Supreme Court Hears Arguments Over Whether Religious Agencies Can Reject Gay Foster Parents
New Justice Amy Coney Barrett expresses concerns about wider implications of antidiscrimination policies.
New Justice Amy Coney Barrett expresses concerns about wider implications of antidiscrimination policies.
The legal fight over mail-in ballots may soon heat up at SCOTUS.
The federal government wants the Supreme Court to rule that the victim has no recourse.
The case doesn't make any change in legal doctrine. But it may be intended to send a message to lower courts.
How different will the newly constituted Court be from what has come before?
In Fulton v. City of Philadelphia, a key case currently before the Supreme Court, there is a strong reason to rule for the government that doesn't apply in most other religious-liberty disputes.
It is easy for originalists to reject challenges to court-packing; but the non-originalist arguments should be spelled out
Both candidates have serious flaws. But a Trump victory would be a much greater evil than the alternative.
Attorneys for Luzerne County are no longer asking the newest justice to recuse from Pennsylvania election litigation.
And maybe a lot longer, since the Supreme Court left the door open to re-hearing a Republican-led challenge seeking to discard late-arriving absentee ballots.
The Supreme Court weighs police shootings and unreasonable seizures in Torres v. Madrid.
The motion was submitted on behalf of the Luzerne County Board of Elections but Luzerne County has voted to have the motion withdrawn.
Decisions that progressives don't like are not necessarily a sign that something has gone horribly wrong.
Plus: Fewer Americans are watching sports, Milton Friedman's powerful TV series turns 40, Amy Coney Barrett joins the Supreme Court, and more...
There's no precedent for a recusal, but there's also no precedent for the current situation.
This time, the justices explain themselves.
All Democrats voted in opposition, making Barrett's confirmation the most partisan since Reconstruction.
The Supreme Court nominee weighs in on a famous case.
A Supreme Court Preview panel that focuses on administrative law.
The implications of this move are far from clear. But it could well be a step to avoid court-packing, rather than promote it.
In a preview of an interview that will air Sunday, Biden says he'd pick "Democrats, Republicans, liberals, conservatives" to serve on the body, which would make broad recommendations for reforming federal courts.
Democrats and Republicans agree on that point, although they disagree about what it means in practice.
"This is probably not about persuading each other unless something really dramatic happens," said Sen. Lindsey Graham (R–S.C.)
The court split 4-4 in what could have been a major election decision.
Among today's cert grants were a case concerning the border wall and another on the Trump Administration's Migrant Protection Protocols
Americans likely learned very little about her judicial philosophy.
They have serious flaws, many of which are on display this week. But we are still better off with them than without them.
In several cases, the Supreme Court nominee voted to allow civil rights lawsuits against officers accused of misconduct.
The senator thinks people with felony records should lose the right to armed self-defense but not the right to cast a ballot.
If that standard were applied to other constitutional rights, no one would be left to enforce them.
Plus: DOJ sues over Melania Trump adviser's book, Justice Clarence Thomas wants to limit Section 230, and more....
Would regular SCOTUS confirmations produce too much volatility in the case law? I am unconvinced.
Although Democrats think the composition of the Supreme Court is a big election issue, their nominee won’t say what he plans to do about it.
Sens. Mazie Hirono and Cory Booker both criticized the Supreme Court nominee for saying "preference" instead of "orientation."
Such theories are not based in fact.
The Texas senator notes the opposing party's blind spots on freedom of speech and the right to arms.
The Court adds an important Appointments Clause case to the docket.
Petitions for certiorari in the other two Emoluments Clause cases remain pending.
Republicans understandably prepared for attacks on Barrett's faith which thankfully haven't materialized.
There is little reason to think Barrett would vote to overturn the Affordable Care Act, which in any case seems legally secure.
Plus: $150,000+ in fines in NYC's first weekend of new shutdowns, California ballot-box confusion, and more...
She's unlikely to cast a vote to strike down the law as a whole, and unlikely to have a decisive impact on its fate even if she does.
The National Law Journal asked several legal commentators to suggest questions for the president's Supreme Court nominee.
Plus: Trump says he plans to hold rallies despite lack of negative COVID-19 test, Biden won't answer question on court-packing, and more...
Two debates. Two dodges of an important question about the top court's future.