The biggest Supreme Court surprises this term

At the end of a recent talk on the Supreme Court’s latest term I was asked what surprised me most about the term. I was not surprised by the results in the most high-profile cases of the term, such as tariffs, presidential removal power, birthright citizenship, and restrictions on transgender […]

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Two cheers – but not three – for Roberts and Barrett

Chief Justice John Roberts and Justice Amy Coney Barrett deserve high praise for the pivotal role they played at the end of the just-concluded term in two key cases. One is Trump v. Barbara, the monumental decision confirming that the equal protection clause of the 14th Amendment guarantees birthright citizenship. […]

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A history of justices testifying before Congress

Justices Elena Kagan and Amy Coney Barrett will appear before House and Senate subcommittees today to address the Supreme Court’s budget request. Keep reading to learn more about that request and the history of such congressional testimonies. Plus, don’t forget to register for Thursday’s LinkedIn Live event on the 2025-26 […]

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A dissent worthy of a World Cup

This month the World Cup final will be played at MetLife Stadium, home of the New York Giants and Jets. Nobody finds it odd that soccer’s biggest match will be staged in a stadium built for football. That’s remarkable, because 44 years ago America’s first major soccer league stood in […]

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How Justice Samuel Alito stands out

Saturday marked 105 years since William Howard Taft was sworn in as chief justice, becoming the only person to have served as both president and a justice (though others have tried). Plus, you only have a few days left to register for Thursday’s LinkedIn Live event on the 2025-26 term’s […]

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The limits of the Second Amendment

In previous articles, I explored two of the biggest unanswered questions in the Second Amendment space: Who are “the people,” and what constitutes “Arms”? Both of these questions seemingly emerge from the text of the amendment itself, which states that “[a] well regulated Militia, being necessary to the security of […]

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High court mysteries

One might argue that Supreme Court justices are more visible today than ever before. Six have published books and Brett Kavanaugh is apparently working on one to become the seventh. Several have recently given television interviews, others have not shied from making public statements. Yet (as SCOTUSblog readers are likely […]

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The rarity of Supreme Court do-overs

Yesterday marked 158 years since the ratification of the 14th Amendment. The amendment, which, among other things, guarantees citizenship to “[a]ll persons born or naturalized in the United States, and subject to the jurisdiction thereof,” was in the spotlight during the 2025-26 term, in large part because of the birthright […]

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