to a former federal judge

Since the republic’s beginning, it has been uncontested law that to invade someone’s home, the government needs a warrant reviewed and signed by a judicial officer. ICE is turning that law on its head.
The U.S. Constitution’s first three articles are getting a lot of attention these days. giftlegacy, iStock/Getty Images Plus

Federal judges are frustrated by defiance from the Trump administration and fuzziness from the Supreme Court

You’re probably hearing references in the news to “Article 1,” “Article 2” and “Article 3.” Why are phrases usually associated with discussions of constitutional law now cropping up in politics?
‘You just didn’t mess around with federal judges,’ says a former federal judge. ‘It was a good way to get your head handed to you.’ sesame, DigitalVision Vectors/Getty Images

‘I never issued a criminal contempt citation in 19 ½ years on the bench’ – a former federal judge looks at the ‘relentless bad behavior’ of the Trump administration in court

‘It’s one big show of contempt for the court,’ says a former federal judge about the Trump administration’s handling of two cases related to its deportation of noncitizens to an El Salvador prison.
Michael Cohen leaves his home to attend his second day of testimony at Manhattan Criminal Court on May 14, 2024, in New York City. David Dee Delgado/Getty Images

A silent Trump with eyes closed and a convicted liar on the stand − 2 experienced observers of Trump’s criminal trial discuss what stands out

Lying liars and closed eyes − both played roles in the most recent chapter of former President Donald Trump’s criminal trial in New York City.
Even a day before the oral arguments, a line had formed outside the Supreme Court to sit in on the court’s session. AP Photo/Jose Luis Magana

‘Look for a reversal in a fairly short period of time’ − former federal judge expects Supreme Court will keep Trump on Colorado ballot

A retired federal judge examines the oral arguments the Supreme Court heard on a case in which Colorado has blocked former President Donald Trump from the ballot.

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