The case for Callais
This publication has been inundated with essays by academics critical of Louisiana v. Callais, but has not published a single one in defense of it.…
When must justices recuse themselves over family members’ acts?
Late last month, the news site NOTUS reignited the perennial debate about Supreme Court recusals when it reported that Justice Samuel Alito’s son, Philip Alito, “quietly landed a political appointee…
The latest on tariff refunds
As we noted in Monday’s newsletter, we are expecting 23 more opinions by early July. Compared to the past two terms, the court is actually ahead of schedule: At this…
The Supreme Court’s neutering of the First Step Act
In 2018, Congress passed the First Step Act with rare bipartisan support. Hailed as “the most significant criminal justice reform bill in a generation,” the basic premise of the act…
The Supreme Court and the right to bear arms: an explainer
The Second Amendment is an area of law with many open questions. The amendment itself states that “ well regulated Militia, being necessary to the security of a free State,…
Trump to Ask Justices to Review His Suit Against CNN
Plus, what to know about the campaign to overrule Obergefell.
Court turns down appeals by elementary school student on AR-15 hat, death row inmate claiming racial discrimination in jury selection
The Supreme Court on Monday morning turned down, without comment, an appeal by an elementary school student who was barred from wearing a baseball cap with a picture of an…
The campaign to overrule Obergefell
Supporters of same-sex marriage breathed a sigh of relief when the Roberts court denied review last year in Davis v. Ermold, a case in which a county clerk in Kentucky,…
White House ballroom battle may soon arrive at the Supreme Court
Plus, how opinions are assigned.
Justices reject holding generic pharmaceutical manufacturers liable for decisions of pharmacists about prescribing their products
Among the three opinions arriving on Thursday from the April argument session was Hikma Pharmaceuticals USA v. Amarin Pharma. As the quick turnaround would suggest, Hikma is not a case…
Justices validate SEC’s use of disgorgement in securities enforcement
Thursday morning brought the first three decisions from the April argument session, with two of the three being unanimous. The first of those was Sripetch v SEC, which did just…