A court trapped in amber
In United States v. Rahimi, the Supreme Court denied that the Second Amendment is “a law trapped in amber.” That metaphor has now exploded onto constitutional law, appearing in six…
The court and the “opinions of mankind”
During this 250th anniversary of the Declaration of Independence, it may be worth recalling the document’s only identified audience. Rather than single out the American public, the Declaration instead stated…
Completing the picture of the court’s criminal law term
As a resource for court observers interested in criminal law, this column completes (together with my prior column) my listing of criminal law and related cases decided by the court…
How a seemingly unexciting case on retirement plans could have massive consequences
Please note that SCOTUS Outside Opinions constitute the views of outside contributors and do not necessarily reflect the opinions of SCOTUSblog or its staff. Read more Justice Kavanaugh: the great…
Justice Kavanaugh: the great concurrer of the Roberts court?
Please note that SCOTUS Outside Opinions constitute the views of outside contributors and do not necessarily reflect the opinions of SCOTUSblog or its staff. Read more Trump indicates that he…
Eliminate the summer recess
Please note that SCOTUS Outside Opinions constitute the views of outside contributors and do not necessarily reflect the opinions of SCOTUSblog or its staff. Read more Notable concurring opinions from…
Notable concurring opinions from this term
Sometimes concurring opinions of justices add little to what is in the court’s decision. Other times, however, they take a very different approach and urge a major change in the…
Why the Supreme Court decided the wrong issue in the transgender athletes cases
Please note that SCOTUS Outside Opinions constitute the views of outside contributors and do not necessarily reflect the opinions of SCOTUSblog or its staff. Read more Justices’ lucrative book deals…
Justices’ lucrative book deals deserve more scrutiny
Please note that SCOTUS Outside Opinions constitute the views of outside contributors and do not necessarily reflect the opinions of SCOTUSblog or its staff. Read more How predictable is the…
How predictable is the Supreme Court from oral argument?
Some Supreme Court arguments seem relatively easy to read. After the court reheard Louisiana v. Callais, SCOTUSblog reported that the court appeared “ready to curtail major provision of the Voting…