Enhance the Supreme Court minority’s procedural powers
This is the sixth piece in a series on what I believe the court can, and should, do better. Read more Solicitor General Sauer’s SCOTUS…
What does the Trump administration want from the Supreme Court next?
Last week, the federal government joined President Donald Trump’s personal legal team in asking the Supreme Court to review an $83.3 million judgment against the president in a defamation case…
The October argument session
Plus, why does the Supreme Court term begin on the first Monday in October?
Court announces cases it will hear in October, which include significant disputes on climate change and immigration detention
The Supreme Court will kick off its 2026-27 term with oral arguments in a lawsuit brought by a Colorado county seeking millions of dollars from oil and gas companies for…
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,…
Why timing matters in the mail-in voting dispute
Plus, what happened to Dred Scott after he lost before the Supreme Court?
States challenging executive order on mail-in voting ask justices to leave in place limits on its implementation
Lawyers for a group of 23 states and the District of Columbia on Monday afternoon urged the Supreme Court to leave in place by a federal court in Boston that…
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…
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…
Trump administration targets birth tourism
Plus, another high-profile Democrat expresses support for expanding the court.