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

Six years ago yesterday, President Barack Obama signed the Affordable Care Act into law. And so perhaps it was only fitting that yesterday the ACA was back at the Supreme Court – now, for the fourth time. The issue before the Supreme Court stems from the requirement, imposed in regulations implementing the ACA, that employers… Read More

The case of Americold Realty Trust v. ConAgra Foods arose, as Chief Justice John Roberts suggested, from a “standard run-of-the-mill commercial dispute about a commercial accident” – specifically, a 1991 fire in a food-storage warehouse that led to the destruction of millions of tons of food. The question before the Court, however, centered on a… Read More

Waiting for yesterday’s oral argument in Whole Woman’s Health v. Hellerstadt, the challenge to Texas’s efforts to regulate abortions, to begin, reporters joked that their coverage of the argument could basically be written in advance, following the now-familiar plotline of many high-profile arguments in recent years. On one side: the Court’s four more liberal Justices,… Read More

It’s not quite the fictional case of Jarndyce v. Jarndyce, but it’s not far off. In December 1991, a fire started in an underground storage facility owned and operated by Americold Services Corp. on the outskirts of Kansas City, Kansas. The fire burned for nearly two months, leading to the contamination and eventual destruction of… Read More

There are a whopping five women on January’s hearing list, which the Court released today. That’s out of the thirty total lawyers who will argue at the Court in January. This is a big improvement from, for example, the October sitting, in  which only one woman — Assistant to the Solicitor General Rachel Kovner — argued.  Kovner… Read More

Victory in the U.S. Supreme Court can sometimes be fleeting: in many cases, the Court’s ruling doesn’t end the underlying legal dispute, but instead just sends it back to lower courts for additional proceedings. That’s exactly what happened earlier this year in the case of Kevan Brumfield, a Louisiana inmate on death row for the… Read More

A little over three years ago, Abigail Fisher was at the Supreme Court for oral arguments in her challenge to the University of Texas at Austin’s consideration of race in its undergraduate admissions process. She won a partial victory in that round: the Court sent her case back to the lower court, with instructions for… Read More

Sue Evenwel lives in Mount Pleasant, Texas, a town east of Dallas with a population of approximately fifteen thousand. Mount Pleasant is part of the state senate’s District 1, which has just over 800,000 residents – 584,000 of whom are registered voters. By contrast, although a more urban district near Evenwel has a roughly equal… Read More

Both of my random thoughts are related to the briefing in Green v. Brennan, which I previewed for SCOTUSblog earlier this week. First, you don’t see many parent-child combos at the Court, but the counsel of record in an amicus brief on behalf of the NAACP Legal Defense and Education Fund was John Paul Schnapper-… Read More

The December hearing list has been released. Once again, there are lots of repeat players arguing in the two-week sitting that starts (counterintuitively) on November 30, including (but not limited to) Brian Wolfman, Jon Hacker, Peter Stris, Seth Waxman, Neal Katyal, Paul Clement, Bartow Farr, Will Consovoy, Bert Rein, Paul Smith, and Greg Garre.  Also some… Read More