Last term at the Supreme Court ended with a bit of drama from the bench that provided a fitting end to a term marked by more than its fair share of raw emotions in the courtroom. The last major decision announcement was Glossip v. Gross, a challenge to Oklahoma’s lethal injection protocol. Glossip, a … Continue reading Listen to This—Justice Scalia’s Remarkable Bench Announcement in Glossip
One week into the new Term at the U.S. Supreme Court, the early conventional wisdom is taking shape, and it’s looking like a good term for the conservatives. Last term ended on a high note for the liberals. In addition to the same-sex marriage decision, there were a number of dodged bullets as the four … Continue reading The Term Ahead at the Supreme Court
On April 5, 1979, the New York Times ran on its Op-Ed page a piece by Yale Law Professor Robert Cover titled “Your Law-Baseball Quiz.” Each of the six questions began with the name of a Supreme Court Justice, followed by a list of four Major League Baseball players. The object of the quiz was … Continue reading Remembering Yogi Berra (and Earl Warren)
Guest Post by Vinay Harpalani, Associate Professor of Law, Savannah Law School In its October 2015 term, the U.S. Supreme Court will once again consider the constitutionality of race-conscious admissions policies. On June 29, the Court surprised many observers when it granted Abigail Fisher’s petition for a writ of certiorari in Fisher v. Texas (II)—two years after its … Continue reading Fisher v. Texas, the Remix
For whom do the justices write their opinions? In the run-of-the-mill Supreme Court ruling, the answer to this question seems self-evident. Who would plow through a lengthy, often technical, always citation-laden opinion other than judges, lawyers and law professors? Yet when it comes to big ones, the minority of decisions that capture the attention … Continue reading The Supreme Court and Its Audience
The headline from today’s major rulings involving the Affordable Care Act and the Fair Housing Act is that the supposedly “conservative” Roberts Court continues to produce a remarkably “liberal” series of decisions. The surprising success of the Court’s left-leaning justices this Term had been noted even before today, and most observers believe the liberals are … Continue reading Some Thoughts on the “Liberal” Day at the Supreme Court
On Monday the U.S. Supreme Court issued its decision in Horne v. Department of Agriculture, reversing the Ninth Circuit and declaring an agricultural marketing program dating back to the 1930s an unconstitutional takings. Chief Justice Roberts wrote the decision for the court, joined, predictably, by Justices Alito, Scalia, Kennedy and Thomas. Justice Breyer, joined by … Continue reading Horne v. Department of Agriculture—Personal Property and Per Se Takings
The folks at Oyez have put together an infographic of the seven opinions the Supreme Court has left to issue this Term, including those on same-sex marriage, the Affordable Care Act, and lethal injection. Get the scoop on these cases below, and be sure to visit oyez.org for the full story.
June marks the home stretch for the Supreme Court, the closing month of the annual term that began the previous October. No more cases are to be argued. From now until the Court finishes its work for the year, the justices convene the Court at least once a week (more as the end gets closer) … Continue reading This Term at the Supreme Court—What Remains?
This Monday, June 1, 2015, the Supreme Court handed down its long-awaited decision in Elonis v. United States. In a 7-2 ruling by Chief Justice John G. Roberts, Jr., the Court narrowed the circumstances under which individuals can be convicted of making criminal threats under federal law when they post statements on social media like … Continue reading Elonis v. United States: Treading Carefully with Regard to Threats and Free Speech