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

The Supreme Court heard oral argument on Monday in Federal Bureau of Investigation v. Fazaga, a lawsuit filed by three Muslim Americans alleging that the FBI and its agents discriminated against them based on their religion during a surveillance program in southern California. The question before the court is whether the case should be dismissed… Read More

On Oct. 21, when Willie Smith III was executed in Alabama for the 1991 murder of Sharma Ruth Johnson, his pastor was at his side. Witnesses reported that the pastor, Robert Wiley, put his hand on Smith’s leg and appeared to pray with him. On Tuesday, the Supreme Court will hear oral argument in a… Read More

The FBI called it “Operation Flex”: a counterterrorism investigation in southern California. When three of the Americans targeted by the FBI learned of the investigation, they filed a lawsuit in federal court, alleging that the FBI and its agents had discriminated against them based on their religion and had conducted illegal searches. That lawsuit is… Read More

Fifty years ago, in Bivens v. Six Unknown Federal Narcotics Agents, the Supreme Court ruled that a private individual could sue an FBI agent for violating his Fourth Amendment rights, even when there was not a specific law authorizing a claim for damages. In the nine years after Bivens, the court recognized Bivens claims for… Read More

This post was updated on Nov. 3 at 5:15 p.m. When Wednesday’s oral argument in New York State Rifle & Pistol Association v. Bruen drew to a close after roughly two hours of debate, it seemed likely that New York’s 108-year-old handgun-licensing law is in jeopardy. But the justices’ eventual ruling might be a narrow… Read More

The internecine battle between David Wilson, one of nine trustees on the board of the Houston Community College System, and the rest of the board has all the makings of a long-running Netflix series – Dallas meets Community, perhaps. There are allegations of greed and corruption, culminating in one trustee’s conviction on federal bribery charges…. Read More

After adding two new cases to their merits docket on Friday, the justices issued more orders from their Oct. 29 conference on Monday morning. As expected, they did not add any additional cases to their docket, but they did clear away several of the high-profile petitions that they have repeatedly considered since returning from their… Read More

From the time he was elected to the board of trustees of the Houston Community College System in 2013, David Wilson contends, he was unwilling to go along to get along. Wilson’s repeated criticism of what he describes as the board’s “pay to play” culture led the board to censure him in 2018. On Tuesday,… Read More

This post was updated on Nov. 1 at 5:45 p.m. The Supreme Court heard oral argument on Monday in two challenges to S.B. 8, the Texas law that bans almost all abortions in the state. After nearly three hours of argument by four different lawyers, the justices appeared likely to allow the case brought by… Read More

In a term already defined by abortion and guns, the justices on Friday agreed to hear two more politically divisive disputes, involving the Environmental Protection Agency’s authority to regulate greenhouse gases and the ability of states to defend a Trump-era immigration rule that the Biden administration has declined to defend. Climate change regulation The litigation… Read More