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.
Judiciary
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.
Roberts' Rules for Defending Judicial Independence and the Rule of Law
The Chief Justice is more consistent than his critics, left and right.
David Souter Shaped the Supreme Court Through the Backlash He Inspired
The late justice was appointed by a Republican but quickly established himself as a judicial liberal.
Homer Nodded in the U.S. Reports
How the phrase ended up in an opinion after it had been omitted.
America First Legal Foundation v. Chief Justice John Roberts
A FOIA lawsuit that seeks executive branch control over the Judicial Conference of the United States and Administrative Office of the United States.
President Trump Makes First Judicial Nomination of Second Term
President Trump's first judicial nomination of his second term clerked for Justices Alito and Barrett (and then-Judge Kavanaugh)
This Is Not the 5-4 Supreme Court Split You Were Looking For
A statutory interpretation case, involving national emergencies, splits the justices in an unusual way.
Trump's Attack on the Courts Channels the Worst of Theodore Roosevelt
An unconstitutional act is still unconstitutional even if lots of people support it.
Trump's War With the Courts
Plus: A listener asks why some American libertarians seem to unquestioningly accept everything Vladimir Putin says.
Trump's Reading of the Alien Enemies Act Defies the Usual Meaning of Its Terms
To justify the immediate deportation of suspected Venezuelan gang members, the president is invoking a rarely used statute that does not seem to apply in this context.
Trump's Judge Bashing Provokes a Rebuke From Chief Justice John Roberts (Again)
"Impeachment is not an appropriate response to disagreement concerning a judicial decision," Roberts noted after Trump said federal judges who impede his agenda should be fired.
Chief Justice Roberts' Remarks on Threats to Judges
In 2020, the Chief Justice condemned Senator Schumer's "dangerous" remarks.
Republicans May Regret Undermining Judicial Independence
Threats to impeach federal judges who rule against the government are a naked attack on their constitutionally crucial function.
Judicial Conference Recommends 71 New Judgeships, Including Two on the Ninth Circuit
The Judicial Conference again asks Congress to create more judicial seats to address judicial backlogs.
Where Did All the Summary Reversals Go?
Why is the Supreme Court issuing fewer summary reversals? Is Justice Barrett the reason?
The Danger of Trump Disobeying Court Orders [Updated]
The administration may be moving in that direction. If it does so and gets away with it, the consequences are likely to be dire.
Calls for Popular Constitutionalism in the Rear-View Mirror
Suggestions that the Executive Branch Ignore Federal Court Rulings May Look Different Today than When They Were Proposed.
This Judge Tried To Get Out of Jury Duty by Saying Everyone Appearing Before Him Is Guilty
"I know they are guilty," otherwise "they would not be in front of me," said town justice Richard Snyder, who resigned in December.
Justice Thomas Is Not Happy with the Sixth Circuit (Again)
A dissent from the denial of certiorari in another Sixth Circuit Habeas case.
Why Did the D.C. Circuit Make It More Difficult to Find Opinions? -- Redux [UPDATED]
A good example of why the D.C. Circuit's website upgrade was actually a step backwards.
Rights and Wrongs of Chief Justice Roberts' Year-End Report on the Judiciary
Roberts identifies genuine problems, but little in the way of good solutions. He also sometimes overlooks ways in which the Supreme Court is partly responsible for the challenges the judiciary faces.
White House Vetoes Bipartisan Bill to Create Needed Judgeships
It is apparently unacceptable that some of the new judges would be appointed by a Republican.
Congress Passes Legislation to Create Needed Judgeships, but Biden May Veto
There was bipartisan support for the JUDGES Act, but the election results appear to have changed that.
Federal Courts Still Lack Authority to Issue Advisory Opinions
The U.S. Court of Appeals for the Sixth Circuit reminds us that there are limits to Article III.
Federal Judge Rescinds Decision to Take Senior Status
Donald Trump will have at least one less federal district court vacancy to fill.
Arizona Voters Keep Libertarian Supreme Court Justice Clint Bolick
He’ll be around to protect our freedom for a few more years.
Why Has the D.C. Circuit Made It More Difficult to Find Opinions? [Updated]
A recent website "upgrade" is not an improvement.
Justice Kagan Does Not Like INS v. Chadha
Another interesting aside in the Royal Canin oral argument.
Justices Alito and Sotomayor on How Courts Read Dicta
An amusing and potentially revealing exchange in a recent oral argument.
The First Real Judicial Filibuster
Remembering the first time a partisan Senate minority blocked a judicial nomination that enjoyed majority support.
