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SCOTUStoday for Monday, March 23

Kelsey Dallas's Headshot
Carved details along top of Supreme Court building are pictured
(Katie Barlow)

Good morning, and welcome to the March argument session, which includes the argument on birthright citizenship on Wednesday, April 1.

This Thursday, March 26, SCOTUSblog is teaming up with Briefly for a LinkedIn Live event about the birthright citizenship case. Briefly’s Adam Stofsky will interview Amy about each side’s key arguments, the court’s potential leanings, and what the eventual decision could mean for the country. The event will begin at noon EDT on Thursday. Register here.

At the Court

On Friday, the court released its ruling in Olivier v. City of Brandon, Mississippi. In a unanimous opinion from Justice Elena Kagan, the court held that a street preacher can sue to prevent future enforcement of the public demonstration ordinance that he was previously convicted of violating. For more on the ruling, see Kelsey’s opinion analysis in the On Site section below.

Also on Friday, the justices met in a private conference to discuss cases and vote on petitions for review. Orders from that conference are expected this morning at 9:30 a.m. EDT.

Today, the justices will hear argument in Watson v. Republican National Committee, on whether federal law requires not only that voters cast their ballots by Election Day, but also that election officials receive the ballots by then.

Tomorrow, the justices will hear argument in two cases: Keathley v. Buddy Ayers Construction, on the rules pardoning omissions by bankrupt debtors; and Noem v. Al Otro Lado, on the rights of asylum seekers at the U.S.-Mexico border.

Next week, on Wednesday, April 1, we will be live blogging as the Supreme Court hears argument in Trump v. Barbara, the birthright citizenship case.

Morning Reads

Cast a ballot and wait for the plane. In Alaska, a grace period for ballots is seen as a necessity

Becky Bohrer, Associated Press

Ahead of today’s argument on deadlines for mail-in voting, the Associated Press visited “[t]he tiny Alaska Native village of Beaver,” where mail and household supplies arrive and depart by plane, to explore what’s at stake for Alaska in the Supreme Court case. “Many here worry that” the case “challenging whether ballots received after Election Day can be counted in federal elections could end Alaska’s practice of accepting late-arriving ballots. Alaska counts ballots if they are postmarked by Election Day and received within 10 days, or 15 days for overseas voters in general elections.” Republican Lisa Murkowski, Alaska’s senior U.S. senator, told the AP that she thinks “there’s probably no other state where this ruling could have a more detrimental impact than ours.”

Will the majority-Catholic Supreme Court listen to the church on immigration?

Maureen Groppe, USA Today

U.S. Catholic bishops have filed friend-of-the-court briefs in two immigration cases set to be argued during the March sitting, in which they make not just legal, but also moral arguments in favor of asylum seekers and against President Donald Trump’s executive order on birthright citizenship, according to USA Today. These briefs “could have a uniquely receptive audience,” because “[s]ix of the nine justices are practicing Catholics, and a seventh, Neil Gorsuch, was raised Catholic.”

Supreme Court Justice Amy Coney Barrett at the Library: “Respect the law”

Maria Peña, Library of Congress

During her appearance this month at the Library of Congress, Justice Amy Coney Barrett emphasized the American people’s role in defending the Constitution. “Respect for the law, reverence for the Constitution, really begins with American citizens. It’s really more of a trickle up than a trickle down,” Barrett said, according to the library’s coverage of the event. Barrett also addressed her relationship with her colleagues, highlighting the value of choosing collegiality day after day. “You really have to decide how you want to treat people … and then you have to follow through on the commitment that you make,” Barrett said.

Samuel Alito and Sonia Sotomayor Did Not Attend the Same Princeton

Peter S. Canellos, The New York Times

In a column for The New York Times, Peter S. Canellos, the author of a forthcoming book on Justice Samuel Alito and the conservative legal movement, explored how life on campus at Princeton University changed between when Alito enrolled there in 1968 and Justice Sonia Sotomayor enrolled in 1972, as the recent introduction of female students led the school to rethink its “chaste rules of conduct and rigorous curfews” and “President Richard Nixon’s incursion into Cambodia” fueled a student strike over war. Alito was “in the cross hairs of protesters” as a member of the R.O.T.C. and, for that reason and others, has been “critical of his time at Princeton” since his graduation. Canellos contended that Alito went on to find a comfort in the “Federalist Society and other conservative institutions” that he did not experience at Princeton. Like Alito, Sotomayor had mixed feelings about Princeton while she attended, but she helped bring about its embrace of “[w]omen, nonwhite students and those who ‘march to different drummers,’” according to Canellos.

Roscoe Conkling, the Political Boss Who Twice Declined a Supreme Court Appointment

Damon Root, Reason

In his newsletter for Reason, Damon Root put a spotlight on Roscoe Conkling, “a U.S. senator from New York and the undisputed boss of the Empire State’s notorious Republican political operation” in the late 19th century. President Ulysses S. Grant offered to appoint Conkling as chief justice in 1873 to thank him for how he’d wielded his political power. “This was not such an unusual move at the time, as plum judicial appointments often went to politicians in those days rather than to purely legal figures,” Root wrote. But Conkling turned down Grant’s offer, explaining that, if he joined the court, he “would be forever gnawing my chains.” Conkling was later appointed to be an associate justice by President Chester A. Arthur, but he again declined – after the Senate had confirmed him. Conkling felt “he could wield far more power from the Senate than he ever could from the Supreme Court.”

On Site

Opinion Analysis

Unanimous court allows street preacher’s free speech case to move forward

A unanimous court on Friday sided with a Mississippi street preacher who sued to block enforcement of a public demonstration ordinance that he was previously convicted of violating. A lawsuit like his, seeking a forward-facing remedy, is not barred by Heck v. Humphrey, a 1994 ruling limiting the challenges convicted criminals can bring against the law under which they were convicted, wrote Justice Elena Kagan.

Supreme Court steps
Case Preview

Justices to consider arbitration exemption for “last-mile” drivers

Flowers Foods v. Brock brings the justices another in a lengthening line of cases about the exemptions from the Federal Arbitration Act. The specific question is whether “last-mile” drivers – drivers who deliver from a regional warehouse to the store – are exempt from the arbitration requirements of that statute.

The US Supreme court, in Washington, DC, on April 2, 2022.

SCOTUS Quote

JUSTICE KENNEDY: “I was curious to know, you said Congress never intended, and then we didn’t get the never.”

MR. FLEMING: “Never –”

JUSTICE KENNEDY: “I’m sure Congress never intended that we have the dialogue that we’re having here today.”

Mathis v. United States (2016)

Recommended Citation: Kelsey Dallas, SCOTUStoday for Monday, March 23, SCOTUSblog (Mar. 23, 2026, 9:00 AM), https://www.scotusblog.com/2026/03/scotustoday-for-monday-march-23/