The Right Is Having A Hard Time Framing Judge Ketanji Brown Jackson As An Extremist

If this is the best they have, they don’t have a lot

Some Thoughts on “Cancel Culture”

Thomas gets the ball rolling, and I take off from there.

On Respect and SCOTUS

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

President Biden Nominates Judge Ketanji Brown Jackson For The Supreme Court

The front-runner was indeed the pick

Republican Vote Needed to Confirm Biden Justice?

New Mexico Senator Ben Ray Luján is hospitalized with a stroke.

Supreme Court Wikiality

Did you know that the elephant population has tripled over the last six months?

Clarence Thomas’ Continuing Conflict

Caesar’s wife must be above suspicion. Alas.

The Myth of Picking the Best

And yes, it is political (and always has been).

Race and the Myth of Meritocracy: Supreme Court Edition

When “obviously qualified” apparently isn’t enough

Which Black Woman Will Biden Appoint to the Supreme Court?

The 46th President will follow the lead of the 40th in making a historic appointment.

Breyer to Retire

Breaking News

SCOTUS Rejects House Republican Challenge to Proxy Voting

The court wisely deferred to Congress in setting its own rules.

Cruz Challenges Campaign Finance Law

Is a contribution after an election different from one during an election?

SCOTUS Mythology Exposed

We deserve better.

SCOTUS Blocks Federal Vaccine Mandate

The highest court in the land issued a split decision on President Biden’s COVID policy.

The Breyer Patch

The 83-year-old Justice is playing a dangerous game.

Warren’s Argument for Court Packing

It’s not compelling.

Back to Court Expansion

Two members of the presidential commission reach the conclusion that expansion is needed.

The Politics of Abortion

What happens if the Supreme Court overturns Roe v Wade?

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.