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Blog 2 months ago
Challenge brought to Trump's new birthright citizenship order
Just five days after President Donald Trump signed a new executive order that seeks to narrow the availability of birthright citizenship - the current guarantee of automatic citizenship to almost all babies born in the United States - lawyers for the plai
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Blog 2 months ago
Court announces cases it will hear in November, including religious discrimination dispute
The Supreme Court will hear oral arguments in November in disputes over (among other issues) a Catholic preschool's challenge to its exclusion from a Colorado preschool program and an inmate's ability to sue a federal prison official for violating his con
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Blog 2 months ago
The court should hold oral argument outside of the capital
This is the third piece in a series on what I believe the court can, and should, do better.Over the years, the Supreme Court found its home in several places, following Congress from New York to Philadelphia, then to the Capitol building in Washington, D.
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Blog 2 months ago
Weakening the protection against sex discrimination?
Few were surprised by the court's ruling in West Virginia v. B.P.J. upholding a West Virginia law prohibiting transgender girls and women from participating in sports corresponding to their gender identity. How the court justified its ruling, however, has
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Blog 2 months ago
A reflection on John Roberts
On this day in 1965, the Senate confirmed the appointment of Abe Fortas to the Supreme Court. Fortas ultimately served on the court for under four years, resigning in May 1969 amid a financial scandal and potential impeachment effort.At the CourtOn July 2
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Blog 2 months ago
The Supreme Court and the Indian nations
This article was adapted from an essay that first appeared in the essay collection America Unfinished: 250 Years of Law and Governance (MIT Press, 2026).Indian nations occupy two distinct places in American history and law. American Indians are mentioned
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Blog 2 months ago
12 angry men - or six?
"6 Angry Men" doesn't have the same ring as the name of the famous film - but is 12 constitutionally required? Or is it merely a convention that some states choose to follow in the spirit of English common law? When the Supreme Court returns this fall, it
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Blog 2 months ago
Justice Alito isn't going anywhere
Thirty-three years ago today, Justice Ruth Bader Ginsburg was sworn-in.At the CourtOn July 27, the Trump administration asked the Supreme Court on its emergency docket to clear the way for the implementation of President Donald Trump's executive order on
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Blog 2 months ago
Trump informs Lisa Cook that he is "considering" her removal
President Donald Trump has renewed his effort to fire Lisa Cook, a member of the Federal Reserve's Board of Governors. The Supreme Court on June 29 temporarily thwarted Trump's initial effort to remove Cook, emphasizing the need for the Federal Reserve to
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Blog 2 months ago
Trump signs new birthright citizenship order, ballroom dispute likely headed to Supreme Court
President Donald Trump on Thursday signed an executive order seeking to narrow the availability of birthright citizenship, the current guarantee of citizenship to almost everyone born in the United States. The order, which bears the title "Continuing to P
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