Covering the Supreme Court and the Judiciary in (mostly) Plain English

Justices Samuel Alito and Elena Kagan appeared this afternoon before the Subcommittee on Financial Services and General Government of the House Committee on Appropriations. They were invited to discuss the Supreme Court’s budget requirements for fiscal year 2020, but they also fielded questions about cameras in the courtroom, law clerk diversity, partisan attacks on the… Read More

In 2016, Justice Anthony Kennedy provided the fifth vote to strike down a Texas law that required doctors who perform abortions to have “admitting privileges” – the right to admit patients – at a local hospital. But Kennedy retired last year. So when two doctors who perform abortions, along with an abortion clinic, came to… Read More

This morning the Supreme Court issued orders from last week’s conference, adding a new case involving fees in patent cases to its docket. Under federal law, an unsuccessful patent applicant who wants a court to review the denial of his patent by the U.S. Patent and Trademark Office has two options. He can go to… Read More

For nearly a century, a 40-foot-tall stone and concrete cross has stood on a traffic median in the Washington, D.C., suburbs, just a few miles from the Supreme Court. But seven years ago, a group of local residents filed a lawsuit seeking to have the cross removed. They argue that the presence of the cross… Read More

Today the Supreme Court gave an Alabama death-row inmate at least a temporary reprieve, sending the case back to the lower courts for them to consider whether the inmate’s dementia leaves him so incompetent that he cannot be executed. The vote was 5-3, with Chief Justice John Roberts joining the court’s four more liberal justices… Read More

This morning the Supreme Court heard oral argument in a dispute over the constitutionality of a federal law that requires convicted sex offenders to return to prison for at least five years – and possibly for the rest of their lives – if a judge finds that they have committed certain crimes. The defendant in… Read More

The Supreme Court heard oral argument today in a case involving whether a private nonprofit corporation that runs a public-access TV channel is a “state actor,” who can be sued for violations of the First Amendment. After roughly an hour of debate, there was no clear winner in the case: The justices who spoke appeared… Read More

This morning the Supreme Court issued orders from last week’s conference. The justices added just one new case to their merits docket for next term and issued an unsigned opinion that sent a ruling that was released after the death of one of the judges who participated in the case back to the U.S. Court… Read More

In 2006, Congress passed the Adam Walsh Child Protection and Safety Act “to protect the public from sex offenders and offenders against children.” One part of the act provides that if a defendant who is required to register as a sex offender commits certain crimes carrying a prison term longer than one year, his supervised… Read More

The Supreme Court today ruled that the Eighth Amendment’s ban on excessive fines applies to the states. The decision is a victory for an Indiana man whose luxury SUV was seized after he pleaded guilty to selling heroin. It is also a blow to state and local governments, for whom fines and forfeitures have become… Read More