Challenge brought to Trump’s new birthright citizenship order

Just five days after President Donald Trump signed a new executive order that seeks to narrow the availability of birthright citizenship – the current guarantee of automatic citizenship to almost all babies born in the United States – lawyers for the plaintiffs who successfully challenged Trump’s earlier order restricting birthright […]

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Court announces cases it will hear in November, including religious discrimination dispute

The Supreme Court will hear oral arguments in November in disputes over (among other issues) a Catholic preschool’s challenge to its exclusion from a Colorado preschool program and an inmate’s ability to sue a federal prison official for violating his constitutional rights. The calendar for the justices’ November argument session, […]

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Weakening the protection against sex discrimination?

Few were surprised by the court’s ruling in West Virginia v. B.P.J. upholding a West Virginia law prohibiting transgender girls and women from participating in sports corresponding to their gender identity. How the court justified its ruling, however, has troubling implications. The court analyzed the West Virginia law under equal […]

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A reflection on John Roberts

On this day in 1965, the Senate confirmed the appointment of Abe Fortas to the Supreme Court. Fortas ultimately served on the court for under four years, resigning in May 1969 amid a financial scandal and potential impeachment effort. At the Court On July 27, the Trump administration asked the […]

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The Supreme Court and the Indian nations

This article was adapted from an essay that first appeared in the essay collection America Unfinished: 250 Years of Law and Governance (MIT Press, 2026). *** Indian nations occupy two distinct places in American history and law. American Indians are mentioned only once in the Declaration of Independence. They are in […]

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12 angry men – or six?

“6 Angry Men” doesn’t have the same ring as the name of the famous film – but is 12 constitutionally required? Or is it merely a convention that some states choose to follow in the spirit of English common law? When the Supreme Court returns this fall, it will confront […]

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Justice Alito isn’t going anywhere

Thirty-three years ago today, Justice Ruth Bader Ginsburg was sworn-in. At the Court On July 27, the Trump administration asked the Supreme Court on its emergency docket to clear the way for the implementation of President Donald Trump’s executive order on mail-in voting. Twelve states – led by Alabama – […]

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Trump signs new birthright citizenship order, ballroom dispute likely headed to Supreme Court

President Donald Trump on Thursday signed an executive order seeking to narrow the availability of birthright citizenship, the current guarantee of citizenship to almost everyone born in the United States. The order, which bears the title “Continuing to Protect the Meaning and Value of American Citizenship,” came just a little […]

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