The Constitution’s structure should decide Suncor
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 The Supreme Court and…
Grand openings: what four introductions in Suncor v. Boulder show about starting a brief
When the court opens its term on Monday with the blockbuster case Suncor Energy Inc. v. County Commissioners of Boulder County, the justices will have digested four principal briefs. They…
The Supreme Court’s two decades of constitutional change
This series for SCOTUSblog will recount two decades of constitutional change through the five editions of our casebook, the first published in 2008 and the latest to be published this…
The Supreme Court is building power no one gave it
On Sept. 18, over 2,000 people gathered around the Kennedy Center in Washington, D.C. – and held hands. Former employees, performing legends, long-time D.C. residents, and regular people from all…
Some lessons of open-minded discourse on the Supreme Court
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…
Is it time to rethink the office of the chief justice of the United States?
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…
How courts keep getting Bruen wrong
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…
Break the Supreme Court law clerk cartel
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…
Empower the Supreme Court’s supermajority on substantive matters
This is the seventh piece in a series on what I believe the court can, and should, do better. Read more The century-old fight to test birthright citizenship *** In…
Laboratories of (un)democracy
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 Mail-in voting returns to…