Biden Nominee to the First Circuit Faces Potential Democratic Opposition Over Abortion
A nominee's work defending a state parental-notification law in 2005 may be a stumbling block to his confirmation.
Judiciary
Justice Jackson Calls for Reining in the Use of Munsingwear Vacatur
The Court's newest justice questions whether her colleagues are too quick to vacate lower court decisions.
House Republicans Pass Bill To Prevent Federal Meddling in Online Speech
The bill is overbroad and could have unintended consequences.
A Consistent Approach to Protecting Judicial Review in Both the US and Israel
Why I oppose both right-wing efforts to neuter judicial review in Israel and left-wing attempts to do the same in the US.
On Universal Vacatur, the Supreme Court, and the D.C. Circuit
Thoughts on recent oral argument exchanges on whether the Administrative Procedure Act contemplates (let alone requires) universal vacatur.
An Unusual Supreme Court Split in Bittner v. United States
The Bank Secrecy Act divides the justices in an unusual way, and Justice Barrett authors her fourth opinion in an argued case.
Justice Jackson's First Opinion in an Argued Case
To the junior-most justice goes a case arising out of the Supreme Court's original jurisdiction concerning the Abandoned Money Orders and Traveler's Checks Act.
Today at the Supreme Court: Biden's Student Loan Cancellation Plan on Trial
The Supreme Court considers the scope of presidential power in Biden v. Nebraska and Department of Education v. Brown.
Has Justice Barrett Replaced Justice Ginsburg as the Court's Quickest Opinion Writer?
Justice Barrett has produced two majority opinions before most of her colleagues have produced one.
Should There Be Three-Judge Panels for National Injunctions
A proposal to limit state AG (and other) forum-shopping for national injunctions.
West Virginia Family Court Judge with History of Arranging Warrantless Searches Resigns
We may have finally discovered a limit to judicial immunity.
New Israeli Government's Judicial Reforms are not Anti-Democratic - But they May Create a Tyranny of the Majority
By destroying judicial review, they would empower the narrow right-wing majority to violate the rights of minorities.
Justice Barrett Authors First Supreme Court Decision of the Term
The Supreme Court has been slow to issue opinions this term, but the first opinion has finally been released.
Sentencing Commission Proposes Restricting Judges' Use of Acquitted Conduct
It may sound bizarre, but yes, you can be punished at sentencing for an offense you were acquitted of by a jury.
The Supreme Court Weighs State Sovereignty and the Status of Puerto Rico
The justices heard oral arguments in Financial Oversight and Management Board for Puerto Rico v. Centro de Periodismo Investigativo.
Just Ketanji Brown Jackson Lands Major Book Deal for Her Memoir
It is becoming a pattern for Supreme Court justices to make significant amounts of money by publishing books.
Don't Underestimate Clarence Thomas
Justice Thomas' footprints are all over the Court's recently concluded term.
The New Yorker Profiles "The Conservative Who Wants to Bring Down the Supreme Court."
Jonathan Mitchell failed in his effort to become a legal academic, so he put his theories into practice instead.
Justice Sotomayor Tells Law Professors She Felt "Shell Shocked" After Last Supreme Court Term
A brief report on Justice Sonia Sotomayor's remarks to the Assocation of American Law Schools conference.
En Banc Eleventh Circuit Rejects Legal Challenge to School District's Bathroom Policy
The Appeals Panel Rejects a Trangender Student's Bid to Use Bathroom Corresponding to the Student's Gender Identity Instead of Biological Sex.
SCOTUS in Fall 2022: Longer Arguments, Fewer Opinions
The Supreme Court's oral arguments have become significantly longer, but the Court has yet to issue an opinion on the merits so far this term.
Judge Rules Illinois' Elimination of Cash Bail Unconstitutional
The governor and attorney general say they’ll appeal to the state Supreme Court.
Should Justices Sotomayor and Kagan Retire?
A progressive makes the case the two justices should step down within the next two years so that President Biden may appoint their successors with a Democratic Senate.
Divided D.C. Circuit Reaffirms F.E.C.'s Enforcement Discretion
A split U.S. Court of Appeals for the D.C. Circuit denied an en banc petition challenging the Federal Election Commission's failure to pursue claims against New Models.
What Happened When Mark Joseph Stern Interviewed Judge William Pryor
Slate's legal correspondent questioned the Chief Judge of the U.S. Court of Appeals for the Eleventh Circuit about the Federalist Society.
Is Justice Jackson the "De Facto Leader" of Progressive Originalists?
Originalist scholar Larry Solum suggests KBJ could be the Left's Antonin Scalia.
Eleventh Circuit Quashes Trump Effort to Block Federal Government Access to Mar-a-Lago Documents
In a brief and forceful opinion, a unanimous court explains why the trial court never had jurisdiction to consider Trump's filings in the first place.
A Pivotal Pick for the Ohio Supreme Court
Ohio Governor Mike DeWine's appointment to the Supreme Court will dertermine the orientation of the Ohio Supreme Court.
Supreme Court Turns Down Opportunity to Reconsider Three More Precedents
Justices Thomas and Gorsuch have a much greater appetite for reconsidering prior precedent than the other justices do.
Sixth Circuit Holds Deposition Testimony Does Not Waive Fifth Amendment Right Against Self-Incrimination
A divided panel concludes that government officials forced to testify at Flint Water Crisis civil trial did not waive their constitutional right against self-incrimination just because they had answered questions in depositions.
A Step Backwards for Cameras in the Courtroom
Supreme Court protesters may get their moment of fame, but they may make it less likely the justices will allow live video broadcast of oral arguments.
Judge Bibas on "Judges Gone Wild"
The federal appellate judge suggests judges should focus less on social media attention, and more on ensuring their opinions are clear, succinct and correct.
Forget "Your Honor," Just Call Him "Judge"
The Honorable Ben Beaton would prefer not to be called "Your Honor."
Could the Supreme Court Decide Moore v. Harper on Statutory Grounds?
An amicus brief by Professor Derek Muller suggests the justices need not confront the "Independent State Legislature" doctrine head on.
Could Failure to Inform Insurer of Affirmative-Action Lawsuit Cost Harvard $15 Million?
Pro-tip: If you are sued, and you expect your insurer to pick up the bill, it is a good idea to give them timely notice.
Justice Department Takes Aim at Judge Cannon
In its latest filing, the Department of Justice seeks to put an end to Judge Cannon's interference with the federal government's investigation documents kept at Mar-a-Lago.
Justice Jackson Sets Record for New Justice in October Arguments (Updated)
The Court's newest justice was an extremely active questioner during the Supreme Court's October arguments.
Supreme Court Turns Away Trump Effort to Keep Government from Reviewing Documents Seized from Mar-a-Lago
An unsurprising development in the former President's latest legal doings.
President Likens Supreme Court to an "Advocacy Group"
As the election approaches, the President sharpens his criticism of the Supreme Court.
Eleventh Circuit Grants Stay of Trial Court Order Blocking Access to Mar-a-Lago Documents
An appellate panel thoroughly dismantles Judge Cannon's order blocking Department of Justice access to documents President Trump kept at Mar-a-Lago.
Did Nina Totenberg Have a Conflict of Interest in Covering Justice Ginsburg?
Based upon Totenberg's new book, a prominent legal ethicist thinks the conflict was a real one.
Yep, Forcing Employers To Pay for Drugs That Violate Their Consciences Is Still Prohibited by Federal Law
A judge sided with a plaintiff who objects to procuring coverage for HIV-prevention medications. Rightly so.
Will Biden's Student Loan Debt Cancellation Plan Hold Up in Court?
The president claims broad authority to act under a post-9/11 law.
A Florida Appeals Court Denied a Parentless Minor a Waiver of Parental Consent for an Abortion
The case shows the power given to judges when parental consent or notification is required for a minor's abortion.
Justice Breyer's Final(?) Majority Opinion Is A Win For Federal Power
Justice Breyer consistently resisted conservative efforts to constrain federal power, so his opinion in Torres is a fitting swan song.
