Realizing Scalia’s vision: state originalism centers as legal civics education
It is no secret that, thanks to Justice Antonin Scalia, originalism is on the rise. This is true not only on the Supreme Court and the federal judiciary in general,…
Six justices, five techniques: writing lessons from the 2025-26 term
I’ve spent two decades mining Supreme Court opinions for writing techniques that can inspire advocates, too. The best examples rarely feature the snarky or witty lines made for social media.…
The tenth justice’s strategy
Analysis of the Supreme Court’s decisions most often focuses on the opinions and votes of the justices. Sometimes, though, strategic decisions by lawyers about how to argue a case may…
Justices navigate rising security threats
Plus, President Trump brings CNN case to SCOTUS.
Trump asks Supreme Court to hear his defamation case against CNN
President Donald Trump has asked the Supreme Court to weigh in on his defamation case against cable news giant CNN. In submitted on Aug. 14 but docketed on Thursday, Trump…
Slaughter’s vice
As a new school year gets underway, law students might expect to soon be called upon to answer a seemingly simple question: What did the Supreme Court hold in Trump…
What the public thinks about the emergency docket
This column has generally been about what the emergency docket does: how fast the justices act, how often lower courts cite its orders, who dissents on it and in what…
Ballroom dispute now fully briefed
Plus, a group of Florida Republicans brings their Census Bureau challenge to SCOTUS.
Florida Republicans bring Census Bureau challenge to the Supreme Court
A group of Florida Republicans has appealed a ruling by a federal court in that state throwing out a lawsuit seeking to require the U.S. Census Bureau to revise its…
Trump detention policy nears SCOTUS
As part of the Trump administration’s hardline approach to migrants, the Immigration and Customs Enforcement agency has ramped up the number of people it detains. Soon, the Supreme Court may…