Tariffs, Takings, and Les Mis
Two quick, but important scoops. First, the Court released its opinion in the highly anticipated tariffs case. Second, PLF is back at SCOTUS (baby!). The Tariffs Case: 170 Pages, Six Opinions, One Historic Result Last week the Supreme Court handed down its ruling in the tariffs case, and wow. Historic. Nuanced. A 170-page opinion in all, even tho ...
New year, new SCOTUS opinions
The Supreme Court has issued its first handful (or scoop, if you will) of opinions. And it heard oral arguments in one of the most closely watched cases of the term. But first, the bad news. On Monday, the Court rejected six PLF petitions for review: Hierholzer (challenging racial preferences in federal contracting), Lincinio (asking the Court t ...
Why can’t we hold rights violators accountable?
Are you still full from Thanksgiving? Here's a scoop of SCOTUS to go with your leftover mashed potatoes. Why can't we hold rights violators accountable? The Court recently heard arguments in the case of a man whose dreadlocks were forcibly shaved—contrary to his religious belief—just before he was released from prison, after prison staff thre ...
Guns, drugs, and ghosts of doctrines past
Happy Halloween, SCOTUS lovers. Need a last-minute costume? Don't want to be Taylor "Swift Justice?" Go as "The Dissenter." All black robe, dramatic lace jabot à la RBG, and add fake blood on a scroll for Halloween flair. You are now: "When your dissent was so good, it came back to haunt the majority." Alternatively: Lochner-era Bakery Owner. A ...
The justices and I are back
Bust out your pumpkin spice lattes and pocket Constitutions. It's October, which means the justices (and I) are back. What can you expect this term? Extra pumpkin spice. We're getting cases involving conversion therapy, trans athletes in sports, and executive power. The big ones The Court will hear two major cases involving executive power: Trump ...
Judges should judge
The term hath endeth! The justices are slathering on the SPF, teaching classes in Italy, gallivanting in their RVs, and doing whatever else it is that the justices do for the summer. Justices, they're just like us—but with robes. After this scoop of SCOTUS, we'll have one final recap of the term before I, too, break for summer. Except my "break" ...
Discrimination is discrimination is discrimination
It's been nice to get some unanimous opinions lately. Given that we're near the end of the term, some especially vigorous disagreements are sure to arise. Discrimination is discrimination is discrimination Surprising no one, the Court unanimously held in Ames v. Ohio Department of Youth Services that members of "majority" groups can't be held t ...
Faux diversity, real grift
**Non-Opinion Opinion Watch ** The Supreme Court released its opinion in a highly anticipated case about whether a group could become the nation's first religious charter school. Unfortunately, the case ended with a whimper, not a bang: Justice Barrett recused herself, leaving an equally divided 4-4 court to affirm the decision below and keeping ...
The Supreme Court has to decide at some point. Why not now?
The Quiet Disappointments of Justice David Souter Former Supreme Court Justice David Souter has passed away. In my latest for the Daily Journal, I reflect on his tenure. Justice Souter's modesty, humility, and deference made him well-liked by others on the bench but left little to celebrate for those of us who believe that courts exist to protect ...