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CASE PREVIEW

Can courts excuse late removals to federal court?

By Bradley Joondeph on February 19, 2026

As many law students learn in their civil procedure course, when a plaintiff files suit in state court asserting a claim over which a federal district court would have jurisdiction, federal law permits the defendant to remove the case to federal court. But the defendant must act quickly: 28 U.S.C. § 1446(b)(1) requires the notice of removal to be filed within 30 days of receiving the complaint or being served with process. The question in Enbridge Energy LP v. Nessel – on which the court will hear argument on Feb. 24 – is whether district courts are authorized to extend (or “equitably toll”) this 30-day deadline for excusable reasons.

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IMMIGRATION MATTERS

What the Justice Department overlooks in its historical argument to end birthright citizenship

By César Cuauhtémoc García Hernández on February 19, 2026

Immigration Matters is a recurring series by César Cuauhtémoc García Hernández that analyzes the court’s immigration docket, highlighting emerging legal questions about new policy and enforcement practices.

In my last column, I discussed how the Justice Department – in the battle over birthright citizenship – had selectively interpreted the original meaning of the citizenship clause of the 14th Amendment. But that is not the only hole in the government’s argument – in this column I explore how the DOJ has also overlooked the historical importance of certain key laws enacted by Congress.

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COURT NEWS

Supreme Court updates recusals process

By Amy Howe on February 18, 2026

The Supreme Court on Tuesday revealed that it has put new software in place to “assist in identifying potential conflicts” of interest for the justices. In a press release issued by its Public Information Office, the court announced changes to its rules – which, it explained, are generally “designed to support operation” of that software.

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ScotusCrim

The anticipated criminal law decisions and arguments for the rest of this term

By Rory Little on February 18, 2026

ScotusCrim is a recurring series by Rory Little focusing on intersections between the Supreme Court and criminal law.

Today’s column is my busman’s holiday project: providing nerd-like numbers and information focused solely on Supreme Court cases that address criminal law issues.

This is especially relevant given that the court has now posted its calendar for the final argument session of the 2025-26 term, with oral arguments to take place from April 20-29. And the court will also begin issuing more “headline” opinions this coming Friday. Aside from boring civil cases like birthright citizenship or firing a governor of the Federal Reserve 😀, we are awaiting some big criminal law decisions. And some hugely significant criminal law cases still have oral arguments upcoming (there will be three two-week oral argument sessions at the end of February, March, and April).

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CASE PREVIEW

Supreme Court to hear arguments on confiscations by Cuban government

By Amy Howe on February 18, 2026

It has been more than 65 years since Cuba’s communist government came to power and confiscated large swaths of assets owned by U.S. businesses in Cuba. On Monday, the Supreme Court will hear oral arguments in a pair of cases brought by two of those U.S. businesses, which are seeking to recover those decades-old losses under a 1996 law that targets the Cuban regime.

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