The new birthright citizenship battle
Plus, the court has scheduled seven cases for the November argument session.
The Supreme Court and the Indian nations
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 12 angry men…
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…
Challenge brought to Trump’s new birthright citizenship order
Just five days after President Donald Trump signed a new executive order that seeks to narrow the availability of birthright citizenship – the current guarantee of automatic citizenship to almost…
A reflection on John Roberts
Plus, what happened to Homer Plessy after Plessy v. Ferguson?
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…
Court announces cases it will hear in November, including religious discrimination dispute
The Supreme Court will hear oral arguments in November in disputes over (among other issues) a Catholic preschool’s challenge to its exclusion from a Colorado preschool program and an inmate’s…
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…
Trump informs Lisa Cook that he is “considering” her removal
President Donald Trump has renewed his effort to fire Lisa Cook, a member of the Federal Reserve’s Board of Governors. The Supreme Court on June 29 Trump’s initial effort to…
Trump signs new birthright citizenship order, ballroom dispute likely headed to Supreme Court
President Donald Trump on Thursday signed an executive order seeking to narrow the availability of birthright citizenship, the current guarantee of citizenship to almost everyone born in the United States.…