The funniest justice of the 2025-26 term

As Justice Samuel Alito has said, there are “some people who have nothing better to do than count Supreme Court laughs.” True enough: Last September, I did just that, tallying the number of “laughs” between the 2017-18 and the 2024-25 terms to crown “the funniest justice.” The winner: Justice Neil Gorsuch, […]

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Devolving standards of decency

Over the summer, Judge Joshua Divine of the U.S. District Court for the Eastern District of Missouri issued an unusual (to put it mildly) “sentencing opinion.” The defendant in the case pleaded guilty to receiving child sexual abuse material (the allegations were that he had engaged in sexual acts with […]

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All eyes on the Missouri map battle

[Newsletter ad — view on SCOTUSblog] Join us today at 1 p.m. EDT on LinkedIn Live for a discussion between Amy and Briefly’s Adam Stofsky about the upcoming term. At the Court Late on Tuesday, the dispute over congressional redistricting in Missouri returned to the Supreme Court’s interim docket, when opponents of the […]

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The decision before the decision

On Friday, Aug. 21, Chief Justice John Roberts issued an administrative, or temporary, stay, allowing construction to continue on the White House ballroom. The order put on hold a district court injunction that would have halted work by midnight, and it explained nothing, staying the injunction “pending further order.” Ten […]

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Respecting our multi-branch lawmaking process

In my inaugural entry for this column, I critiqued the Supreme Court’s reliance on an abstract conception of the “separation of powers.” Because the Constitution does not contain a “separation of powers” clause, but instead contains a collection of specific provisions that enforce the separation of powers in specific ways, […]

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