States seek clarity on class actions in a post-CASA world

In last term’s Trump v. CASA, the Supreme Court curtailed the use of universal injunctions – that is, lower court orders that grant relief to everyone, even people not involved in the case. On one view, this dramatically limited the ability of district courts to provide widespread relief to those affected […]

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SCOTUStoday for Thursday, November 13

The Supreme Court wrapped up its arguments for the November sitting yesterday and announced what cases it will hear in January. Mark your calendars accordingly – we certainly have! SCOTUS Quick Hits Tomorrow, the justices will take part in a private conference and discuss cases and petitions for review. On Monday, […]

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Supreme Court will hear cases in January on transgender athletes, gun rights, and Trump’s firing of Fed governor

The Supreme Court will kick off 2026 with a series of arguments in blockbuster cases. In a calendar released on Wednesday afternoon, the justices announced that they will hear arguments in January in cases involving transgender athletes, the latest chapter in the court’s gun rights jurisprudence, and President Donald Trump’s bid to […]

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What James Madison thought about AR-15s

A Second Opinion is a recurring series by Haley Proctor on the Second Amendment and constitutional litigation. My most recent column considered the challenges involved in determining the legal rules created by the people who ratified and amended the Constitution, given that the answers lie so far in the past. This column […]

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Borderlines, benchslaps, and burdens of proof

The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. A short explanation of relists is available here. The Supreme Court had some good news and some bad news for the petitioners in relisted cases this week. It was good news for the state […]

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SCOTUStoday for Wednesday, November 12

Justice William O. Douglas announced his retirement on this day in 1975, nearly 11 months after suffering a stroke and more than 36 years after joining the Supreme Court. He remains the longest serving justice in Supreme Court history. SCOTUS Quick Hits On Friday, the Trump administration urged the court […]

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Trump administration and lawyers for Illinois and Chicago battle over president’s deployment of National Guard

On Monday afternoon, the Trump administration and lawyers for the state of Illinois and the city of Chicago filed additional briefs in response to a Supreme Court order for them to discuss whether, for purposes of the federal law on which President Donald Trump relied to call up the National Guard – which allows […]

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SCOTUStoday for Tuesday, November 11

The Supreme Court Building is closed for Veterans Day, and the justices are not hearing oral arguments. In recognition of the holiday, we are sending an abridged version of this newsletter. SCOTUS Quick Hits On Monday, the Supreme Court’s order list revealed that the justices declined to hear Davis v. […]

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Court dubious of ICE contractor’s right to immediate appeal

The argument on Monday in The GEO Group v. Menocal suggested that this is shaping up to be a rough term for government contractors. As I wrote last week, the argument in Hencely v. Fluor Corporation did not appear to go well for the contractor, and the justices seemed even more clearcut in their lack of […]

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