President Donald Trump’s executive order 14160, aimed at redefining birthright citizenship, is at odds with the text, history, and structure of a pivotal 1952 statute. This statute, the Immigration and Nationality Act, specifically 8 U.S.C. § 1401(a), mirrors the citizenship clause of the 14th Amendment, stating, “The following shall be nationals and citizens of the…
The United States Supreme Court is set to deliberate on a pivotal bankruptcy case, Keathley v. Buddy Ayers Construction, which probes the latitude courts have in excusing the failure of a debtor to disclose assets in bankruptcy proceedings. The crux of the matter is whether omissions, like those made by Thomas Keathley, warrant the application…
The U.S. Supreme Court is set to weigh important issues next week, centered on a challenge to the now-rescinded government policy of denying asylum seekers entry at the U.S.-Mexico border. The case, Noem v. Al Otro Lado, addresses the legality of actions taken predominantly under the Trump administration where asylum seekers were turned away before…
The Relist Watch column on SCOTUSblog examines key cert petitions relisted by the Supreme Court for its upcoming conference. Notable among these are cases that delve into issues of class action predominance with uninjured members, the retroactive application of evidence in determining harmless error, the legality of executive privilege assertions, and qualified immunity concerning mistaken…
The Supreme Court continues its longstanding tradition today by hosting a bar memorial in honor of Justice Sandra Day O’Connor, who passed away on December 1, 2023. This practice, which goes back to the days of Chief Justice John Marshall, involves a meeting of the Supreme Court’s Bar, followed by a special sitting of the…
The concept of a “unitary judicial power” in the U.S. Supreme Court remains an underexplored area in constitutional law, particularly compared to the “unitary executive” theory that has gained attention over the years. A recent article on SCOTUSblog delves into this contentious issue, asking whether the singular nature of the Supreme Court as described in…
The recent Supreme Court ruling in Urias-Orellana v. Bondi has further compounded challenges for the Department of Justice’s (DOJ) immigration division, which is already struggling with escalating caseloads and diminishing resources. The ruling reinforces the need for federal appellate courts to defer to immigration judges and the Board of Immigration Appeals (BIA) unless a clear…
The U.S. Supreme Court is set to hold oral arguments in Watson v. Republican National Committee during its March session, a case that could potentially alter the landscape of federal elections in 2026 and beyond. At the heart of the case is whether federal law mandates that ballots not only be cast but also received…
In a case that has captured the attention of the legal community, the U.S. Supreme Court is set to review the events that led to the fatal shooting of Bobby Jo Klum by Officer Mason Roth in Davenport, Iowa. The incident, which dates back to October 2021, involved a police pursuit after Klum, holding a…
The Canadian judiciary landscape features a pivotal institution: the Supreme Court of Canada, a paramount body consisting of nine judges, inclusive of a chief justice and eight puisne judges. The term “puisne” translates to “later born” in old French, indicating judges ranked below the chief justice. The appointment of these justices follows a structured process…
In the realm of Supreme Court advocacy, citations are far from being mere references; they represent strategic moves designed to lend credibility, establish doctrinal frameworks, and influence justices’ reasoning. An analysis of 191 parties’ merits briefs, citing 3,482 cases over the court’s 2024 term, reveals how citations illustrate the dynamics and evolution of advocacy before…
Last month’s ruling by the Supreme Court concerning the International Emergency Economic Powers Act (IEEPA) held that this 1977 statute did not authorize President Donald Trump to impose extensive tariffs as declared in 2025 executive orders. The decision, which was 6-3, had Democratic appointees along with Chief Justice John Roberts and Justices Neil Gorsuch and…
The annual speculation surrounding potential retirements from the U.S. Supreme Court has once again surfaced, with Justice Samuel Alito emerging as a focal point amidst this year’s discussions. Each spring, questions arise regarding which justice might next depart the high court. As historical precedents show, justices have traditionally exited the Supreme Court through retirement, death,…
The United States Supreme Court will soon engage in deliberations over a pivotal legal issue – whether the Trump administration has the authority to terminate the Temporary Protected Status (TPS) for both Syrian and Haitian nationals. The program enables nationals from countries undergoing crises to reside temporarily in the United States. The legal dispute will…
A group of Haitian nationals is calling on the Supreme Court to maintain a federal judge’s ruling that permits them to remain in the United States under the Temporary Protected Status (TPS) program. The plea comes as a response to the Trump administration’s efforts to terminate TPS designations for several countries, including Haiti, based on…
In an analytical discourse on the principles underpinning U.S. birthright citizenship, brothers Akhil and Vikram Amar have offered a pointed rebuttal to claims made by attorney Pete Patterson in a recent SCOTUSblog post. The Amar brothers dissect several misconceptions posed by Patterson, particularly concerning the interpretation of the 14th Amendment. Patterson asserts that the 14th…
Lyle Denniston, an emblematic figure in legal journalism, celebrates his 95th birthday, marking nearly eight decades in a field he has significantly shaped. Beginning his reporting journey in 1948 at a local courthouse in Nebraska, Denniston has been a cornerstone in providing detailed, nuanced coverage on the Supreme Court’s intricate rulings. His tenure as the…
SCOTUStoday: Trump v. the Fed The recent Supreme Court decision in the tariff-related case, Learning Resources, Inc. v. Trump, highlights the evolving dynamics within the court regarding the major questions doctrine. This legal principle holds that the executive branch cannot decisively address major policy questions without explicit guidance from Congress. The case not only resulted…
“`html On Friday, March 20, legal professionals and court watchers will have the opportunity to follow events as the court may release opinions in one or more argued cases from the current term. The live blog coverage will take place on SCOTUSblog, which provides real-time updates and insights into the potential decisions that could impact…
For decades, textualism has largely overshadowed the use of legislative history in judicial opinions. Justice Elena Kagan famously declared, “we’re all textualists now,” reflecting the decline in judicial recourse to Senate and House reports, or floor debates, to interpret statutory law. Yet, recent opinions suggest a possible shift. A notable example is Justice Ketanji Brown…
The U.S. Supreme Court is currently navigating possible shifts in its approach to the Voting Rights Act (VRA), specifically regarding Section 2 and its application to vote dilution in redistricting. A case that is drawing attention is Louisiana v. Callais, where there is a potential that the Court may limit Section 2’s effectiveness or declare…
William Howard Taft remains an intriguing figure in American history, primarily for his unique distinction of having served as both the President and the Chief Justice of the United States. This shared status is particularly notable when viewed in light of his judicial contributions and reforms that have had a lasting impact on the U.S….
The concept of birthright citizenship is currently under intense scrutiny in the Supreme Court case Trump v. Barbara. Central to the debate is the originalist interpretation of the 14th Amendment, a topic that has stirred considerable discourse among legal scholars and governmental authorities alike. The Trump administration and its associates, including solicitor general D. John…
The landscape of Supreme Court accessibility forever changed with the advent of the Oyez Project, credited to Jerry Goldman. Recently, Goldman shared insights into the project’s trajectory, shedding light on the significant impact of digitizing Supreme Court audio records. These records include thousands of hours of oral arguments and opinion announcements, preserved and made available…
Presidential discontent with the Supreme Court is not an entirely new occurrence. President Donald Trump has recurrently criticized the court, vocalizing his disappointment following their decision to nullify his signature tariffs during a White House roundtable on March 6. Trump asserted that the justices had ‘hurt this country’ by obstructing his policy agenda, further highlighting…