Two cheers for “insecure originalism”

In his new book, Justice Samuel Alito takes aim at what he calls judicial “insecurity,” or a judge’s self-conscious worry that he might be advancing his own policy preferences under the guise of impartial adjudication. “Twenty-first century originalists,” he argues, “should shed this insecure mindset.” Alito’s suggestion is at odds […]

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Justices to decide whether failure to plead an affirmative defense prevents moving for summary judgment on that same defense

Younge v. Fulton Judicial Circuit District Attorney’s Office, Georgia, to be argued on Nov. 2, involves an issue that will quicken the pulse of civil procedure aficionados. No less than four different rules of the Federal Rules of Civil Procedure are in play: affirmative defenses under Rule 8, amending a […]

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Court declines to restore Biden-era regulation allowing some deportation proceedings to be suspended

The Supreme Court on Tuesday declined to restore a Biden-era regulation that allows immigration judges to suspend some deportation proceedings. In a brief, unsigned order, the court turned down a request from three cities and a group that provides legal services to immigrants to pause an agreement between Texas and […]

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Assessing the first round of oral arguments of the 2026-27 term

Justice Ketanji Brown Jackson – typically the court’s most frequent speaker at oral argument – began the term relatively quietly. In Suncor Energy v. Boulder County, the first argued case, she spoke the fourth-most among the participating justices, accounting for only 12.1% of the court’s words. But that relative silence […]

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Another Trump term?

President Donald Trump and his policies were a consistent and high-profile theme during the Supreme Court’s last term. The justices weighed in on several of Trump’s signature initiatives, from sweeping global tariffs and his efforts to limit the availability of birthright citizenship to his attempts to fire members of the […]

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The Trump administration’s attempt to prevent noncitizen voting and the role of Supreme Court

The Supreme Court may soon see another clash between the original public meaning of the Constitution and President Donald Trump’s wishes. The birthright citizenship case, Trump v. Barbara, is one previous example of this. The next instance, which looms on the horizon, involves the issue of noncitizen voting. The Trump […]

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The Supreme Court and prediction markets

While preparing this newsletter, the SCOTUStoday team comes across a wide variety of legal news. Still, some headlines stick with us, including this one: Convicted Australian Murderer Loses Bid to Eat Vegemite in Prison. At the Court On Oct. 21, the Trump administration returned to the Supreme Court’s interim docket, […]

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