Supreme Court Clerks and Undergraduate Elitism

Culling for the primary feeder job in American legal system begins in high school.

Punishment for Acquitted Conduct

The Supreme Court may revisit a controversial criminal justice ruling.

Rehnquist and the ‘Independent State Legislature’ Theory

The late Chief Justice was right; his successors are wrong.

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Bipartisan Bill Protects Same-Sex and Interracial Marriages

Congress is poised to legislate protections previously mandated by the courts.

Can Reporters Have Friends?

A new book raises fundamental questions about how far journalistic objectivity should extend.

Biden: MAGA Republicans Threaten Republic

The President delivered a rousing stump speech from Independence Hall.

‘Don’t Tread on Me’ License Plates

States are sponsoring an increasingly controversial image.

House Passes Marriage Protection Bill

The symbolic vote attracted a handful of Republican votes.

Supreme Court Overturns Roe v. Wade

The leaked draft is now the law of the land.

SCOTUS Strikes Down NY Gun Law

The 6-3 ruling broke down on predictable lines.

Sotomayor Defends Thomas

The longest-serving Supreme Court Justice is a nice guy.

SCOTUS Blocks Texas Social Media Law (for Now)

A slim majority upheld an injunction, kicking the can down the road.

Clarence Thomas on Stare Decisis

Not so conservative.

Clarence Thomas Worries Respect for Institutions Fading

In other news, there’s gambling going on at Casablanca.

No, Congress Won’t Create an Abortion Right

At least not right away. But it’s quite possible by 2040.

SCOTUS Rules Against Air Force Vaccine Refusnik

A wackadoodle colonel is on his way out.

Trump Judge Tosses Airline Mask Mandate

The Biden administration’s mandate has been lifted immediately.

Ginni Thomas: Boomer with Internet?

Does it matter whether she’s a rube or a mastermind?

Ginni Thomas the Insurrectionist

A Supreme Court Justice’s wife urged the White House and Congressional Republicans to steal the 2020 election.

On Respect and SCOTUS

The Court is out of balance–and it is a design flaw.

Clarence Thomas’ Continuing Conflict

Caesar’s wife must be above suspicion. Alas.

SCOTUS Mythology Exposed

We deserve better.

SCOTUS Could Overturn Roe

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

Jacob Chansley Sentenced to 41 Months for Capitol Riot

The erstwhile QAnon Shaman will spend another three-and-a-half years in jail.

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.

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.

SCOTUS Strikes Down Disclosure Law

Another 6-3 decision along ideological lines.

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

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

Stephen Breyer’s Retirement Timing

Should he be worried about the appearance of partisan gaming?

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.

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.

SCOTUS: States Can’t Ban Clergy from Death Chamber

A rather odd non-ruling during the non-session from America’s highest court.

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?

SCOTUS’ Consistent Inconsistency on Voting Cases

A defensible distinction could give way to a Constitutional crisis.

Biden Open to SCOTUS Expansion

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

Casinos Open, Churches Closed

A bizarre but possibly correct ruling by the Supreme Court.

Supreme Court Expands Religious Impunity

Two rulings greatly expand the ability to evade the law for on Free Exercise grounds.

Supreme Court Upholds ‘Faithless Elector’ Laws

States can punish Electors who substitute their judgment for those of the voters.

Why Roberts Sided with Abortion Rights

Is the Chief Justice laying a trap or simply ‘calling balls and strikes’?

SCOTUS Hands Trump DACA Defeat

Donald Trump would be a more effective and dangerous President if he and his team were more competent.

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Supreme Court Rules LGBT Discrimination Illegal

The 6-3 opinion written by Justice Gorsuch and joined by Chief Justice Roberts defies conventional wisdom.

The Language of Sexual Violence

We need a better vocabulary for treating the spectrum between rude and horrific.

Supreme Court Hears Gun Rights Case But Likely Won’t Rule On Merits

For the first time in nearly a decade, the Supreme Court heard a significant Second Amendment case, but it is unlikely to rule on the merits of the case.

You Bet Republicans Would Break The “Garland Rule” To Fill A SCOTUS Seat

Anyone who doubts that Republicans would fill a Supreme Court vacancy in 2020 is being incredibly naive.

Top Democrats Throw Cold Water On Idea Of Impeaching Kavanaugh

While some Democrats are calling for the impeachment of Justice Brett Kavanaugh, Democrats on Capitol Hill aren’t nearly as eager to go down that road.

While Democrats Debate, Republicans Push Forward On Judges

While Democrats debated among themselves about health care plans that will likely never become law, Republicans were pushing forward with judicial confirmations.

Ginsburg Offers Praise For Gorsuch And Kavanaugh

Justice Ginsburg has some kind words for her two newest co-workers, perhaps to the surprise of many of Ginsburg’s own supporters.