Abandoning the separation of powers in times of war
The First Amendment’s application to public university students: an explainer
The 14th Amendment’s citizenship clause does not codify English principles of subjectship
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The how and why of gun control
A Second Opinion is a recurring series by Haley Proctor on the Second Amendment and constitutional litigation.
Last Monday, the Supreme Court heard argument in United States v. Hemani. In that case, Ali Danial Hemani argues that the Second Amendment forbids his prosecution for possessing a firearm as “an unlawful user of” marijuana because disarming people for mere drug use is inconsistent with “the Nation’s historical tradition of firearm regulation.”
Continue ReadingBirthright citizenship: legal takeaways of mice and men and elephants and dogs
Brothers in Law is a recurring series by brothers Akhil and Vikram Amar, with special emphasis on measuring what the Supreme Court says against what the Constitution itself says. For more content from Akhil and Vikram, please see Akhil’s free weekly podcast, “Amarica’s Constitution,” Vikram’s regular columns on Justia, and Akhil’s new book, Born Equal: Remaking America’s Constitution, 1840-1920.
Elephants don’t hide in mouseholes. Dogs bark when something odd is afoot. Human beings (even members of Congress, sometimes) say what they mean. These common-sense mammalian maxims inform standard legal interpretation. (The preceding links are to opinions authored by Justices Antonin Scalia and Brett Kavanaugh, and Chief Justice John Roberts, respectively.)
Continue ReadingCourt agrees to hear case on environmental laws, does not act on several Second Amendment challenges
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.
Continue ReadingThe dissent that believed the Olympics belong to everyone
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.
Continue ReadingJustices poised to adopt exceptions to federal criminal defendants’ appellate waivers
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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