The radical Justice Thomas
On May 7, 2026, Clarence Thomas became the second longest serving justice in American history, surpassing Justice Stephen Field, who had been a justice for 34 years, 195 days, from…
The Supreme Court’s common sense problem
“Common sense” reasoning is becoming more common at the Supreme Court. The justices have explicitly relied on common sense to underwrite its holdings in several salient areas of law. And…
How often do courts actually cite emergency docket orders?
Over the years, the Supreme Court has sent mixed signals about whether its emergency docket orders carry precedential weight. In 2021, Justice Samuel Alito said publicly that emergency orders are…
Criminal law update: some defense-friendly rulings and a big case that wasn’t
The U.S. Supreme Court (unlike some) does not divide its docket between civil and criminal cases. So I do. With about five weeks left in the current Supreme Court term,…
The Roberts court’s record on the First Amendment
The Roberts court is often treated as especially protective of the First Amendment. It is true that the court has reshaped free speech law across such areas as campaign finance,…
How Callais broke the Voting Rights Act and weaponized the equal protection clause: part 1
Please note that SCOTUS Outside Opinions constitute the views of outside contributors and do not reflect the official opinions of SCOTUSblog. Read more The Supreme Court’s drug test Much of…
The Supreme Court and social media
Please note that SCOTUS Outside Opinions constitute the views of outside contributors and do not reflect the official opinions of SCOTUSblog. Read more Racial considerations in voting rights and immigration…
Strange judicial bedfellows
In Dissent is a recurring series by Anastasia Boden on Supreme Court dissents that have shaped (or reshaped) our country. Read more Court agrees to hear case on ability of…
Rethinking a Supreme Court principle used to undermine the Voting Rights Act
Courtly Observations is a recurring series by Erwin Chemerinsky that focuses on what the Supreme Court’s decisions will mean for the law, for lawyers and lower courts, and for people’s…
A docket in the shadow of bigger problems
Major Questions is a recurring series by Adam White, which analyzes the court’s approach to administrative law, agencies, and the lower courts. Read more Daubert dust-up and AEDPA angst Good…