Skip to content
Newsletter

SCOTUStoday for Wednesday, March 4

Carved details along top of Supreme Court building are pictured
(Katie Barlow)

Good morning, and welcome to the court’s fourth opinion day in less than two weeks. We will be live blogging beginning at 9:30 a.m. EST.

At the Court

On Tuesday, the court heard argument in Hunter v. United States, on whether a federal appeals court properly dismissed a Texas man’s appeal of a mandatory-medication condition when he had signed an appellate waiver as part of his plea agreement but the judge who imposed the condition told him that he had a right to appeal.

Also on Tuesday, the court denied a request for a stay of execution from Billy Leon Kearse, who was executed in Florida hours later.

As noted above, the court has indicated that it may announce opinions this morning at 10 a.m. EST. We will be live blogging beginning at 9:30 a.m.

After the possible announcement of opinions, the court will hear argument in Montgomery v. Caribe Transport II, on whether freight brokers can be held liable for negligent hiring.

Morning Reads

How Trump's bid to reshape House maps stalled after pushback from Democrats, courts

Joseph Ax, Reuters

About eight months ago, “President Donald Trump convinced Texas Republicans … to redraw the state’s congressional map,” sparking an unusual mid-decade redistricting push in several Republican-led states that was expected to net the GOP “as many as a dozen new House seats in November,” according to Reuters. But that redistricting effort has not played out as expected because “Trump’s push stalled in several Republican states, while Democrats’ own aggressive moves in states like California, and favorable court rulings, have allowed them to claw their way to a near-draw.” That said, the redistricting battle may not be over; a few Republican-led states could adopt new maps ahead of this year’s elections based on the Supreme Court’s ruling in its Voting Rights Act case.

Trump threatens to cut off trade with Spain after it disallowed US use of joint bases in Iran war

Fatima Hussein and Suman Naishadham, Associated Press

On Tuesday, President Donald Trump “threatened to end trade with Spain, citing a lack of support over the U.S. and Israeli attacks on Iran and the European nation’s resistance to increasing its NATO spending,” according to the Associated Press. However, it was not immediately clear how Trump would carry out that threat, since Spain is part of the European Union and “[t]he EU negotiates trade deals on behalf of all 27 member countries.” The AP noted that Trump’s comments on Spain were “just the latest instance of the president wielding the threat of tariffs or trade embargoes as a punishment.” After the Supreme Court struck down his signature tariffs, Trump claimed “that the court allows him to instead impose full-scale embargoes on other nations of his choosing.”

Trump Administration, in Reversal, Tries to Continue Fight Against Law Firms

Michael S. Schmidt, Jonah E. Bromwich, and Devlin Barrett, The New York Times

In an abrupt about-face, the Trump administration on Tuesday told the U.S. Court of Appeals for the District of Columbia Circuit “that it planned to renew its defense of executive orders that it had leveled against law firms,” which aim to force cooperation between the firms and the government, according to The New York Times. On Monday, the administration had requested “to abandon the fight” against four law firms that challenged the orders, but it has now asked to withdraw that request. Shira A. Scheindlin, a former federal district judge in Manhattan, told the Times that she expects the administration to “lose at the appeals court level,” but added that the executive orders “might have some faint hope at the Supreme Court.”

Mirabelli Offers a Beautiful Vision of the Emergency Docket

Josh Blackman, The Volokh Conspiracy, Reason

In a post for Reason’s Volokh Conspiracy blog, Josh Blackman reflected on the court’s Monday order in Mirabelli v. Bonta, an interim docket case concerning California policies on transgender students. The court’s ruling in favor of parents seeking to be notified if their children change the names or pronouns they’re using at school “represents an important installment in the Supreme Court’s developing emergency docket jurisprudence,” Blackman contended. “At this point … six Justices seem to agree when and why emergency relief is proper.”

What the Founders’ Drinking Habits Have to Do with Gun Rights

Charles C.W. Cooke, National Review

In a column for the National Review, Charles C.W. Cooke revisited Monday’s argument in United States v. Hemani, on the Second Amendment rights of users of illegal drugs, noting that “Justice Neil Gorsuch posed a question that has not typically been debated in detail at the Supreme Court: whether the Founding Fathers of the United States were ‘all habitual drunkards.’” That question may seem “peculiar” or even “rude,” Cooke wrote, but it was actually a “brilliant” way for Gorsuch to challenge the government’s contention that founding-era laws on habitual drunkards justify modern restrictions on drug users’ Second Amendment rights. By pointing out that the Founding Fathers were “a bunch of hearty libertarian sponges,” Gorsuch made it clear that habitual drunkard laws applied more narrowly than the government made it seem, according to Cooke.

On Site

From the SCOTUSblog Team

The UK Supreme Court

For the debut entry in a new series on different supreme courts around the world, Zachary Shemtob spoke with Mark Elliott, a professor of public law at the University of Cambridge and fellow of St Catharine’s College, Cambridge, about the Supreme Court of the United Kingdom.

A picture shows the facade of the Supreme Court in central London on August 1, 2025.
Relist Watch

Déjà vu all over again

In his latest Relist Watch column, John Elwood analyzed the one new relist set to be considered at this Friday’s conference, which raises a familiar question about whether restrictions on gun ownership for past felons violate the Second Amendment and a more novel one about sentencing guidelines for offenses involving a firearm capable of accepting a large capacity magazine.

relist watch banner art lien
Contributor Corner

Birthright citizenship: A note on foundlings and comments on four complementary amicus briefs

In their Brothers in Law column, Akhil and Vikram Amar explored four amicus briefs filed in the birthright citizenship case that address foundlings, or babies born of unknown parentage. “Together, these four briefs show that the foundling issue alone … is a sufficient basis on which to reject the Trump administration’s outlandish claim that, with small exceptions, a birthright citizen must be able to point to a citizen parent or a permanent-resident parent,” they contended.

The United States Capitol building is seen in Washington D.C., United States, on December 9, 2025
Contributor Corner

The justices’ troubling message to lower courts

In his Civil Rights and Wrongs column, Daniel Harawa reflected on two recent decisions in which the court summarily reversed grants of habeas relief to state petitioners. “That the Supreme Court reversed in two habeas cases may not come as much of a surprise,” Harawa wrote. “But the repeated summary reversal … sends a more troubling message: that federal habeas relief should largely be understood as beyond reach.”

The Supreme Court building is pictured in Washington, D.C.

Podcasts

Advisory Opinions

Trump Bypasses Congress on Iran

Sarah Isgur and David French debate whether President Donald Trump’s military action against Iran requires congressional authorization, explore the constitutional limits of presidential power, and argue over which version of James Madison deserves our respect.

SCOTUS Quote

“The Framers of the Constitution knew human nature as well as we do. They too had lived in dangerous days; they too knew the suffocating influence of orthodoxy and standardized thought. They weighed the compulsions for restrained speech and thought against the abuses of liberty. They chose liberty.”

— Justice William Douglas in Beauharnais v. Illinois

Recommended Citation: Kelsey Dallas and Nora Collins, SCOTUStoday for Wednesday, March 4, SCOTUSblog (Mar. 4, 2026, 9:00 AM), https://www.scotusblog.com/2026/03/scotustoday-for-wednesday-march-4/