SCOTUS Saves Birthright Citizenship
Robby Soave and Amber Duke discuss the Supreme Court’s rulings on birthright citizenship and transgender athletes.
Judiciary
D.C. Circuit Rejects Challenge to Trump Administration Expedited Removal Policy (Is an En Banc Petition to Follow?)
Is the D.C. Circuit willing to allow "conservative" panel decisions on hot-button issues to stand? And is en banc review more than a way to ensure further review at One First Street?
The Most Interesting Supreme Court Opinion Line-Up You Will See This Year
Leave it to the Rooker-Feldman doctrine to divide the justices in an unusual way.
DOJ Claim That Trump Could 'Bulldoze' Statue of Liberty Fits a Pattern
It's the latest example of Justice Department attorneys claiming broad and unreviewable powers for the president.
Will the Supreme Court Review Judge Newman's Stealth Impeachment?
The Court should grant cert on the important separation of powers issue raised by her long-running, allegedly "temporary suspension" from case assignments.
Vladeck v. Adler on the Shadow Docket
A discussion of the Supreme Court's "Shadow Docket" on the We the People Podcast.
Elected Pennsylvania Supreme Court Justice David Wecht Switches from Democrat to Independent
"It is my hope that Pennsylvanians, and Americans, of all viewpoints and backgrounds will oppose and resist the scourge of Jew-hatred before it undermines what our ancestors have built here."
Justice Neil Gorsuch: 'Aspirations for Power Need To Be Checked'
The Supreme Court justice discusses the Declaration of Independence, how unchecked power threatens liberty, and what the Founders can teach future generations.
Justice Breyer Says Not to Worry about the Shadow Docket
A retired liberal justice does not credit the shadow docket hysteria, nor does former Judge Michael McConnell
Do the Supreme Court "Shadow Papers" Reveal Supreme Court Hypocrisy?
William Baude and Richard Re respond to a common narrative
What Would It Take to Tame the "Shadow Docket"?
Those who don't like how the Supreme Court handles requests for interim relief might like solutions to the problem even less.
Stephanie Barclay on "The Emergency Docket's Mistaken Birthday"
Contrary to what some believe, the Clean Power Plan was not the first executive branch action stopped on the "Shadow Docket."
Reading the Clean Power Plan "Shadow Papers" in Context
More of what's been absent from discussions of the recently released Supreme Court memoranda, with commentary by Davis and Re.
Jack Goldsmith on the NYT and the Leaked Supreme Court "Shadow Papers"
A critique of the New York Times "unfortunately tendentious reporting about the memoranda."
"The Biggest Scandal Here Is In Fact the Leaks Themselves"
The leak of internal Supreme Court memos could affect how the Court operates.
"The Docket that Shall Not Be Named"
A discussion of the [shadow/interim/emergency/other] docket with Professor Kate Shaw.
The Supreme Court Just Struck Down Trump's 'Emergency' Tariffs
"There is no exception to the major questions doctrine for emergency statutes," wrote Chief Justice John Roberts.
Judging the Alito Retirement Rumors
Is the conservative Supreme Court justice planning to retire this year?
Judicial Retirements Are Not Always What They Seem
A judge blamed Trump for his decision to leave the bench, but it also terminated a misconduct inquiry.
Judicial Misconduct Complaint Against Judge Boasberg Dismissed
Judge Sutton concludes there was not much to the complaint submitted by the Department of Justice.
The Samuel Alito Nomination -- Twenty Years Later
A judicial appointment that began the Supreme Court's transformation.
Is the Fourth the New Ninth? - 2026 Update
Another summary reversal of a Fourth Circuit AEDPA decision.
Justice Sotomayor Authors First Opinion of Supreme Court's October 2025 Term
Contrary to widespread speculation, the Court's first opinion of an argued case concerned neither Trump's tariffs nor voting rights.
Does the Supreme Court Favor the Rich?
The NYT profiles a sloppy and highly problematic empirical study of the Supreme Court.
3 Areas Where the Courts Pushed Back Against Trump's Attempts To Avoid Judicial Review in 2025
The president asserted broad powers to deport people, impose tariffs, and deploy the National Guard based on his own unilateral determinations.
These Progressives Seek to 'Disempower' the Courts
Is unfettered majority rule actually a good idea for the left to embrace?
Refusing To Let Trump Deploy the National Guard in Chicago, SCOTUS Adds a New Wrinkle To the Debate
The justices suggested the president is misinterpreting "the regular forces," a key phrase in the statute on which he is relying.
Demand Justice Targets Democrats Over Judicial Nominees
The progressive advocacy group thinks voting for any Trump judicial nominees is inexcusable.
No, SCOTUS Did Not 'Invent' Judicial Review in Marbury v. Madison
The Supreme Court’s power to nullify legislative and executive acts is inherent in the Constitution.
A Case That Briefly United Clarence Thomas and Sonia Sotomayor
Plus: Jimmy Cliff, RIP.
Is the Fourth Circuit the New Ninth?
Could today's summary reversal be a sign of things to come?
Listening to Justice Barrett
My review of Amy Coney Barrett's Listening to the Law.
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?
