12 angry men – or six?
“6 Angry Men” doesn’t have the same ring as the name of the famous film – but is 12 constitutionally required? Or is it merely a convention that some states…
The court should hold oral argument outside of the capital
This is the third piece in a series on what I believe the court can, and should, do better. Read more Court announces cases it will hear in November, including…
Weakening the protection against sex discrimination?
Few were surprised by the court’s ruling in West Virginia v. B.P.J. upholding a West Virginia law prohibiting transgender girls and women from participating in sports corresponding to their gender…
Pete Buttigieg, the Supreme Court, and the Fourth Amendment
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 President Trump signs new…
What is “trapped in amber”? An originalist explanation
Anyone watching the Supreme Court this past term may have remarked on the frequency with which the justices talk about fossilized tree resin. Consider: Read more Beyond the swing justice:…
Beyond the swing justice: majority makers, dissent bridges, and coalition drift on the Supreme Court
Justice Amy Coney Barrett recently resisted a label that has followed several members of the current Supreme Court. Asked whether her occasional breaks with the court’s conservative majority meant she…
The justices should hold regular press conferences
This is the second piece in a series on what I believe the court can, and should, do better. Read more What does the Trump administration want from the Supreme…
Reproductive technologies and the federal constitutional vacuum
This article was adapted from an essay that first appeared in the essay collection America Unfinished: 250 Years of Law and Governance (MIT Press, 2026). Read more When the court…
When the court denies racism that others see
In a decision allowing the Trump administration to move forward with plans to end humanitarian immigration protection for hundreds of thousands of people living and working in the United States,…
Born free and equal
This is my first article for SCOTUSblog, and I want to explain why I have chosen the header Born Free and Equal for my column. The phrase is derived from…