Listening to Justice Barrett
My review of Amy Coney Barrett's Listening to the Law.
Judiciary
Still the Stare Decisis Court (At Least For Now)
Even with a six-justice conservative majority, the Roberts Court has not (yet) increased the rate at which it overturns precedents.
Is the Supreme Court's Shadow Docket Causing a 'Judicial Crisis'?
Multiple judges say SCOTUS is going out of its way to grant emergency relief to the president without even bothering to explain why.
Trump's Art of the Deal for Peace in the Middle East
Plus: new tariff threats escalate China trade war, federal layoffs begin amidst the government shutdown, and Democrats face a candidate-quality crisis
Forum Shopping in the First Circuit
An interesting Reuters report on the new locus of lawsuits challenging the Trump Administration.
DCCHS Oral History of Justice Ruth Bader Ginsburg
A set of interviews with the late justice is now available
Do Federal Judges Believe We Are in the Midst of a "Judicial Crisis"?
Thoughts on the New York Times' Selective Survey of District Court Judges
Amy Coney Barrett Is Right To Reject 'Common Good Constitutionalism'
Limits on government power are a venerable and beneficial feature of our system.
Justice Kennedy on Originalism and Bush v. Gore
Interesting tidbits in an interview with Adam Liptak
Justice Barrett Is "Not Afraid"
A revealing interview with the Supreme Court's "Steel Magnolia."
On Common Good Constitutionalism: Vermeule Response to Barrett
A reply to the Associate Justice's recent remarks.
The Roberts Court at 20: Looking Back and Looking Forward
A recent panel discussion on the current Supreme Court.
After 20 Years as Chief Justice, John Roberts Is Now Friend and Foe to Executive Power
Which version of the chief justice will emerge in the Supreme Court’s newest term?
What Should We Call the "Shadow Docket"?
Should it be the interim docket? The emergency docket? The emergency orders docket? The short order docket? Something else?
Looking for Partisan Patterns in the Shadow Docket
The New York Times examines the "sharp partisan divides" on the Supreme Court's interim docket.
Welcome to the "Interim Docket"
Justice Kavanaugh on what to call the "shadow docket" now that it is no longer in the shadows.
Why Are There So Few Judicial Vacancies for President Trump to Fill?
There are fewer early-term vacancies than one might have expected.
Goldsmith's Sense and Edsall's Nonsense about the Supreme Court (Updated)
A New York Times column on the Supreme Court offers a misleading picture and errant analysis.
On the Status of Judicial Independence in the American Constitutional Order
My new paper on judicial independence as a constitutional construction.
Are Opinions Respecting En Banc Denials "Offensive to Our System of Panel Adjudication"?
The judges on the U.S. Court of Appeals for the Sixth Circuit split over whether they should write about the reasons for their splitting over en banc review.
Divided D.C. Circuit Panel Nixes Judge Boasberg's Criminal Contempt Order Against Trump Administration
Judge Katsas and Judge Rao disagreed on the reasons, but both agreed that Judge Boasberg overstepped; Judge Pillard dissented.
Will the Sixth Circuit Get a Summary Reversal in Another Habeas Case?
In Chandler v. Brown, the Sixth Circuit may have been too quick (again) to grant a habeas petition.
Are We Witnessing "Appeasement"? A Reply to Steve Vladeck
A defense to Steve Vladeck's critique and a brief comment on Adrian Vermeule's related op-ed in the New York Times.
Justice Kavanaugh on the Peril of Writing Shadow Docket Opinions
Rushing out opinions can lock in erroneous conclusions and create problematic precedent.
Mistaking Adherence to Formalist Principle for Appeasement
The Supreme Court's critics are too quick to assume the Court's orders are motivated by political considerations as opposed to principle.
Universal Injunctions Are Dead; Long Live Universal Remedies?
Trump v. CASA was important, but it is not clear district courts have gotten the message.
Judicial Nominee Emil Bove Can't Recall Whether He Said the DOJ Might Say 'Fuck You' To Court Orders
The alleged incident goes to the heart of the objections raised by critics who worry about Bove's respect for the rule of law.
Brazil's Rogue Court Is Receiving Global Blowback
Brazil’s judiciary has abandoned neutrality, with sweeping crackdowns on speech and political rivals. A U.S. tariff response signals the crisis has gone international.
Senate Confirms First Judicial Nominee of Trump's Second Term. How Many More Will Follow?
Indications are that the second Trump Administration will not have as significant an effect on the Courts as the first.
What Do Progressives Want for the Courts?
There's a tension between Progressives' efforts to delegitimize the courts and hopes the judiciary to constrain executive power.
Justice Jackson Wants People to Focus on "What Is Happening in Our Country and in Our Government" (Updated)
Justice Jackson Sees Her Colleagues' Rulings As Threats to Democracy and the Rule of Law
The Republican-Appointed Judge Decrying Trump's 'Deeply Disturbing' Attacks on the Rule of Law
When Arizona Supreme Court Justice Clint Bolick is worried about our constitutional order, we should all pay heed.
Federal Courts May Not Be Denny's, But They Are Open 24/7/365
Justice Kavanaugh's Trump v. CASA concurrence appears to reply to Judge Ho.
Justice Kagan on Universal Injunctions in 2022
Justice Kagan said "it just can't be right" that a single court judge can stop a federal policy in its tracks nationwide.
Why Did Justice Kagan Write So Little This Term?
Other than the Chief, Justice Kagan wrote the fewest opinions.
Supreme Court Nukes Universal Injunctions (UPDATED)
Justice Barrett writes for the Court's majority that universal injunctions likely exceed the equitable power of federal courts.
Why MAGA Turned on Amy Coney Barrett
Plus: The Supreme Court upholds a state ban on transgender care for minors.
Supreme Court Rejects Constitutional Challenge to State Limits on Sex Transition Treatments for Minors
The Court's majority avoids the larger question of whether laws targeting transgender individuals should be subject to heightened scrutiny, but Justice Barrett did not.
What Have We Learned about Justice Barrett? (Updated)
Perceptions of Amy Coney Barrett may have changed more than her jurisprudence or voting record.
Does the Senate Reconciliation Bill Contain a Threat to Judicial Independence? Or Is It a Welcome Limit on Universal Injunctions?
The Senate has adopted its own version of a provision designed to limit preliminary injunctions against the federal government when no bond is posted.
Is the Business of the Roberts Court (Still) Business?
My contribution to an interdisciplinary symposium on "Donald J. Trump, the Supreme Court, and American Constitutionalism"
The Divisions Among the Court's Originalists
Professor Joel Alicea on how to understand what may be the most important jurisprudential divisions on the Supreme Court.
Is the Supreme Court Really That Divided? The Facts Say No.
Unanimous rulings on discrimination, guns, and religion once again challenge the common media narrative that the Court is hopelessly polarized.
Trump's Attack on the Federalist Society Is a Bad Omen for Originalism
The MAGA loyalty that Trump demands is anathema to everything that originalism is supposed to be about.
Is Justice Barrett "Solidifying Herself as the Swing Justice"?
Claims that Justice Amy Coney Barrett is at the center for the Court are not supported by the data. The truth is more complicated.
Do Lower Court Judges Time Their Decisions to Take Senior Status (or Retire) Based on Who May Replace Them?
This question can be informed by more than anecdote and intuition.
Does the Big, Beautiful Bill Contain a Threat to Judicial Independence? (Updated)
Is it a problem if a provision requires judges to comply with the Federal Rules of Civil Procedure?
Supreme Court Restores Maine Legislator's Voting Rights Pending Outcome of Appeal
The Maine legislature has sought to silence and disenfranchise one of its members due to objections to things she said.
