Looking Back on the Supreme Court's 2022-23 Term
Some end-of-term comments and an assessment of my end-of-term predictions.
Law & Government
The Irony of Department of Education v. Brown - the Other Student Loan Forgiveness Case Decided by the Supreme Court Yesterday
The Court unanimously ruled the plaintiffs in that case lacked standing. But they might end up getting what they wanted more fully than anyone else involved in the legal battle over student loan forgiveness.
My CNN Article on "Why the Supreme Court Got it Right on Student Loans"
The article goes over the main reasons why the Court's decision was justified.
Biden Says He Will try to do Student Loan Forgiveness Under the Higher Education Act of 1965
The administration will try this pathway as an alternative to the HEROES Act of 2003, which pathway was shut down by today's Supreme Court decision.
President Biden: Supreme Court Is Not "Normal," But Should Not Be Expanded
The President strongly criticized the Supreme Court's recent decisions, but refuses to endorse radical reform.
The Lower Court "Found that [Defense Lawyer's] Comments Played on Stereotypes About the 'Angry Black Woman'"
"and the 'victimhood' of white women." "In support of its decision, the court ... pointed to defense counsel's description of Henderson as 'quite combative' on the witness stand and her description of Thompson as 'intimidated and emotional about the process.'"
Colorado Can't Force a Graphic Designer To Create Same-Sex Wedding Websites, Supreme Court Rules
The decision reverses a terrible previous decision by the 10th Circuit Court of Appeals.
Supreme Court Rules Against Biden's Student Loan Forgiveness Plan
The Court ruled the plan is illegal, and that at least one plaintiff (the state of Missouri) has standing.
Supreme Court Clarifies 'Undue Hardship' Standard for Religious Accommodations in the Workplace
Plus: Perspectives on the affirmative action ruling, how U.S. policy is thwarting Cuban capitalists, and more...
The Green Police Are Coming for New York Pizza
Environmental activists expect us to modify our lifestyles to meet their priorities.
"The Family Court Erred in Finding [Lawyer] in Criminal Contempt …"
"at a hearing in which the judge’s impartiality and temperament were questioned.”
The "Look Before You Leap" Principle
and other matters from the latest episode of Divided Argument
The Next President Needs To Cut Spending
At a minimum, the national debt should be smaller than the size of the economy. A committed president just might be able to deliver.
The Unsurprising Affirmative Action Decision in Students for Fair Admissions v. Harvard
The Court's core ruling is unsurprising, but its future effects are uncertain.
CBO Projects Huge Deficits, $116 Trillion in New Borrowing Over the Next 30 Years
A new Congressional Budget Office report warns of "significant economic and financial consequences" caused by the federal government's reckless borrowing.
S. Ct. Unanimously Broadens (Somewhat) Employees' Rights to Religious Exemptions from Neutral Work Rules
The decision, which interprets Title VII's reasonable accommodation provision (enacted in 1972), applies to private employees as well as government employees.
Rent Control 2.0 Looks a Lot Like Rent Control 1.0
Rent control is getting a rhetorical makeover from progressive policy makers.
Steve Calabresi on Moore v. Harper
Leading originalist constitutional law scholar comments on the Supreme Court's recent rejection of independent state legislature theory.
Prison Ministry Group Sues Indiana Jail for Banning Amazon Books
The lawsuit claims the ban has no "legitimate penological justification"
Canada Is Poaching America's High-Skilled Foreign Workers
It’s an entirely predictable consequence of an inhospitable immigration system.
Supreme Court Refuses To Expand the 'True Threats' Exception for Free Speech
Plus: Maine prostitution measure becomes law, "significant misconduct" in jail where Epstein hung himself, Mike Pence defends free markets, and more...
Alabama Isn't Ready To Kill Inmates By Nitrogen Hypoxia. It Wants To Try Anyway.
James Barber is set to be killed next month, the first execution after a string of botched lethal injection executions in the state.
Supreme Court Confirms That State Legislatures Can't Ignore the Constitution When Writing Election Rules
Chief Justice John Roberts decisively rejected the independent state legislature theory.
Ron DeSantis' Border Plan: Invade Mexico, Shoot Drug Smugglers, End Birthright Citizenship
The 2024 hopeful has put together a platform full of big-government action.
Why a Supreme Court Justice Who Always Votes for One Type of Litigant isn't Necessarily Biased
Justice Gorsuch has never voted against Native American interests in a Supreme Court case. But that probably isn't because he's biased in favor of Indians. He simply believes that much existing precedent in this field is biased the other way.
Oregon Partially Repeals Ban on Adults Fueling Their Own Cars
After many failed efforts at reform, the Oregon Legislature has passed a bill allowing gas stations to designate up to half their pumps as self-service.
Federal Judge Blocks Florida's Anti-Drag Law
The ruling is the latest in a series of legal defeats for anti-drag laws.
How Other Countries Benefit From America's Dysfunctional Immigration System
The U.S. is keeping talented foreigners away—and failing to retain them.
Supreme Court to Consider Scope of Congress's Taxing Power under the 16th Amendment
The question presented is whether the 16th Amendment authorizes Congress to tax unrealized sums without apportionment among the states.
"The Neglected Value of Effective Government," by Prof. Rick Pildes (NYU)
"How law and policy have undermined the ability of government to deliver both large-scale policies and a range of public goods."
What's Left Standing of Special Solicitude for States After U.S. v. Texas?
The Supreme Court did not overturn the standing holding of MAssachusetts v. EPA, but it may have left it on life support.
Bombing Mexican Cartels Won't Stop Fentanyl
A Republican-sponsored resolution would authorize the president to "use all necessary and appropriate force" against foreigners involved in fentanyl trafficking.
D.C. Circuit Affirms Dismissal of Bivens Claims Over Clearing of Lafayette Park
Applying settled precedent, the court bars a Bivens action, but Judge Walker suggests a possilble alternative.
Judge Dave Retires from the Bench
The Honorable David B. Sentelle has heard his last case.
Predicting Case Authors and Outcomes as the Supreme Court Hits the Home Stretch
Some worth-what-you-paid-for-them predictions for the final(?) week of SCOTUS opinions.
Police Let Their K-9 Maul on the Wrong Guy. They Arrested Him Anyway.
The city says the man's injuries were "caused solely as a result of his own acts or omissions."
Sixth Circuit Upholds Sanctions Against Kraken Attorneys for Michigan Filings
The sanctions imposed on Sidney Powell and other attorneys raising frivolous challenges to the 2020 election were narrowed and slightly reduced, but largely upheld.
Supreme Court Rejects 'Extraordinarily Unusual' Case Against Biden's Deportation Policy
Today’s decision “is narrow and simply maintains the longstanding jurisprudential status quo,” wrote Justice Brett Kavanaugh for the majority.
Massachusetts District Attorney Sued for Refusing To Release Names of Problem Cops
Massachusetts reformed its notoriously bad public records laws in 2020, but reporters are still fighting to get the police misconduct files they're legally entitled to.
Supreme Court's Sidestep Leaves Native Kids Without Answers
While intended to keep Native families together, the ICWA subjects American Indian children to a lower level of protection than is enjoyed by non-Native kids.
Supreme Court Rules Red States Lack Standing to Challenge Biden Immigration Enforcement Guidelines
The 8-1 decision is a major win for Biden and executive enforcement discretion. I think the Court got the right result, but for the wrong reasons.
