The Latest Breaking News from Kavanaugh

Why did Jonathan Mitchell not vigorously defend Griffin's Case and Chief Justice Chase? And Mitchell missed Justice Barrett's question about direct/collateral challenges due to his refusal to accept the sword-shield dichotomy.

I thought this item from Prof. John Greil at Texas was much worth passing along; he is still developing the syllabus, and comments and suggestions are welcome at john [dot] greil [at] law [dot] utexas [dot] edu: Next fall semester, I'll be teaching a new course at Texas Law—Understanding Conservative…

Only one justice indicated any interest in premature consideration of state-law climate change lawsuits.

On Friday, I wrote a post that totaled nearly 6,000 words about the New York Times bombshell report on Dobbs. My initial goal was to simply lay out all of the new disclosures--and there were many of them. Now, I've had some time to think about this new information. Here,…

Jodi Kantor and Adam Liptak of the New York Times have published a remarkable story about Dobbs that reports on private correspondences, votes at conference, and more. This post will highlight sixteen of the largest disclosures, and close with some broader thoughts. And I've presented this narrative in (roughly) chronological…

The good, the bad, and the ugly.

An interesting opinion from Justices Kavanaugh and Barrett; it arose in a case challenging a Florida law that was aimed at drag shows, but it deals with the remedies question and not the underlying substantive First Amendment question.

Not all of the justices are happy about the Court's stingy approach to certiorari.

Forget Doe v. Mills. Justice Barrett will grant relief on the shadow docket when the Fifth Circuit steps out of line.

As a general rule, Supreme Court Justices speak through their opinions. From time to time, Justices will be "interviewed"by friendly interlocutors during public events. The screened questions are usually softballs, and even then, the Justices tend to avoid saying anything newsworthy. In recent years, perhaps the biggest outlier was Justice…

Barrett was added to the SCOTUS short-list only seventeen days after she was confirmed to the Seventh Circuit.