Do the internal Supreme Court memos concerning the stay of the Clean Power Plan reveal judicial hypocrisy or a failure of the justices to apply the proper standard of review? Many commentators seem to think so. Many also seem…
This morning's New York Times contains a blockbuster scoop by Adam Liptak and Jodi Kantor: Internal memos from the Supreme Court discussing whether to stay the Obama Administration's Clean Power Plan. The NYT has…
President Donald Trump made history yesterday at the U.S. Supreme Court when he became the first sitting president on record to attend a SCOTUS oral argument. Unfortunately for Trump, his presence, however attention-grabbing,…
Mark Chenoweth is president and chief legal officer of the New Civil Liberties Alliance (NCLA), a nonprofit that brings lawsuits and files amicus briefs designed to reduce the power of the Securities and Exchange Commission,…
Conservative-leaning justices had tough questions for whether President Donald Trump can fire a member of the Federal Reserve Board of Governors, in a Supreme Court case that could have a major impact on monetary policy and…
The Supreme Court heard two cases out of Idaho and West Virginia on Tuesday that could determine the future of state laws banning males from playing female sports. Chief Justice John Roberts, seen as a swing vote in the…
In his year-end report on the state of the federal judiciary, Chief Justice John Roberts makes some notable statements about the Declaration of Independence and its relevance to constitutional interpretation. The relevant…
Justices didn’t seem to break along predictable lines Wednesday, when they presented critical questions to both sides in a case regarding a Christian pastor’s free speech challenge to a Mississippi city ordinance. In Olivier…
There was a time when the U.S. Court of Appeals for the Ninth Circuit was notorious for issuing decisions at odds with existing Supreme Court precedent, and getting repeatedly overturned as a result. The Ninth Circuit was…
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