On the first day of the October 2026 Term, the court will hear Suncorp Energy, Inc. v. County Commissioners of Boulder County, which poses the issue of whether suits under…
Ever since the Supreme Court formally recognized the power of judicial review in the landmark 1803 case of Marbury v. Madison, the be-all and end-all on constitutionality has been the…
In a recent SCOTUSblog article, law professor Josh Blackman proposed that the chief justice farm out to his colleagues his roles of presiding at oral argument and assigning opinions when…
This is the sixth of seven introductory articles on the relevance for constitutional law and the Supreme Court of the “born free and equal” clauses, which appeared in the Declaration…
I wanted to begin this series for SCOTUSblog by discussing some fundamentals (and fundamental confusions) of federal Indian law. Despite the common understanding that federal Indian law is difficult and…
In the landmark 2022 case of New York State Rifle & Pistol Association v. Bruen, the Supreme Court struck down New York’s concealed carry law as inconsistent with the Second…
In law, attribution is everything. Lawyers sprinkle written briefs with citations to statutes and constitutional provisions. Judges ground their decisions in prior cases addressing a similar legal issue. Making a…
The past several terms have entrenched the court’s ongoing determination to expand presidential authority. With presidential wins over the control of administrative agencies, immunity from criminal prosecution for certain acts,…
This is the eighth and final piece in a series on what I believe the court can, and should, do better. Read more Criminal cases coming in the new term…
As many SCOTUSblog readers are likely aware, there are some blockbuster criminal law cases set for the Supreme Court’s upcoming term. Bans on AR-15 and similar semi-automatic rifles. Whether juries…