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Scotus blog
- Posted on Friday May 16, 2025
 The Supreme Court on Thursday revived a lawsuit filed by the mother of a Texas man who was shot and killed during a traffic stop by a police officer on a highway outside Houston.
Roberto Felix of the Harris County Constable’s Office pulled Ashtian Barnes, who was Black, over because his girlfriend’s rental car, which he was driving to pick up her daughter from day care, had unpaid tolls. When Barnes began to drive away, with the driver’s door still open, Felix jumped on the running board and fired twice on Barnes, killing him at the scene.
Barnes’ mother, Janice Hughes Barnes, filed a civil rights lawsuit, but her suit was dismissed when a lower court found that the officer had not used excessive force in violation of the Fourth Amendment. Eight years after her son’s death, she then brought the case to the Supreme Court.
The question before ... Continue Reading » - Posted on Friday May 16, 2025
 Each weekday, we select a short list of news articles and commentary related to the Supreme Court. Here’s the Friday morning read:
Supreme Court could block Trump’s birthright citizenship order but limit nationwide injunctions (Mark Sherman And Lindsay Whitehurst, The Associated Press)
Supreme Court sides with family of man killed by police after he was pulled over for toll violations (John Fritze, CNN)
Supreme Court Rejects ‘Moment of Threat’ Limit in Excessive Force Suits (Adam Liptak, The New York Times)
Trump’s birthright order gets frosty reception, but justices appear ready to limit nationwide blocks (Josh Gerstein & Hassan Ali Kanu, Politico)
The Abrego Garcia Boomerang at the Supreme Court (The Wall Street Journal Editorial Board)
The post The morning read for Friday, May 16 appeared first on SCOTUSblog. Continue Reading » - Posted on Friday May 16, 2025
 Today the court will hear arguments in Trump v. CASA and its consolidated cases, plucked from the emergency docket for oral arguments about nationwide injunctions and the president’s executive order on birthright citizenship. Before the arguments get started, Chief Justice John Roberts has some recognition planned for the late Justice David Souter, who died last week at age 85. As things turn out this morning, I will have my own unorthodox and unplanned tribute to Souter, in particular the day in January 1996 when Souter was late to the bench for an oral argument. I am late to court today because of the growing rush-hour traffic (thanks to return-to-office orders for federal employees) and yet another demonstration right on my route to the court.
In Souter’s case, it was a January 1996 snowstorm, the kind that shut down most of official Washington but not the court, which proceeded with arguments in three cases. I ... Continue Reading » - Posted on Thursday May 15, 2025
 This article is part of a series on the legacy and jurisprudence of the late Justice David Souter.
Michael Mongan currently serves as the California Solicitor General. He clerked for Justice David Souter from 2007 to 2008.
In the days since Justice Souter passed away, I’ve struggled to assemble words that convey the depth of my feelings about him.
Some portion of that difficulty might be attributed to the private and humble manner in which he lived his life. He generally avoided making public remarks outside the courtroom (with a few notable exceptions, like his outstanding speech at Harvard in 2010). He spent much of his time and energy in the confines of his judicial chambers, along with those lucky few whom he hired to serve as clerks and assistants. Many of the deeds and remarks that define him in my mind arose in that confidential setting and will go with ... Continue Reading » - Posted on Thursday May 15, 2025
 The Supreme Court on Thursday was divided over whether a federal judge has the power to block President Donald Trump’s executive order ending birthright citizenship while the case moves through the lower courts. The Trump administration told the justices it should be able to at least partly implement the order. Although several justices in recent years have expressed skepticism about so-called nationwide injunctions, which bar the government from enforcing a law or policy anywhere in the country, during more than two hours of oral arguments, it was not clear whether a majority of the justices were ready to bar such injunctions altogether.
Arguments on Thursday mostly steered clear of the question of whether Trump’s order is legal under the Constitution – what is known as the merits of the case – instead focusing mostly on procedural questions. In particular, some justices were dubious about whether a proposed alternative to ... Continue Reading » - Posted on Thursday May 15, 2025
 We’re expecting one or more opinions from the court at 10 a.m. EDT. Following the opinion announcements, the court will hear oral arguments in three consolidated emergency appeals over orders blocking President Donald Trump’s effort to end birthright citizenship. We’ll be live blogging both, join us starting at 9:30 a.m. EDT.
Each weekday, we select a short list of news articles and commentary related to the Supreme Court. Here’s the Thursday morning read:
What to watch for during the Supreme Court’s historic birthright citizenship arguments (John Fritze, CNN)
At Supreme Court, a Once-Fringe Birthright Citizenship Theory Takes the Spotlight (Abbie VanSickle, The New York Times)
US Supreme Court hears arguments on Trump’s order to end birthright citizenship (Bernd Debusmann Jr, BBC News)
Trump’s Case Against Birthright Citizenship Is a Constitutional Loser (Damon Root, Reason)
A Key Tool for Stopping Government Tyranny Might become a Casualty of Next Week’s Birthright Citizenship Case (Anthony Sanders, The UnPopulist)
The ... Continue Reading » - Posted on Thursday May 15, 2025
 On Thursday, May 15, we will be live blogging as the court releases opinions in one or more argued cases from the current term. After the opinion announcement, we’ll stick around to live blog oral arguments in Trump v. CASA.
Click here for a list of FAQs about opinion announcements.
The post Announcement of opinions and oral argument live blog for Thursday, May 15 appeared first on SCOTUSblog. Continue Reading » - Posted on Wednesday May 14, 2025
 Each weekday, we select a short list of news articles and commentary related to the Supreme Court. Here’s the Wednesday morning read:
Birthright citizenship dispute at the Supreme Court has broad implications for Trump’s agenda (Lawrence Hurley, NBC News)
Trump’s Legal Strategy Has a Name (Andrew O’Donohue, The Atlantic)
Remembering David Souter (Mark Movsesian, The Volokh Conspiracy)
His great-grandfather enshrined birthright citizenship. Norman Wong is trying to save it. (David Nakamura, The Washington Post)
Donald Trump Warns That Supreme Court Ruling Against Him Could Destroy US (Kate Plummer, Newsweek)
Coming up: On Thursday, May 15, the court expects to issue one or more opinions from the current term. The justices will then hear oral arguments in Trump v. CASA. We’ll be live at 9:30 a.m. EDT for the opinions and argument.
The post The morning read for Wednesday, May 14 appeared first on SCOTUSblog. Continue Reading » - Posted on Wednesday May 14, 2025
 This article is part of a series on the legacy and jurisprudence of the late Justice David Souter.
Allison Orr Larsen is the Alfred Wilson & Mary I.W. Lee Professor of Law at William & Mary Law School. She clerked for Justice David Souter from 2005 to 2006. Clerking at the U.S. Supreme Court is an unbelievable honor and a once-in-a-lifetime job. But it starts out like any other job – with HR paperwork and getting an ID made. On my first day as a law clerk for Justice David Souter, in July 2005, I found myself lost in the labyrinth of the Supreme Court building and I had to ask a security guard for directions. When I told him who I was and what I was doing there he responded, “Oh you are lucky. Justice Souter is the best.” A similar sentiment came from the woman who helped me ... Continue Reading » - Posted on Tuesday May 13, 2025
 Each weekday, we select a short list of news articles and commentary related to the Supreme Court. Here’s the Tuesday morning read:
In birthright citizenship case, US Supreme Court gets two controversies in one (Andrew Chung, Reuters)
Trump Administration Asks Supreme Court to Allow Venezuelan Deportations to Resume (Abbie VanSickle, The New York Times)
What’s At Stake As Trump’s Assault On Birthright Citizenship Heads To The Supreme Court (Althea Legaspi, Rolling Stone)
Trump’s bid to end birthright citizenship heads to the Supreme Court (Jean Lantz Reisz, The Conversation)
With Trump’s ban on trans troops in effect, US tests lawful discrimination (Sara Pequeño, USA Today)
Coming up: On Thursday, May 15, the court expects to issue one or more opinions from the current term. The justices will then hear oral arguments in Trump v. CASA. We’ll be live at 9:30 a.m. EDT for the opinions and argument.
The post The morning read for Tuesday, May 13 ... Continue Reading » - Posted on Tuesday May 13, 2025
 On May 15, the Supreme Court will hear oral arguments in the federal government’s efforts to be able to generally implement President Trump’s executive order ending birthright citizenship – the guarantee of citizenship to virtually everyone born in the United States.
The dispute is one of the relatively rare proceedings that came to the justices as an emergency appeal – on the so-called “shadow docket” – only to be set for oral arguments.
Here is some more information about the dispute and the upcoming oral argument.
What are the justices actually considering on Thursday?
Though the dispute comes to the justices through challenges to Trump’s effort to end birthright citizenship, the primary issue before the court on Thursday is whether lower-court judges can issue what are known as universal injunctions to block an order nationwide. With a universal injunction, a federal judge (or several in this case) can that bar ... Continue Reading » - Posted on Monday May 12, 2025
 Two labor unions and a grassroots advocacy group urged the Supreme Court on Monday to leave in place an order by a federal judge in Maryland that temporarily prohibits members of the so-called Department of Government Efficiency from accessing the records of the Social Security Administration. Lawyers for the groups told the justices that, “in a sudden and striking departure from generations of precedent spanning more than a dozen presidential administrations,” the SSA “now seeks to throw open its data systems to unauthorized (and often unvetted) personnel who have no demonstrated need for the personally identifiable information they seek.”
DOGE, which is not a cabinet-level department, was created in January by President Donald Trump to modernize government technology and cut waste and fraud. The challengers in this case went to federal court in Baltimore, Md., to contest SSA’s decision to provide access to its records to DOGE.
Senior U.S. District ... Continue Reading » - Posted on Monday May 12, 2025
 Each weekday, we select a short list of news articles and commentary related to the Supreme Court. Here’s the Monday morning read:
Trump uses Supreme Court birthright citizenship case in bid to limit judges’ power (Maureen Groppe, USA Today)
These pregnant moms eye Supreme Court’s birthright citizenship arguments with fear (John Fritze, CNN)
David Souter Set an Example for the Supreme Court (Noah Feldman, Bloomberg)
Despite Souter’s objection, SCOTUS should absolutely televise its public hearings (Jordan Rubin, MSNBC)
Should Reporters Identify Judges by the President Who Nominated Them? (Linda Greenhouse, The New York Times)
Coming up: On Thursday, May 15, the court expects to issue one or more opinions from the current term. The justices will then hear oral arguments in Trump v. CASA. We’ll be live at 9:30 a.m. EDT for the opinions and argument.
The post The morning read for Monday, May 12 appeared first on SCOTUSblog. Continue Reading » - Posted on Friday May 09, 2025
 The court announced this morning that Retired Associate Justice David Souter died yesterday at his home in New Hampshire. He was 85 years old.
Each weekday, we select a short list of news articles and commentary related to the Supreme Court. Here’s the Friday morning read:
Retired Supreme Court Justice David Souter dies at 85 (Dan Mangan, CNBC)
David H. Souter, Republican Justice Who Allied With Court’s Liberal Wing, Dies at 85 (Linda Greenhouse, The New York Times)
Hegseth initiates ban on transgender troops after Supreme Court ruling (Alex Horton & Casey Parks, The Washington Post)
The Supreme Court’s birthright citizenship case isn’t really about birthright citizenship (Ian Millhiser, Vox)
A Way Out of SCOTUS Charter School Ruling Mess: Focus on Mission, Not Religion (Richard D. Kahlenberg, The 74)
The post The morning read for Friday, May 9 appeared first on SCOTUSblog. Continue Reading » - Posted on Friday May 09, 2025
 Retired Justice David Souter, who was appointed to the Supreme Court by a Republican president but became a reliable member of the court’s liberal bloc during his 19 years there – so much so that the phrase “No more Souters” became a rallying cry when future Republican presidents had the opportunity to fill vacancies on the court – died on Thursday at his home in New Hampshire. He was 85 years old.
In a statement released by the court’s Public Information Office on Friday, Chief Justice John Roberts remembered Souter, saying that he “brought uncommon wisdom and kindness to a lifetime of public service.” Souter, Roberts concluded, “will be greatly missed.”
David Hackett Souter was born on September 17, 1939, in Melrose, Mass. He graduated from Harvard College in 1961. He was named a Rhodes Scholar, spending two years at Oxford University’s Magdalen College, from which he received a master’s ... Continue Reading »
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