How Supreme Court precedents die before they are overruled

When the Supreme Court says a precedent has been “abandoned,” the real work has already been done. That was the story of Lemon v. Kurtzman, decided in 1971. For decades, the court invoked, revised, sidestepped, and criticized Lemon’s approach to the establishment clause of the First Amendment. The formal reports still contained […]

Read More

Nine days in June

As we await the usual late-June flurry of decisions – some of them quite significant – I wanted to reflect on what I believe to be the most extraordinary June in the modern Supreme Court, which took place four years ago in 2022. In decisions between June 21 and June […]

Read More

Court adds three cases to 2026-27 docket

Reminder: We’ve got new merch! Celebrate your love of SCOTUSblog and Advisory Opinions with a new hat or shirt. At the Court On Monday, the court added three cases to its oral argument docket for next term and denied several notable petitions for review. For more on Monday’s order list, […]

Read More

Court agrees to hear three new cases, including on the constitutionality of six-person juries

The Supreme Court on Monday added three new cases, on issues ranging from hearings for noncitizens in immigration detention to the constitutionality of Florida’s six-person juries and the exceptions to the general rule on second petitions for federal post-conviction relief. The announcement came as part of a list of orders […]

Read More

The dissent that became a statute

Near the end of her career, Lilly Ledbetter received an anonymous note: she was being paid far less than every man doing the same job. Ledbetter was one of the first female supervisors at an Alabama Goodyear tire plant, working the 12-hour 7pm to 7am overnight shift for nearly 20 […]

Read More