Supreme Court agrees to hear case on digital privacy, reverses ruling ordering new murder trial

The Supreme Court on Monday morning agreed to weigh in on the interpretation of a federal law, enacted in the wake of Judge Robert Bork’s unsuccessful Supreme Court confirmation hearings, intended to protect videotape rental histories from public disclosure. The justices also reversed a ruling by a federal appeals court […]

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A mid-term update on criminal law at the Supreme Court

ScotusCrim is a recurring series by Rory Little focusing on intersections between the Supreme Court and criminal law. A lot has happened on the Supreme Court’s docket since my September preview, including six criminal law opinions on the merits (two by summary reversal – that is, without additional briefing and […]

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Court to decide whether immigration agents can presume guilt

Immigration Matters is a recurring series by César Cuauhtémoc García Hernández that analyzes the court’s immigration docket, highlighting emerging legal questions about new policy and enforcement practices. Immigration law creates a clear hierarchy of access to the United States. Most people who are not U.S. citizens do not have any […]

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SCOTUStoday for Monday, January 26

Former Supreme Court Justice Joseph McKenna was sworn in on this day in 1898. McKenna’s Oyez biography notes that, although he studied law before beginning a political career, he was thought by some to be too weak a jurist to deserve a spot on the court. “In fact, two federal […]

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The Ten Commandments return to federal court

Ratio Decidendi is a recurring series by Stephanie Barclay exploring the reasoning – from practical considerations to deep theory – behind our nation’s most consequential constitutional decisions. On Tuesday the U.S. Court of Appeals for the 5th Circuit sat en banc to hear oral argument in two consolidated cases challenging […]

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SCOTUStoday for Friday, January 23

Former Supreme Court Justice Potter Stewart was born on this day in 1915. Although a distinguished jurist, he is perhaps best known for using the phrase “I know it when I see it” (see the fuller quote below) in describing how difficult it is to define “hard core pornography” for […]

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Closing out the cases to be heard this term

Nuts and Bolts is a recurring series by Stephen Wermiel providing insights into the mechanics of how the Supreme Court works.  An important window may be closing at the Supreme Court. No, not because of the current renovation taking place on the Supreme Court Building at One First Street. The […]

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Justices dubious about forcing actuaries to use out-of-date assumptions in assessing costs of leaving a multiemployer pension plan

Tuesday’s argument in M&K Employee Solutions v Trustees of the IAM National Pension Fund showed a bench skeptical of forcing actuaries to use out-of-date assumptions when they work on pension plans. The case involves a particular type of pension arrangement in which a group of employers in the same industry […]

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