Bray and Bagley on Trump v. CASA
Two worthwhile commentaries on the Supreme Court's decision to curtail universal injunctions.
Ketanji Brown Jackson
Justice Barrett on Justice Jackson in Trump v. CASA
The two newest justices spar over universal injunctions.
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.
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.
School Choice Could Defuse Culture War Fights
A Supreme Court case about religious parents' rights underscores a deeper problem: Without choice, public schools become a culture war battleground with no exit.
Justice Jackson Authors First Decision of OT2024
The junior justice authors a unanimous immigration law decision for the first of the term.
Justice Jackson Shares Her Concerns about Trump Immunity Ruling
In the same week that Jack Smith refiles his Trump Indictment, Justice Jackson talks about the SCOTUS decision that made refiling necessary.
Biden's Supreme Court Reforms Are Unnecessary and Wrong
The Supreme Court is not as “extreme” or divided as it may seem.
Ketanji Brown Jackson Joins Conservative Justices in Upending Hundreds of January 6 Cases
Her concurrence is a reminder that the application of criminal law should not be infected by personal animus toward any given defendant.
Why Are Liberals Suddenly Denouncing the Right to a Jury Trial?
Justice Sonia Sotomayor called the Supreme Court ruling in SEC v. Jarkesy "a power grab." She's right, but in the wrong way.
The Supreme Court Isn't as Radical as You Think
There is a great deal of panic surrounding the "extreme" nature of the current Court. But that is often not based in reality.
The Supreme Court Again Strengthens the Right to a Jury Trial in Criminal Sentencing
Paul Erlinger was sentenced to 15 years in prison based largely on a determination made by a judge—not a jury.
'Hamstringing the Government': A Viral Narrative Distorts Ketanji Brown Jackson's Understanding of Free Speech
If partisans have one thing in common, it's confirmation bias.
Justice Jackson Really Does Not Like Munsingwear Vacatur
Justice Jackson notes her objection to the Court's standard practice of vacating lower court decisions rendered moot by the prevailing party below.
A Troubling Supreme Court Habeas Decision
The Supreme Court was wrong to deny relief to a man imprisoned for activity that Court's own rulings indicate was not illegal - one who never had an opportunity to challenge his incarceration on that basis.
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.
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.
Another Dissent from Denial of Certiorari from Justice Jackson
For the second time, Justice Jackson dissents from the Supreme Court's refusal to hear a case.
Is Ketanji Brown Jackson a Greater Threat to Big Tech Than Clarence Thomas?
The Supreme Court’s newest member weighs in on the meaning of Section 230 in Gonzalez v. Google.
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.
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.
Ketanji Brown Jackson and the Future of Progressive Originalism
The liberal justice seems ready to fight legal conservatives on their own ground.
Is Justice Jackson the "De Facto Leader" of Progressive Originalists?
Originalist scholar Larry Solum suggests KBJ could be the Left's Antonin Scalia.
Jackson, in First Supreme Court Opinion, Defends Death Row Inmate
In her short, yet searing dissent, Justice Ketanji Brown Jackson argues that the court should have granted the petition of an Ohio man sentenced to death after prosecutors hid a key witness' severe intellectual disability from jurors.
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.
For the First Time, Supreme Court Splits 5-4 Along Gender Lines
The Court denied the Biden's request for a stay of a lower court injunction against new immigration enforcement guidelines.
Ketanji Brown Jackson To Become 104th Associate Justice Thursday At Noon
The Supreme Court announces when Judge Jackson will become Justice Jackson.
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.
Conservatives Say They Care About the Constitution. Until They Talk About Criminal Justice.
Ketanji Brown Jackson will be the nation's first Supreme Court justice to have served as a public defender, and the first since Thurgood Marshall to have experience as a defense attorney. That's good.
My NBC Article on the Confirmation of Supreme Court Nominee Ketanji Brown Jackson
It explains why many of the reasons GOP senators gave for opposing Jackson were ridiculous, but also that there is nothing inherently wrong in opposing a qualified "mainstream" nominee based on differences over judicial philosophy.
Did Ketanji Brown Jackson Flout the Law When She Reduced a Drug Dealer's Sentence?
The Supreme Court nominee's critics say she clearly did, but several federal appeals courts disagree.
Will Smith and Joe Biden Both Messed Up
Plus, the Reason editors' thoughts on Ketanji Brown Jackson
What Should Have Happened at the Ketanji Brown Jackson Hearings
Can you define "partisan circus?"
When They Attack 'Dark Money,' They're Really Attacking Free Speech
Republicans take a page from the Democrats’ book by crying “dark money” during Ketanji Brown Jackson’s confirmation hearing.
Ketanji Brown Jackson Defended People Suspected of Terrorism. Good.
There's a particular richness to Republican senators weaponizing the right to defense counsel as an affront to the Constitution as opposed to something that's pivotal to it.
Tom Cotton's Absurd Question About Contacting a Heroin Dealer's Victims Reveals a Drug Warrior's Demagoguery
The mindlessly punitive senator grilled Supreme Court nominee Ketanji Brown Jackson about her resentencing of a drug offender.
Judge Ketanji Brown Jackson Says She Intends to Recuse from Harvard Admissions Case if Confirmed
While some legal ethics experts suggest recusal would not be necessary, the SCOTUS nominee suggested she thinks otherwise.
Are Josh Hawley and Ted Cruz Ignorant About Child Porn Penalties or Just Demagogic?
Even if the senators are genuinely confused, that underlines the recklessness of their attack on Ketanji Brown Jackson.
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.
Josh Hawley's Attack on Ketanji Brown Jackson Illustrates the Emotionalism She Criticized
The senator argues that questioning sex offender policies "endangers our children."
Ketanji Brown Jackson Explains to Lawmakers How Being a Lawyer Works
As expected, Tuesday's hearing was primarily made up of political theater.
Here Is What Ketanji Brown Jackson Said in the Harvard Law Review Article That Josh Hawley Found 'Alarming'
The Supreme Court nominee raised serious constitutional concerns about laws that punish sex offenders after they complete their sentences.
Some Questions Senators Should ask Ketanji Brown Jackson
George Will and the Washington Post editorial board suggest some good ones. I add a few of my own.
Why Supreme Court Confirmation Hearings Serve Useful Purposes
The process has many flaws. But we're still better off with the hearings than we would be without them.
Josh Hawley Absurdly Suggests That Ketanji Brown Jackson Has a Soft Spot for 'Child Predators'
The Missouri senator's attack on the Supreme Court nominee elides crucial distinctions and ignores widespread judicial criticism of child pornography sentences.
Should Ketanji Brown Jackson Recuse in Harvard Admissions Case?
Does her position on Harvard University's Board of Overseers require or counsel her recusal once she is confirmed?
When Ketanji Brown Jackson Represented the Cato Institute
President Biden's Supreme Court nominee was counsel of record for a Cato Institute brief in a case challenging the detention of alleged enemy combatants.
Justice Ketanji Brown Jackson (Updated)
News reports indicate President Biden has made his choice to replace Justice Stephen Breyer
