A State Court Trial Judge’s Thoughts on Samia v. United States: Not Entirely Consistent with Crawford v. Washington
Samia promotes judicial economy at the cost of the Sixth Amendment’s right of confrontation.
The Surprising Success of the Alabama Plaintiffs in the Voting Rights Case Allen v. Milligan
In the recent Supreme Court term, the conservative majority on the Court prevailed on a significant number of controversial decisions. In the area of minority voting rights, however, the Court surprised experienced observers by ruling in favor of Alabama minority plaintiffs in a major redistricting case.
How Stalking Became Free Speech: Counterman v. Colorado and the Supreme Court’s Continuing War on Women
The Counterman decision suggests that when it comes to women’s speech and safety, the more intractable problem with the current Supreme Court is not the forces that divide it, but those that unite it.
The Real and the Phantom 303 Creative: Which Is More Dangerous?
Professor Catherine J. Ross emphasizes the majority's narrow holding over the dissent's parade of horribles in response to 303 Creative v. Elenis.
Biden v. Nebraska: The President Cannot Cancel Student Loans
The majority held that the President and Secretary of Education lacked authority to cancel student debts. They could have stopped there. They did not.
After the Students for Fair Admissions Cases, Affirmative Action Is Unconstitutional in Both Public and Private Schools
The immediate effect is that affirmative action is now unconstitutional. The ripple effects will unfold over a period of decades.
Plaintiffs and Precedent Win the Day in Norfolk Southern Case
Despite its unexpected path to the high court, Norfolk Southern strengthens plaintiffs’ ability to sue companies in the forum of their choice, and provides a surprise boost to the beleaguered doctrine of stare decisis.
Santos-Zacaria v. Garland: Amid Little Fanfare, the Court Allows Transgender Asylum Seeker to Continue Her Bid for Protection
A legal victory for transgender asylum seeker Estrella Santos-Zacaria.
Sackett v. EPA: The Court Delivers Another Massive Blow to Federal Environmental Law
The current Supreme Court is not a friend of the administrative state.