SCOTUS Could Overturn Roe

Oral arguments on the biggest abortion case in decades will be heard today.

President Joe Biden, joined by Vice President Kamala Harris, delivers remarks on the COVID-19 National Month of Action on Wednesday, June 2, 2021, in the South Court Auditorium in the Eisenhower Executive Office Building at the White House. (Official White House Photo by Adam Schultz) President Joe Biden, joined by Vice President Kamala Harris, delivers remarks on the COVID-19 National Month of Action on Wednesday, June 2, 2021, in the South Court Auditorium in the Eisenhower Executive Office Building at the White House. (Official White House Photo by Adam Schultz)

Biden Administration Urges Businesses to Comply with Vaccine Mandates Despite Judicial Stay

Resolving the legal issues will take time we don’t have.

SCOTUS Denies Emergency Injunction Against Maine Vaccine Mandate

There will be no religious exemptions. For now, at least.

Back to SCOTUS Reform and “Legitimacy”

Doing nothing is still a choice, and the legitimacy crisis is here, like it or not.

More on Standing

Some Notes on the Ruling and the Dissents in the Texas Abortion case

A few observations on Whole Woman’s Health, et al., Applicants v. Austin Reeve Jackson, Judge, et al.

On Civil Enforcement and Bounties

Regardless of one’s views on abortion, the enforcement provision in the new Texas law should be concerning.

Is Texas Undemocratic?

The Lone Star State has enacted some peculiar new laws.

President Joe Biden signs two executive orders on healthcare Thursday, Jan. 28, 2021, in the Oval Office of the White House. President Joe Biden signs two executive orders on healthcare Thursday, Jan. 28, 2021, in the Oval Office of the White House.

Biden Illegally Extends Eviction Moratorium

The President is in open defiance of the Supreme Court.

The Problem isn’t Breyer, it is one of Constitutional Design

Put the frustration where it belongs.

Biden Fires ‘Independent’ Social Security Administrator

President Trump’s destruction of longstanding norms continues under his successor.

SCOTUS Strikes Down Disclosure Law

Another 6-3 decision along ideological lines.

SCOTUS Upholds Arizona Voting Rules

A completely unsurprising 6-3 decision.

The Rarity of Supreme Court Retirements

There have only been eleven since 1981.

Kavanaugh’s Bizarre Rationale

Things that make you go Hmmm.

SCOTUS Says Cheerleader’s Snapchat F-Bomb Protected by 1st Amendment

Another narrowly-crafted but overwhelming opinion from the Supreme Court.

Supreme Court Ends ‘Amateur’ Collegiate Sports

Most NCAA restrictions violate anti-trust law.

McConnell Seems to Rule out Confirming Biden SCOTUS Pick after 2022

He’s in the minority but promises to start obstructing again if that changes.

Stephen Breyer’s Retirement Timing

Should he be worried about the appearance of partisan gaming?

Unanimous SCOTUS Keeps Immigration Catch-22 in Place

The law and justice are frequently not the same thing.

Cadets participate in the Class of 2019 Graduation Parade, May 24, 2019, at West Point. (Matthew Moeller/Army) Cadets participate in the Class of 2019 Graduation Parade, May 24, 2019, at West Point. (Matthew Moeller/Army)

Thomas: Overturn Feres Doctrine

The Supreme Court justice least concerned with precedent wants to overturn a longstanding one.

Biden to Name Commission on Court Expansion

Fulfilling a campaign promise and keeping the discussion alive.

Gorsuch and Alito Want to Revisit Religious Accomodations

Is a de minimus standard too small?

Taking Moot to a Whole Moot Level

Overruling every case President Trump was involved in is getting silly.

First Black Woman Supreme Court Justice

Democrats are already jockeying to influence President Biden’s pick should a vacancy arise.

Manhattan DA Gets Trump Tax Records

The Supreme Court refused to block a lower court order.

This image is released free of copyrights under Creative Commons CC0 via pXhere. This image is released free of copyrights under Creative Commons CC0 via pXhere.

SCOTUS Lifts California Worship Ban

How should we balance public health and fundamental rights?

Supreme Court Rules Trump Emoluments Cases Moot

A legally correct but maddening ruling.

Can Schools Punish Students for Off-Campus Speech?

Social media makes the line much harder to draw.

SCOTUS’ Consistent Inconsistency on Voting Cases

A defensible distinction could give way to a Constitutional crisis.

Was I Wrong on Harriet Miers?

Rethinking what qualities we should be looking for in Supreme Court Justices.

They Had the Votes

Disconnected representation in action.

Susan Collins’ Meaningless ‘No’ on Barrett

A desperate re-election gambit that has no impact on the outcome.

Judiciary Approves Barrett Despite Democratic Boycott

Chuck Schumer and company sent a signal to their base against a fait accompli.

Thoughts on ACB and SCOTUS in General

Some judicial alphabet soup in dialog with my co-blogger.

Biden Open to SCOTUS Expansion

After weeks of evasion, the frontrunner hints at a compromise policy.

SCOTUS Stays Order Requiring Census to Keep Counting

A legally correct ruling based on a lie.

SCOTUS Kills Trump Emoluments Suit

The Emoluments Clause is essentially unenforceable.

Inside People of Praise

It’s not a cult but not exactly mainstream, either.

Hypocrisy on SCOTUS Confirmations?

An unconvincing attack on the Democratic position.

Amy Coney Barrett Nomination Coming Today

Multiple reports have the Notre Dame graduate replacing Ruth Bader Ginsburg.

A Court-Packing Plan I Could Support

A Solomonic solution from the commentariat.

More On Expanding The Supreme Court

It’s time to accept the desecration of our political constitution.

Against Packing the Supreme Court

Legitimacy hangs in the balance.

A Defense of Expanding the US Supreme Court

It is about finding ways to combat minority rule.