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COURT NEWS

Court agrees to hear case on environmental laws, does not act on several Second Amendment challenges

By Amy Howe on March 9, 2026

Updated on March 9 at 5:14 p.m.

The Supreme Court added just one case – a technical dispute over the interaction between two federal environmental laws – to its docket for the 2026-27 term. The justices on Monday morning released a list of orders from their private conference last week in which they granted review in Department of the Air Force v. Prutehi Guahan, but did not act on a variety of other high-profile cases that they considered last week, including a request from Steve Bannon, a former adviser to President Donald Trump, to clear the way for a lower court to throw out his conviction for contempt of Congress.

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IMMIGRATION MATTERS

In birthright citizenship case, Justice Department urges court to treat an old concept in a new way

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.

President Donald Trump’s attempt to narrow access to birthright citizenship is less than one month from argument. The Justice Department is urging the justices to side with Trump’s interpretation of the 14th Amendment’s citizenship clause by incorporating into it the legal concept of domicile, which traditionally refers to the place where a person lives and intends to continue living, even though it doesn’t appear in the constitutional provision’s text. In doing so, the Justice Department also attempts to transform domicile from a broad principle to one that is remarkably more restrictive.

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IN DISSENT

The dissent that believed the Olympics belong to everyone

By Anastasia Boden on March 9, 2026

In Dissent is a recurring series by Anastasia Boden on Supreme Court dissents that have shaped (or reshaped) our country.

The Olympics are one of those rare moments when the country comes together whatever its divisions and stays up late watching a skater joyfully complete a near perfect routine just years after quitting the sport completely – or cheers as a hockey player scores the winning goal in overtime moments after losing a few teeth to an opponent’s stick. The athletes’ personal stories somehow feel like our own.

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ARGUMENT ANALYSIS

Justices poised to adopt exceptions to federal criminal defendants’ appellate waivers

By Richard Cooke on March 6, 2026

The Supreme Court heard oral argument on Tuesday in Hunter v. United States about what exceptions exist to federal defendants’ waivers of their right to appeal. The justices seemed poised to endorse more exceptions than just the two the government endorsed – ones for ineffective assistance of counsel in entering into a plea agreement and for sentences above the statutory maximum. A number of justices also expressed misgivings about relying on contract law to define exceptions to appellate waivers, the framework that both Hunter and the government principally invoked, and a majority seemed likely to hold, at a minimum, that a defendant could escape from an appellate waiver when enforcing it would result in a “miscarriage of justice,” a standard that a number of federal courts of appeals have applied.

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Ratio Decidendi

The emergency docket’s critics have it backwards

By Stephanie Barclay on March 6, 2026

Ratio Decidendi is a recurring series by Stephanie Barclay exploring the reasoning – from practical considerations to deep theory – behind our nation’s most consequential constitutional decisions.

Last Monday, the Supreme Court issued two emergency orders in a single evening: Mirabelli v. Bonta, vacating the U.S. Court of Appeals for the 9th Circuit’s stay of a district court injunction protecting parents from California’s gender-identity nondisclosure policies, and Malliotakis v. Williams, staying a New York trial court order that would have redrawn a congressional district before the 2026 midterms. The rulings share little in common on the merits, but they have attracted a unified critique: that the court bypassed necessary procedural steps in a rush to reach preferred results.

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