Don't Underestimate Clarence Thomas
Justice Thomas' footprints are all over the Court's recently concluded term.
Judiciary
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.
Ketanji Brown Jackson To Become 104th Associate Justice Thursday At Noon
The Supreme Court announces when Judge Jackson will become Justice Jackson.
Final Supreme Court Opinions Tomorrow, Followed by Justice Breyer's Retirement at Noon
There are only two argued cases left for decision -- the last two to be decided with Justice Breyer on the Court.
Are a Majority of D.C. Circuit Judges Republican Appointees? The NYT Thinks So [Updated]
A New York Times piece on conservative legal challenges to climate regulations characterizes the balance of the D.C. Circuit in a most unusual way.
Justice Sotomayor Defends Justice Thomas
In remarks to the American Constitution Society, Justice Sonia Sotomayor shares her thoughts on the senior-most Associate Justice.
What's Wrong With That Footnote? It's Only Seven Words Long!
Chief Justice Roberts refuses to join a wee little footnote in a Justice Barrett opinion.
Barrett v. Gorsuch—Continued
Justice Gorsuch has dissented from two-thirds of Justice Barrett's majority opinions this term.
Can a State-Funded Charter School Require Female Students to Wear Skirts?
Perhaps the real question is whether such a school is a state actor for purposes of Section 1983. The en banc Fourth Circuit says it is, so that a skirt requirement for girls is unlawful.
Barrett v. Gorsuch
Justice Amy Coney Barrett and Neil Gorsuch are disagreeing more than you might think, but Justice Barrett appears to have the upper hand.
The Least Productive Supreme Court Ever?
The justices hear fewer cases and decide fewer questions than they used to.
How Far Behind Is the Supreme Court?
We will get opinions on Monday, but the Court will have to average more than two opinions per day to finish before July 4.
Free PACER! (Or At Least Free PACER Docket Searches)
The judicial conference endorses making PACER searches free for non-commercial users.
A Former Public Defender Joins the Supreme Court
Newly confirmed Supreme Court Justice Ketanji Brown Jackson has a good track record on cases involving qualified immunity.
Further Thoughts on the Dobbs Leak
There is much, much less in the leaked draft than meets the eye
May the President Prospectively Appoint a Supreme Court Justice to a Seat that Is Not Yet Vacant? (Updated)
A newly released memo from the Office of Legal Counsel suggests the answer is "yes."
Ketanji Brown Jackson's 'Partial Tribute to the Judicial Philosophy of Originalism' Earns Conservative Praise
“I believe that the Constitution is fixed in its meaning,” said the Supreme Court nominee.
3 Questions for Supreme Court Nominee Ketanji Brown Jackson
The SCOTUS contender should discuss her views on congressional power, unenumerated rights, and qualified immunity.
