The Ethics of Law Professor Amicus Briefs Revisited
Are law professors too quick to sign their names on briefs submitted to courts? Is this a problem?
Judiciary
Does the Law of Standing "Need a Rewrite" After TransUnion?
Another federal appellate judge expresses discontent with current standing doctrine.
Should Justice Sotomayor Retire? Some People Think So.
Some liberals and progressives think Justice Sotomayor should retire this year to ensure a Democratic President names her replacement.
Were There Last Minute Changes to Trump v. Anderson?
There are reasons to suspect the justices were wrangling over language up until the last minute.
Justice Kavanaugh Still Wants SCOTUS To Hear More Cases
The Supreme Court's docket may be awfully small, but it's not Justice Kavanaugh's fault.
While Attention Was on Oral Argument in Trump v. Anderson, the Supreme Court Issued Two Opinions
Things you may have missed between the Trump disqualification case, Biden special counsel report, and NBA trade deadline.
Justice Sotomayor Voices Her Frustration with Supreme Court and Advocates
Some candid remarks at the University of California at Berkeley
More Circuit Court Vacancies For Biden To Fill (But Not As Many As There Could Be)
Quite a few judges have opted to take senior status, but some who are eligible have not.
Guest Post on Israeli Supreme Court Decision Striking Down Law Restricting Judicial "Reasonableness" Review of Government Policies
The post is by prominent Israeli legal scholar Ronit Levine-Schnur (University of Tel Aviv).
Fifth Circuit Rejects Younger Abstention Claim by Prosecutor Seeking to Prosecute Netflix for Airing "Cuties"
A rare federal court decision denying Younger abstention.
Is the Fifth Circuit Becoming the New Ninth?
The Court is taking more cases from the Fifth Circuit, and its decisions do not appear to be faring well.
Justice Kavanaugh Really Wants to Hear More (Patent) Cases
Not all of the justices are happy about the Court's stingy approach to certiorari.
Does the Quality of Brief Writing Affect the Outcome of Supreme Court Decisions?
An interesting empirical study looks at whether better briefs lead to better outcomes.
Israeli Parliament Passes Law Limiting Judicial "Reasonableness" Review of Government Policies
The new law is probably the least objectionable part of the right-wing government's attack on judicial review in Israel.
Are Petitions for Certiorari Declining?
October Term 2022 saw a significant drop in the number of paid petitions for certiorari. Is it a trend?
Notes on "The Restrained Roberts Court"
Contrary to popular perception, the current Supreme Court overturns precedent and declares laws to be unconstitutional less often than its predecessors did.
Looking Back on the Supreme Court's 2022-23 Term
Some end-of-term comments and an assessment of my end-of-term predictions.
President Biden: Supreme Court Is Not "Normal," But Should Not Be Expanded
The President strongly criticized the Supreme Court's recent decisions, but refuses to endorse radical reform.
Supreme Court to Consider Scope of Congress's Taxing Power under the 16th Amendment
The question presented is whether the 16th Amendment authorizes Congress to tax unrealized sums without apportionment among the states.
D.C. Circuit Affirms Dismissal of Bivens Claims Over Clearing of Lafayette Park
Applying settled precedent, the court bars a Bivens action, but Judge Walker suggests a possilble alternative.
Judge Dave Retires from the Bench
The Honorable David B. Sentelle has heard his last case.
Predicting Case Authors and Outcomes as the Supreme Court Hits the Home Stretch
Some worth-what-you-paid-for-them predictions for the final(?) week of SCOTUS opinions.
Immigrants Can't Naturalize if They Own a Marijuana Dispensary, Court Says
Maria Elena Reimers has been caught in legal limbo for years.
Justice Thomas Had No Majority Opinion from October Sitting, But Still Wrote More Than Any Other Justice
Justice Ketanji Brown Jackson may speak the most at oral argument, but Justice Thomas is writing more pages.
District Court Judge Revives Kids Climate Case
Years after the Ninth Circuit ordered the case dismissed, it is brought back to life with a surprising trial court order.
Justice Kavanaugh Still Wants to Hear More Cases (Revised)
Justice Kavanaugh continues to support granting certiorari in cases his colleagues do not wish to hear.
SCOTUS Chooses California Over Pork Producers and Bacon Consumers (and Issues Four Other Opinions Too)
The Supreme Court issues five merits opinions, but there are still forty more waiting.
Delegitimizing the Supreme Court
Plus: A look back at Rochelle Walensky's tenure as head of the CDC
Where Are the SCOTUS Opinions?
This Supreme Court term is setting a record for not releasing opinions in argued cases.
Justice Kavanaugh Wants to Hear More Cases
Justice Kavanaugh was alone in noting his desire to accept certiorari in two cases the justices rejected.
Progressive-Backed Candidate Wins Seat on Wisconsin's Supreme Court
Abortion and gerrymandering are likely to be on the court's docket in the near future, and Janet Protasiewicz ran unabashedly to the left on both issues. Is this the best way to decide contentious topics?
The Israeli Fight Over Judicial Review Highlights the Dangers of Unconstrained Democracy
Opponents of the proposed reforms are right that unlimited majority rule is a recipe for tyranny.
Political Supports for an Independent Judiciary
Observing Israel (and the United States) through the lens of political science
With (Judicial) Friends Like These…
The surprising recent rise in partisan, racial, and gender differences in circuit judges following earlier opinions.
COVID-19 and the Confrontation Clause
Is testimony over Zoom consistent with a criminal defendant's Constitutional rights?
Biden Nominee to the First Circuit Faces Potential Democratic Opposition Over Abortion
A nominee's work defending a state parental-notification law in 2005 may be a stumbling block to his confirmation.
Justice Jackson Calls for Reining in the Use of Munsingwear Vacatur
The Court's newest justice questions whether her colleagues are too quick to vacate lower court decisions.
House Republicans Pass Bill To Prevent Federal Meddling in Online Speech
The bill is overbroad and could have unintended consequences.
A Consistent Approach to Protecting Judicial Review in Both the US and Israel
Why I oppose both right-wing efforts to neuter judicial review in Israel and left-wing attempts to do the same in the US.
On Universal Vacatur, the Supreme Court, and the D.C. Circuit
Thoughts on recent oral argument exchanges on whether the Administrative Procedure Act contemplates (let alone requires) universal vacatur.
An Unusual Supreme Court Split in Bittner v. United States
The Bank Secrecy Act divides the justices in an unusual way, and Justice Barrett authors her fourth opinion in an argued case.
Justice Jackson's First Opinion in an Argued Case
To the junior-most justice goes a case arising out of the Supreme Court's original jurisdiction concerning the Abandoned Money Orders and Traveler's Checks Act.
Today at the Supreme Court: Biden's Student Loan Cancellation Plan on Trial
The Supreme Court considers the scope of presidential power in Biden v. Nebraska and Department of Education v. Brown.
Has Justice Barrett Replaced Justice Ginsburg as the Court's Quickest Opinion Writer?
Justice Barrett has produced two majority opinions before most of her colleagues have produced one.
Should There Be Three-Judge Panels for National Injunctions
A proposal to limit state AG (and other) forum-shopping for national injunctions.
West Virginia Family Court Judge with History of Arranging Warrantless Searches Resigns
We may have finally discovered a limit to judicial immunity.
New Israeli Government's Judicial Reforms are not Anti-Democratic—But they May Create a Tyranny of the Majority
By destroying judicial review, they would empower the narrow right-wing majority to violate the rights of minorities.
Justice Barrett Authors First Supreme Court Decision of the Term
The Supreme Court has been slow to issue opinions this term, but the first opinion has finally been released.