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EMPIRICAL SCOTUS

Presidential rhetoric and Supreme Court nominees

By Adam Feldman on January 14, 2026

Empirical SCOTUS is a recurring series by Adam Feldman that looks at Supreme Court data, primarily in the form of opinions and oral arguments, to provide insights into the justices’ decision making and what we can expect from the court in the future.

Supreme Court nominations represent one of a president’s most consequential responsibilities, the impact of which extends decades beyond his term. The language presidents employ when discussing nominees reveals their constitutional philosophy, political strategy, and vision for the court. It is not clear when another Supreme Court seat will open. But, in anticipation of such a vacancy, this article examines how Presidents Barack Obama, Joe Biden, and Donald Trump described Supreme Court justices and nominees during their campaigns and in official speeches.

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ARGUMENT ANALYSIS

Supreme Court appears likely to uphold transgender athlete bans

By Amy Howe on January 13, 2026

Updated on Jan. 13 at 7:45 p.m.

The Supreme Court on Tuesday seemed likely to uphold laws that prohibit transgender women and girls from competing on women’s and girls’ school sports teams. After nearly three-and-a-half hours of arguments in a pair of cases from Idaho and West Virginia, a majority of the justices appeared to agree with the states that the laws can remain in place, even if it was not clear how broadly their ruling might sweep.

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