{"id":332,"date":"2026-07-03T13:10:50","date_gmt":"2026-07-03T13:10:50","guid":{"rendered":"https:\/\/americanservicereview.com\/?p=332"},"modified":"2026-07-03T13:10:50","modified_gmt":"2026-07-03T13:10:50","slug":"250-and-the-court","status":"publish","type":"post","link":"https:\/\/americanservicereview.com\/?p=332","title":{"rendered":"250 and the court"},"content":{"rendered":"

The Supreme Court may not have reached its 250th birthday yet (that\u2019ll take another 13 or so years), but it has played a major role in shaping how the country understands the ideals contained in the Declaration of Independence.<\/p>

Read more An immigration law error in the court\u2019s asylum decision threatens immigration courts<\/a><\/p>

Happy Independence Day weekend to all.<\/p>

In yesterday\u2019s newsletter, we featured the Stat Pack and this term by the numbers. Today, we\u2019d like to point you to our new animated explainer about the court this term. The video is the third in the series of animated videos we worked on in partnership with Briefly, and it presents what we learned about the court in a fun, engaging way.<\/p>

Plus, do you know an exceptional lawyer looking for something different? We’re hiring to help build a new editorial product serving appellate lawyers, corporate counsel, and commercial litigators. If you have a federal clerkship and significant appellate or commercial litigation experience, send a brief note explaining why you’re interested, along with your resume, to [email\u00a0protected]<\/span>.<\/p>

At the Court<\/h2>

The Supreme Court Building will be closed today in observance of the Independence Day holiday.<\/p><\/div><\/div><\/div><\/div>

Morning Reads<\/h2>

Supreme Court declines to halt $800-a-day fine for ex-Fox News reporter refusing to divulge sources<\/h3>

Lindsay Whitehurst and Eric Tucker, Associated Press<\/p>

On Thursday, the Supreme Court \u201c after a judge ordered an $800-a-day fine for a former Fox News reporter if she refuses to reveal her confidential source for stories about a Chinese American scientist who was investigated by the FBI but never charged,\u201d according to the Associated Press. \u201cThe high court rebuffed an emergency appeal from Catherine Herridge. The veteran investigative reporter has been held in civil contempt as part of a lawsuit that scientist Yanping Chen filed against the government over the leak.\u201d The contempt order and fine came after Herridge was ordered by a U.S. district judge \u201cto answer questions about her source or sources in a deposition with Chen\u2019s lawyers,\u201d and Herridge \u201cdeclined to answer questions about her sources\u201d during that deposition. Justice Brett Kavanaugh indicated that he \u201csupported granting the application for a stay.\u201d<\/p><\/div><\/div>

Can Trump Still Fire Lisa Cook After Her Supreme Court Win?<\/h3>

Erik Larson, Bloomberg<\/svg><\/span><\/p>

On Monday, the Supreme Court in Trump v. Cook<\/em> held that President Donald Trump cannot fire Fed Governor Lisa Cook while her challenge to her removal moves forward. But can Trump continue trying to fire her? \u201cThe short answer is yes,\u201d according to Bloomberg. Chief Justice John \u201cRoberts, in his opinion, envisioned that the case could be replaced by a new fight if Trump started a fresh process to fire Cook. He said the justices were ruling \u2018on narrow grounds\u2019\u201d \u2013 namely, that Trump did not give \u201cCook notice of the [mortgage fraud] claims against her and a chance to be heard before trying to remove her.\u201d For now, the court\u2019s \u201cdecision shifts the focus of the case back to the lower courts in Washington. The federal appeals court could continue proceedings on Trump\u2019s appeal of the injunction against Cook\u2019s dismissal. The case could also return to the federal district court, where a likely next step would be for the judge to set a hearing.\u201d<\/p><\/div><\/div>

Activists to rally about 14th Amendment at Supreme Court<\/h3>

Sarah D. Wire, USA Today<\/p>

On July 9, the 14th Amendment will celebrate its 158th birthday, and \u201cseveral thousand\u201d people from across the country plan to mark the occasion with a demonstration outside the Supreme Court. The event will celebrate the amendment \u201cand protest what they call attempts by the Trump administration to undermine \u2018the backbone for every civil rights victory in American history,\u2019\u201d according to USA Today. \u201cThe protest, which organizers have named the \u2018Let\u2019s Get Free\u2019 march, will go forward regardless of the Supreme Court\u2019s ruling June 30 upholding birthright citizenship, which is guaranteed under the 14th Amendment.\u201d \u201cOrganizers say recent executive orders and Supreme Court decisions, such as the 2022 Dobbs decision that ended Roe v. Wade\u2019s abortion rights protections and the Callais decision reducing the use of majority Black districts, are examples of how the federal government has chipped away at the promises of the 14th Amendment in recent years.\u201d<\/p><\/div><\/div>

Supreme Court asked to hear Brackenridge Park sacred site dispute with Lipan Native American Church<\/h3>

Kory Cook, Texas Public Radio<\/p>

In a new , members of the Lipan Native American Church are asking the Supreme Court to take up their religious freedom lawsuit over \u201can area near the San Antonio River\u201d that they believe \u201chas been a place of worship for centuries,\u201d according to Texas Public Radio. \u201cChurch leaders argue the city\u2019s plans to remove heritage trees and use bird-deterrent measures that would drive away nesting cormorants would permanently alter the site\u2019s \u2018spiritual ecology\u2019 and make it impossible to practice their religion there.\u201d They urge the justices \u201cto review a decision by the U.S. Court of Appeals for the Fifth Circuit, which upheld a lower court ruling allowing the City of San Antonio to proceed with\u201d its redevelopment plan. \u201cAttorneys for the church argue the city could complete the project using less destructive alternatives.\u201d<\/p><\/div><\/div>

In Tumultuous Term, Chief Justice Roberts Took Charge of Unruly Supreme Court<\/h3>

Adam Liptak, The New York Times<\/svg><\/span><\/p>

In the latest edition of his newsletter for The New York Times, Adam Liptak analyzed Chief Justice John Roberts\u2019 role in this term\u2019s highest-profile cases, describing the term as \u201ca triumph\u201d for the chief, \u201cwho was in all but complete control of a court that had not long ago threatened to slip from his grasp.\u201d Roberts \u201cwas in the majority … in 96 percent of argued cases,\u201d which \u201callowed him to keep and mold the three biggest opinions of the term,\u201d on birthright citizenship, tariffs, and the president\u2019s authority over independent federal agencies. \u201cThe chief had his most challenging term since he joined the court more than 20 years ago,\u201d said Richard Lazarus, a law professor at Harvard and Roberts\u2019 friend, to Liptak.<\/p><\/div><\/div>

4 Takeaways From The Birthright Citizenship Decision<\/h3>

David Lat, Original Jurisdiction<\/p>

In a post for his Substack, David Lat highlighted what he believes are the key takeaways from the court\u2019s birthright citizenship ruling, including that it may enflame, rather than quiet, debates over birthright citizenship. President Donald Trump has already called on Congress to take action, prompting \u201c[m]ultiple allies of Trump and supporters of his order\u201d to explain \u201cthat amending the Constitution would be required to end birthright citizenship in its current form.\u201d An effort to pass such an amendment is unlikely to be successful, Lat wrote, highlighting public support for birthright citizenship, which is why we may see Republican lawmakers seek to confirm justices in the future who appear supportive of overturning Barbara<\/em>.<\/p><\/div><\/div><\/div><\/div>

On Site<\/h2>
SCOTUS Videos<\/span>

What we learned about the court this term: an animated explainer<\/h3>

By SCOTUSblog Staff & Briefly<\/p>

There are a whole lot of strongly held beliefs about how the court votes. Many of these involve the court\u2019s perceived ideological divide, pitting six Republican-appointed justices against three Democratic-appointed ones. So, as the narrative goes, you get a lot of 6-3 decisions. But how true is that, really? We explore that question and more in our latest animated explainer, done in partnership with Briefly.<\/p><\/div>

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Contributor Corner<\/span>

After Slaughter and Cook: future Fed fights, and maybe some midnight firings <\/h3>

By Adam White<\/p>

In his Major Questions column, Adam White reflected on Trump v. Slaughter and Trump v. Cook, exploring the \u201cissues that could arise in these cases\u2019 wake,\u201d including new disputes over appointments to multi-member federal agencies, quorum requirements for these agencies, and midnight firings just before a president leaves office.<\/p><\/div>

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Contributor Corner<\/span>

An immigration law error in the court\u2019s asylum decision threatens immigration courts<\/h3>

By C\u00e9sar Cuauht\u00e9moc Garc\u00eda Hern\u00e1ndez<\/p>

In his Immigration Matters column, C\u00e9sar Cuauht\u00e9moc Garc\u00eda Hern\u00e1ndez revisited Mullin v. Al Otro Lado, in which the court held that asylum seekers are not eligible to apply for asylum until they physically cross the border into the U.S. He contends that \u201cthe majority opinion reveals that the justices don\u2019t understand the border-crossing process that Congress created.\u201d<\/p>

Read more After Slaughter and Cook: future Fed fights, and maybe some midnight firings<\/a><\/p><\/div>

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Podcasts<\/h2>
Amarica’s Constitution<\/span>

Lincoln’s Promise Kept<\/h3>

The court went big in Trump v. Barbara and decided on the basis of the Constitution, not merely the congressional statutes, that Abraham Lincoln\u2019s wish for the nation, birthright citizenship, will live on \u2013 and will have its best chance to endure. Akhil Amar and Andy Lipka look deeply into the opinion to find the great themes it sounds.<\/p><\/div><\/div><\/div>

Divided Argument<\/span>

Weird Islands<\/h3>

Dan Epps and Will Baude dig into the birthright citizenship case. They read the majority opinion as the rare easy case and spend more time on the four dissents, trying to figure out exactly where each dissenter lands.<\/p><\/div><\/div><\/div><\/div><\/div>

A Closer Look<\/div>

Justice William Cushing<\/h3><\/div>

A quick note for those wondering about the order of our weekly justice bios: We initially planned to cover every chief justice, along with many of the more recognizable associate justices, but, based on readers\u2019 suggestions, have concluded that every justice deserves a closer look (after all, there have only been 116 of them!). So we\u2019re doubling back and starting with the first court. Indeed, with the country marking its 250th birthday on Saturday, there may be no better place to start than with a man who helped ratify the Constitution and served as one of the court\u2019s six inaugural members.<\/em><\/p>

Justice William Cushing was almost chief justice. President George Washington nominated him for the court\u2019s center chair in 1796, and the Senate confirmed him unanimously. But after about a week, Cushing withdrew his acceptance, citing his declining health, and resumed his seat as an associate justice. Although the long-accepted story is that he simply declined the role, one study from the mid-2000s contends the court\u2019s own minutes show Cushing actually served as chief justice for a day or two before deciding to step down (and that he therefore belongs on the official roster between John Rutledge and Oliver Ellsworth).<\/p>

Cushing was born in March 1732, in Scituate, Massachusetts, into a family where both his father and grandfather had served as superior court judges. He graduated from Harvard College in 1751, taught school for a year, and was admitted to practice law in 1755. Around 1760 he moved to the frontier of what is now Maine, becoming the first probate judge of Lincoln County at 28 and, for a time, the only trained lawyer in the territory.<\/p>

In 1772 he succeeded his father on the Massachusetts Superior Court of Judicature. By 1777, Cushing had become the state\u2019s chief justice, a position he held for 12 years. He then helped frame the Massachusetts Constitution and, in 1788, helped ratify the U.S. Constitution as his state convention\u2019s vice president, running most of its sessions when John Hancock fell ill.<\/p>

Cushing\u2019s most significant work on the state bench came in the 1783 prosecution of Nathaniel Jennison, the final case in a trio of disputes over Quock Walker, an enslaved man who sued Jennison after being tracked down and beaten. Cushing declared slavery incompatible with the new state constitution, reasoning that \u201cthere can be no such thing as perpetual servitude of a rational creature, unless his liberty is forfeited by some criminal conduct or given up by personal consent or contract.\u201d The ruling ended slavery as a legal practice in Massachusetts. During Shays\u2019 Rebellion three years later, Cushing helped maintain order, keeping the courts open at personal risk and was later chosen to sentence the rioters.<\/p>

Washington nominated Cushing to the Supreme Court in September 1789, the Senate confirmed him two days later, and he took his seat as one of the original six justices in February 1790. Over two decades he delivered only 19 opinions, and a good number of them were quite brief \u2013 his shortest opinion ran only two sentences, and he was known for his withdrawn manner. He agreed with his colleagues in every case. Perhaps Cushing\u2019s most notable votes came in 1793\u2019s Chisholm v. Georgia<\/em>, where the court allowed a citizen of one state to sue other states in federal court (although this was soon undone by the 11th Amendment, which prevented federal jurisdiction in cases \u201cagainst one of the United States by Citizens of another State\u201d).<\/p>

In 1793, Cushing became the first justice to administer the presidential oath, swearing in Washington for his second term in Philadelphia (for his first term, state judge Robert Livingston swore him in). Like his colleagues, Cushing also rode circuit, making the twice-yearly treks across the country; he wrote to Washington of journeying through snow, and the burden only got worse as he grew older.<\/p>

Cushing remained on the court until his death in September 1810, at the age of 78 while in his hometown of Scituate. His seat eventually went to Joseph Story, whom President James Madison nominated in November 1811. (Confirmed at 32, Story became the youngest justice in the court\u2019s history.) Cushing was Washington\u2019s longest-serving appointee and the only one of the original six to sit under both Chief Justices John Jay and John Marshall, making him the \u201conly human bridge\u201d between the court\u2019s first decade and the Marshall era.<\/p><\/div><\/div>

SCOTUS Quote<\/h2>

\u201cThe Constitution expresses more than the conviction of the people that democratic processes must be preserved at all costs. It is also an expression of faith and a command that freedom of mind and spirit must be preserved, which government must obey if it is to adhere to that justice and moderation without which no free government can exist.\u201d<\/p>

Read more What we learned about the court this term: an animated explainer<\/a><\/p>

\u2014 Justice Harlan Fiske Stone in Minersville School District v. Gobitis<\/em> (1940)<\/p><\/div><\/div><\/div><\/div>","protected":false},"excerpt":{"rendered":"

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