Argument Analysis
Merits Cases
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Argument Analysis
Argument Analysis
Justices debate the relationship between state and federal courts
The justices on Monday considered the proper relationship between state and federal courts and wrestled with confusion surrounding a doctrine addressing that relationship.
Court unanimously sides with oil and gas companies in suit over damage to Louisiana coast
The Supreme Court on Friday sent a lawsuit seeking to hold oil and gas companies liable for damage to the Louisiana coast back to the federal courts. Several Louisiana parishes – the equivalent of counties in that state – had filed the lawsuit in state court, and in 2024 a federal appeals court in New Orleans rebuffed the companies’ latest effort to move the case to federal court.
Court to consider rights of lawful permanent residents accused of committing a crime
During oral argument on Wednesday in Blanche v. Lau, the justices will consider the rights of lawful permanent residents who have been accused of committing a crime that puts them at risk of being removed from the country.
Court to contemplate SEC’s use of disgorgement in securities enforcement
Next week’s argument in Sripetch v SEC presents yet another chapter in the court’s sustained examination of the Securities and Exchange Commission’s use of certain remedies in its enforcement of the securities laws.
Justices to consider when federal courts may review state-court decisions
The justices on Monday will hear argument in T.M. v. University of Maryland Medical System Corporation about the circumstances in which lower federal courts may review state-court judgments.
Justices to hear argument on right to jury trial in FCC proceedings
The Seventh Amendment guarantees a right to a jury trial in “suits at common law” – that is, lawsuits seeking legal remedies, such as money, rather than a remedy (known as equitable relief) that orders a defendant to do something or to stop doing something – in which $20 or more is at stake.
BOOK EXCERPTMerits Cases
How to restore the Supreme Court’s legitimacy
Please note that the following does not reflect the official opinions of SCOTUSblog. The Supreme Court is losing legitimacy – the only superpower it has. It’s under attack from partisan critics and presidents who don’t want their power challenged. Yet the court isn’t perfect.
A Supreme Court status report
In early January, as the country eagerly awaited a tariffs ruling that – as it turned out – was still more than a month away, Supreme Court watchers raised concerns about the court’s pace.
SCOTUS OUTSIDE OPINIONSMerits Cases
The 14th Amendment’s citizenship clause is not trapped in amber: a reflection on oral argument
While I have written multiple posts for SCOTUSblog on birthright citizenship, a substantial part of my practice is litigating Second Amendment claims.
Court allows Steve Bannon to move forward on dismissal of criminal charges against him
The Supreme Court on Monday morning added one new case, involving challenges to veterans’ benefit laws, to its docket for the 2026-27 term. The justices also sent the case of Stephen Bannon, a former adviser to President Donald Trump who was convicted of contempt of Congress, back to the lower court, where the Department of Justice has filed a motion to dismiss his indictment.