In major immigration case, both sides look to academia to untangle three...
Can the Biden administration issue guidelines setting priorities in the enforcement of immigration law? Do states have standing to challenge these guidelines? And if the guidelines are unlawful, does...
View Article“Tenth justice” or “third advocate”?: Examining the solicitor general’s...
Does the solicitor general’s office have too much influence over the Supreme Court? In “The Loudest Voice at the Supreme Court: The Solicitor General’s Dominance of Amicus Oral Argument,” a recent...
View ArticleAcademic highlight: The past, present and future of court packing
Once considered taboo, court packing is now a topic at presidential debates, the subject of numerous op-eds and a trending hashtag on Twitter. Proponents of expanding the Supreme Court point out that...
View ArticleAcademic highlight: Oldfather on the “Inconspicuous DHS” and celebrity...
Thirty years ago, President George H.W. Bush made the surprising choice to nominate the enigmatic David H. Souter to the Supreme Court. As Professor Chad Oldfather explains in a new article, “The...
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Academic highlight: The “Odd Party Out” theory of certiorari
Adam Bonica is an associate professor in the Department of Political Science at Stanford University. Adam Chilton is a professor at the University of Chicago Law School. Maya Sen is a professor at the...
View ArticleAcademic highlight: Sachs responds to “How to Save the Supreme Court”
In their article “How to Save the Supreme Court,” Daniel Epps and Ganesh Sitaraman argue that the Supreme Court faces a legitimacy crisis requiring it to either “radically change—or die.” They outline...
View ArticleAcademic highlight: Sohoni on the “lost history” of nationwide injunctions
In his concurrence in the 2018 Supreme Court decision upholding President Donald Trump’s travel ban, Trump v. Hawaii, Justice Clarence Thomas criticized the courts below for issuing injunctions that...
View ArticleAcademic highlight: Sherry on the “Kardashian Court”
Against all odds, a surprising number of Supreme Court justices have morphed into celebrities over the last decade. Justice Ruth Bader Ginsburg has led the way: She is currently the subject of a...
View ArticleAcademic highlight: The rise of the “hot bench”: what it means for the...
Terry Skolnik is Assistant Professor at the University of Ottowa, Faculty of Law.Beginning in the mid 1990s, the dynamics of Supreme Court hearings started to change significantly. Many of these...
View ArticleAcademic highlight: Lawyers with more experience obtain better outcomes
Michael J. Nelson is Jeffrey L. Hyde and Sharon D. Hyde and Political Science Board of Visitors Early Career Professor in Political Science at Penn State University. Lee Epstein is Ethan A.H. Shepley...
View ArticleAcademic highlight: The Framer’s intent: Gouverneur Morris, the Committee of...
As the federal constitutional convention drew to a close, the delegates appointed the Committee of Style and Arrangement to prepare a final Constitution from the textual provisions that the convention...
View ArticleAcademic highlight: The quiet doctrinal shift (likely) behind the border-wall...
By what was effectively a 5-4 vote, the Supreme Court yesterday agreed to fully stay a California district court’s injunction against President Donald Trump’s repurposing of appropriated funds to build...
View ArticleAcademic highlight: Fallon on “Law and Legitimacy in the Supreme Court”
“By what moral right does the … Supreme Court establish controversial rules of law, some of which many people think are mistaken or even morally repugnant, and then enforce its dictates coercively?”...
View ArticleAcademic highlight: The need for transparency in state attorneys general...
Lisa F. Grumet is Visiting Associate Professor of Law and Director of the Diane Abbey Law Institute for Children and Families at New York Law School.Today, the Supreme Court will, for the ninth time,...
View ArticleAcademic highlight: Hyatt is latest example of textualist-originalist...
Anita S. Krishnakumar is the Mary C. Daly Professor of Law and the Associate Dean for Faculty Scholarship at St. John’s University School of Law.The U.S. Supreme Court’s decision in Franchise Tax Board...
View ArticleAcademic highlight: The states arguing as amici curiae in the Supreme Court
Those of you paying close attention to oral argument in the Supreme Court this term may have noticed something unusual. In three cases (Sturgeon v. Frost, Gamble v. United States and Tennessee Wine...
View ArticleAcademic highlight: Levitt on the collateral consequences of Department of...
On its face, Department of Commerce v. New York asks whether the government may add a question about citizenship status to the 2020 decennial census. But as Professor Justin Levitt explains in a...
View ArticleAcademic highlight: The risks of Supreme Court term limits
Suzanna Sherry is Herman O. Loewenstein Chair in Law at Vanderbilt Law School. Christopher Sundby is earning a joint JD/PhD in law and neuroscience at Vanderbilt University.Should we impose term limits...
View ArticleAcademic highlight: Epps and Sitaraman on how to save the Supreme Court
The Supreme Court faces a crisis of legitimacy. The process of selecting new justices has become both contentious and overtly partisan, as illustrated by the Republican-controlled Senate’s refusal to...
View ArticleAcademic highlight: Hasen on political polarization and the Supreme Court
Common sense tells us that increased political polarization affects the U.S. Supreme Court as well as the political branches, and now legal scholars have the data to prove it. In a forthcoming paper,...
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