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ARGUMENT ANALYSIS

No clear decision emerges from arguments on judges’ power to block Trump’s birthright citizenship order

By Amy Howe on May 15 at 4:20 p.m.

During over two hours of oral arguments on Thursday, in a case involving President Donald Trump’s effort to end birthright citizenship, no clear picture emerged of how the justices will resolve a dispute over whether federal judges can issue nationwide orders to block a policy as legal challenges move through lower courts.

Protesters holding up anti-Trump banners in front of the Supreme Court

Protesters outside the Supreme Court on Thursday while the justices heard oral argument. (Mark Walsh)

IN MEMORIAM

Lessons about home and humility from Justice Souter

By Michael Mongan on May 15 at 4:29 pm

To honor Justice David Souter, who died at home in New Hampshire on May 8, we will be publishing tributes on his legacy and jurisprudence from those who knew him. Michael Mongan, who serves as the California Solicitor General, clerked for Souter from 2007 to 2008. Mongan writes on the profound connection the justice had with his home in Weare, N.H., and the lessons that relationship imparted.

SCOTUS FOCUS

Questions about Thursday’s oral argument in the birthright citizenship dispute? We have (some) answers.

By Amy Howe on May 13 at 10:03 am

The Supreme Court held a rare May argument in Trump v. CASA on Thursday, a dispute over orders blocking the Trump administration’s effort to end birthright citizenship that came to the justices on their emergency docket. Amy Howe breaks down the case and answers key questions on the dispute.

IN MEMORIAM

David Souter, retired Supreme Court justice, dies at 85

By Amy Howe on May 9 at 10:31 am

Retired Associate Justice David Souter died on May 8 at his home in New Hampshire. He was 85. Souter served on the court from 1990 to 2009. He was appointed to the Supreme Court by Republican President George H.W. Bush 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.

Advocates in Conversation

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San Francisco City Attorney David Chiu discusses City and County of San Francisco v. EPA, in which the court is considering whether the Environmental Protection Agency violates the Clean Water Act when it imposes generic prohibitions in a permit for a city’s water discharges, without specifying explicit standards for discharges.   
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VIEW FROM THE COURT

A peek at the merits

By Mark Walsh on May 15, 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.

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WHAT WE’RE READING

The morning read for Thursday, May 15

By Ellena Erskine on 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 WE’RE READING

The morning read for Wednesday, May 14

By Ellena Erskine on 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:

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.

IN MEMORIAM

The heartbeat of the law is human connection

By Allison Orr Larsen on 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 get my ID badge, and the man working the elevator, and the woman who gave me a tour around the Supreme Court library. It did not take me long to realize that everyone in that building knew Justice Souter and – remarkably – that he knew everyone else.

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WHAT WE’RE READING

The morning read for Tuesday, May 13

By Ellena Erskine on 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:

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.