No Executive Taxation Without Clear Legislative Authorization

Brothers in Law is a recurring series by brothers Akhil and Vikram Amar, with special emphasis on measuring what the Supreme Court says against what the Constitution itself says. For more content from Akhil and Vikram, please see Akhil’s free weekly podcast, “Amarica’s Constitution,” Vikram’s regular columns on Justia, and Akhil’s new book, Born Equal: […]

Read More

SCOTUStoday for Friday, November 7

As the U.S. Supreme Court considered its high-profile case on tariffs, the Supreme Court of Canada was considering a major case of its own. The case, which concerned a dispute over the Canadian Food Inspection Agency’s plan to cull more than 300 ostriches from a rural farm due to concerns […]

Read More

Six significant cases the justices are deciding whether to hear

The justices returned to the courtroom on Monday for the start of the court’s November sitting. On Friday, they’ll return to their conference room for their first private conference since Oct. 17 and consider several petitions for review awaiting action from the court.  Here’s a brief overview of six notable […]

Read More

SCOTUStoday for Thursday, November 6

The tariffs argument lasted approximately two hours and 39 minutes. That’s long, but nothing compared to Gibbons v. Ogden. On an entirely separate note, we are excited to announce that Advisory Opinions host and SCOTUSblog editor Sarah Isgur’s book is now available for pre-sale. According to her publisher, the book […]

Read More

Court appears dubious of Trump’s tariffs

The Supreme Court on Wednesday seemed skeptical of President Donald Trump’s authority to impose sweeping tariffs in a series of executive orders earlier this year. During more than two-and-a-half hours of oral arguments, a majority of the justices appeared to agree with the small businesses and states challenging the tariffs […]

Read More

Trump’s tariffs: from dollars to donuts

Security around the U.S. Supreme Court building is amped up a bit this morning, almost as if somebody really important was planning to attend.  President Donald Trump toyed with the idea of showing up in the courtroom for the arguments over the legality of his tariffs in Learning Resources, Inc. v. […]

Read More

Court debates a time limit on challenging void judgments

On Tuesday, the Supreme Court considered whether it’s possible to run out of time to challenge a judgment that never should have been issued.  The dispute in Coney Island Auto Parts Unlimited, Inc. v. Burtonarose arose after Vista-Pro Automotive, LLC began bankruptcy proceedings in Tennessee in November 2014. As part of the […]

Read More