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16 Jun Symposium: Progressive textualism and LGBTQ rights
Katie Eyer is a professor of law at Rutgers Law School. She co-authored an amicus brief on behalf of scholars of statutory interpretation and equality law arguing that textualism required a finding in favor of LGBTQ employees. Title VII has prohibited discrimination “because of …...
15 Jun Symposium: The triumph of textualism: “Only the written word is the law”
Jonathan Skrmetti is chief deputy attorney general of the state of Tennessee, which filed an amicus brief on behalf of 15 states in support of the employers in Bostock v. Clayton County and Harris Funeral Homes v. EEOC. Justice Elena Kagan famously remarked, eulogizing her friend...
15 Jun Empirical SCOTUS: Interesting meetings of the minds of Supreme Court justices
Unanimity in the Supreme Court used to be the norm. In the early years of court history there were few dissents, and so there was little opportunity to examine differences between the justices outside of how they authored their majority opinions. This practice has changed...
08 Jun Court grants immigration case
This morning the Supreme Court issued orders from the justices’ private conference last week. The court added one new case to its merits docket for the term that begins in October. The justices once again did not act on two groups of high-profile petitions –...
04 Jun Ask the authors: The long and winding road from shortlisted to selected for female Supreme Court nominees
The following is a series of questions posed by Ronald Collins to Renee Knake Jefferson and Hannah Brenner Johnson in connection with their new book, “Shortlisted: Women in the Shadows of the Supreme Court” (New York University Press, 2020), which tells the untold stories of...
30 May Court declines to lift restrictions on crowds at church services (UPDATED)
Last night the Supreme Court declined to intervene in challenges by churches in southern California and the Chicago area to stay-at-home orders issued as a result of the COVID-19 crisis. The churches had asked the justices earlier this week to lift restrictions on crowds in...
27 May Relist Watch: Looking for the living among the dead
John Elwood reviews Friday’s relists. A funny thing happened on Friday: The Supreme Court relisted cases for the next week’s conference, only one day following its previous conference. That may not seem like a big deal, but it’s the biggest change in the court’s relisting...
22 May Friday round-up
Briefly: Mark Sherman reports for AP that “President Donald Trump won at least a temporary reprieve from the Supreme Court earlier this week in keeping secret grand jury materials from the Russia investigation away from Democratic lawmakers”; “[t]he president and his administration are counting on...
13 May Courtroom access: Where do we go from here?
Yesterday the Supreme Court heard oral argument in a set of cases that Deputy Solicitor General Jeffrey Wall, who argued on behalf of the federal government, described as “truly historic.” At issue was whether President Donald Trump could prevent the disclosure of his financial records,...- 1
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