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…
Trump administration urges Supreme Court to issue a decision in mail-in voting dispute
The Trump administration on Wednesday reiterated its request for the Supreme Court to move quickly to block a ruling by a federal judge in Massachusetts that prohibits the government from…
SCOTUS has issued its decisions. Now Congress has the floor.
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 Are Republicans falling out…
Are Republicans falling out of love with the Supreme Court?
Public opinion polls fielded and released this summer showed a by-now-familiar partisan gap in views on the Supreme Court. Republicans are not only more likely than Democrats to approve of…
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…