Roberts Slays Trump’s Ludicrous Birthright Citizenship Order. While Thomas tries to justify caste, Jackson makes it clear the post-Civil War Amendments were “not a mere spot treatment for the dark stain of slavery.”
Ketanji Brown Jackson
Posted inLaw and Justice
Chiles v. Salazar: A New Frontier of Speech
In its 8–1 ruling on Colorado’s conversion therapy ban, the Supreme Court recast mental health care as protected expression.
Posted inLaw and Justice
Our Heroic Lower Court Judges
And the Justice Department’s war on the only group blocking Trump’s extra-legal push.
Posted inLaw and Justice
The Gay Conversion Therapy Case and Its Discontents
If the oral arguments earlier this month offer any indication, the Supreme Court will uphold the banned practice—and then some.
Posted inLaw and Justice
The Shadow Knows
The Supreme Court’s shadow docket has become Trump’s secret weapon—anonymous, unexplained rulings that bypass normal procedures to hand the president victory after victory.
Posted inLaw and Justice
The Chaos of the Supreme Court’s Last Term—and What May Be Coming This Time
The Chaos of the Supreme Court’s Last Term—and What May Be Coming This Time. With their new term starting October 7, the nine justices face roiling legal waters and the bench’s profound dysfunction. A deep dive into an institution that is “not well.”
Posted inLaw and Justice
The Supreme Court Keeps Misfiring on Guns
The Supreme Court Keeps Misfiring on Guns. In its Rahimi opinion, the Court listened to our brief as historians and upheld restrictions on domestic abusers. But it was only a tiny victory because, when it comes to firearms, the justices continue to legislate from the bench.
Posted inLaw and Justice
Will the Supreme Court Kill the National Labor Relations Board?
As Starbucks—and Elon Musk’s SpaceX—take aim at the New Deal-era body, the Roberts Court could severely curtail the right of workers to organize. Here’s how.
Posted inMagazine
Trump vs. Biden: Who Got More Done on the Courts?
With serendipity and outside help, Trump achieved a generational shift on the Supreme Court and lower courts. With fewer advantages, Biden is catching up.
Posted inLaw and Justice
Justices Find Trump Ballot Arguments Supremely Vexing
An observer of the Supreme Court oral argument on the 45th president’s getting kicked off the Colorado primary ballot might be forgiven for asking, “What have you done with Donald Trump’s legal team?” The argument offered by the former president’s attorney was quite different than the posturing of his lawyers in previous cases—and even in […]
