Law and politics collide in asylum case

When the president signs a bill that Congress sends him, he imbues words with the elixir of the law. Once turned into law, words became orders that structure the world in which we live. But while the world constantly changes, the words that constitute a law don’t. When the politics […]

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Justice Alito in the spotlight

Yesterday was publication day for Justice Samuel Alito, who drew on his past speeches to write a book – So Ordered: An Originalist’s View of the Constitution, the Court, and Our Country – on his judicial philosophy. At the Court On Tuesday, the justices heard oral argument in Anderson v. […]

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Justices emphasize comparing apples to apples in assessing investment choices for retirement funds

The argument yesterday in Anderson v. Intel Corp Investment Policy Committee showed a bench skeptical of claims that the investment choices of employee retirement funds should form an easy basis for litigation in federal court. The employer in the case is Intel, and the complaint is that Intel’s fiduciaries have […]

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Justices debate which courts may hear constitutional challenges to laws on veterans’ benefits

The Supreme Court on Monday considered whether federal district courts have the authority to hear certain constitutional challenges to laws affecting veterans’ benefits and, if they do, what types of constitutional challenges fall into this category. After just over an hour of oral argument in Johnson v. United States Congress, […]

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The term’s first arguments

Brett Kavanaugh’s nomination to the Supreme Court was confirmed by the Senate on this day in 2018. Hungry for more information about the 2026-27 term? On Thursday, Pacific Legal Foundation is hosting a virtual term preview event, with SCOTUSblog’s Zach Shemtob as one of the panelists. Register here to watch […]

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Justice Scalia’s originalist gambit

On the 40th anniversary of Justice Antonin Scalia’s swearing-in, I wanted to reflect on one major aspect of his legacy to the American people. As many SCOTUSblog readers are undoubtedly aware, Justice Scalia led the way to an astounding revival of textualism and originalism, which had been dead since the […]

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Opening the book on the October Term 2026

The first Monday in October brings the new Supreme Court term and, with it, the first day of oral arguments. The opening case is Suncor Energy Inc. v. County Commissioners of Boulder County, on whether state-tort claims against energy companies brought by the city and county of Boulder, Colorado, are […]

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Court sends mixed signals on whether it will allow state-tort suits seeking to hold energy companies liable for climate change to go forward

The Supreme Court on Monday opened its new term by hearing arguments in a lawsuit filed in state court by the city and county of Boulder, Colorado, seeking to hold two major energy companies responsible for their alleged role in climate change and its impact. After nearly two hours of […]

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