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EMERGENCY DOCKET

Supreme Court allows DHS to end parole for a half-million noncitizens

By Amy Howe on May 30, 2025 at 12:40 pm

The Supreme Court paused a ruling by a district court temporarily barring the government from withdrawing permission for 500,000 noncitizens to stay in the country, possibly allowing the Trump administration to remove them from the United States as their legal challenges go forward. In dissent, Justice Jackson decried the “devastating consequences” of the court’s order on the half-million noncitizens.

The ceiling over the Supreme Court building entrance

The Trump administration came to the court on May 8. (Mark Fischer via Flickr)

OPINION ANALYSIS

Supreme Court limits scope of environmental review 

By Amy Howe on May 30 at 11:23 am

The Supreme Court on Thursday unanimously narrowed the scope of review required under a major 1970 environmental law, ruling that a federal agency did not need to consider the broader environmental effects of a proposed crude oil transport railway in northern Utah. Justice Brett Kavanaugh wrote that courts should give “substantial deference” to the agency’s determination as to what should be included in the environmental impact statement prepared for a project.

RELIST WATCH

Government contractors’ defenses, election challenges, and intellectual disability in capital cases

By John Elwood on May 29 at 3:27 pm

A regular round-up of “relisted” petitions. This week: the Supreme Court considers two petitions involving defenses that government contractors can raise against tort claims; standing to assert challenges to election laws; and Alabama’s latest bid to revisit the standards for determining intellectual disability in capital cases.

SCOTUS FOCUS

An unexpected shift to the right: the conservative justices’ recent embrace of law review articles

By Brent Newton on May 27 at 11:20 am

Law review articles are often said to have little to no effect on actual legal practice or judicial decision making. In a 2012 study, Professor Brent Newton found not only empirical support for that proposition with regard to the Supreme Court, but that liberal justices were far more likely to cite such articles compared to their conservative peers. A decade later, and much to Newton’s surprise, conservative justices have come to embrace law review articles at a startling rate, far outpacing their liberal colleagues.

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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WHAT WE’RE READING

The morning read for Friday, May 30

By Zachary Shemtob on May 30, 2025

Yesterday, May 29, the Supreme Court issued its opinion in Seven County Infrastructure Coalition v. Eagle County.

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 Thursday, May 29

By Zachary Shemtob on May 29, 2025

We’re expecting one or more opinions from the court at 10 a.m. EDT. Join us for the live blog, beginning at 9:30 a.m.

Each weekday, we select a short list of news articles and commentary related to the Supreme Court. Here’s the Thursday morning read:

IN MEMORIAM

The intellectual empathy of David Souter

By Kent Greenfield on May 28, 2025

This article is part of a series on the legacy and jurisprudence of the late Justice David Souter.

Kent Greenfield is Professor of Law and Dean’s Distinguished Scholar at Boston College. He clerked for Justice Souter during the 1994 Term.

Most of the many lovely tributes penned lately by those who had the good fortune to know David Souter have mentioned his ability to see people around him as genuine human beings worthy of attention. Around the Supreme Court, he afforded respect not only to his colleagues but also to the folks in the lunch room, the messengers, the janitorial staff, and the court police officers. 

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WHAT WE’RE READING

The morning read for Wednesday, May 28

By Zachary Shemtob on May 28, 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: Tomorrow, May 29, the court expects to issue one or more opinions from the current term. We’ll be live at 9:30 a.m. EDT that day for the opinions.

EMERGENCY DOCKET

Trump asks Supreme Court to allow deportations to third-party countries

By Amy Howe on May 27, 2025

This article was updated on May 28 at 10:56 a.m.

The Trump administration on Tuesday afternoon asked the Supreme Court to pause an order by a federal judge in Massachusetts that prohibits the federal government from deporting immigrants to a country that is not specifically identified in their deportation orders unless the government first meets criteria to ensure that the immigrants will not face torture in that country. “These judicially created procedures,” U.S. Solicitor D. John Sauer told the justices, “are currently wreaking havoc on the third-party removal process,” infringing on the executive branch’s power over immigration and disrupting “sensitive diplomatic, foreign-policy, and national-security efforts.” 

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