The Latest Breaking News from Sotomayor

Like the Constitution itself, Casey's precedent on precedent is dead.

A famous line from NFIB v. Sebelius shows up in U.S. v. Taylor

This past term, the Court only issued 58 signed opinions. As low as that number is, it was made even lower by DIGs. The Supreme Court dismissed as improvidently granted two cases: United States v. Texas was DIG'd. Justice Sotomayor dissented from the DIG. Arizona v. San Francisco was DIG'd.…

During the October 2021 Term, each Justices authored between five and eight majority opinions. The Chief assigned himself the most majority opinions (8) and Justice Kavanaugh had the fewest (5). Justice Kavanaugh wrote the most concurring opinions with 8. Indeed, Kavanaugh beat Thomas and Alito, who each had 7. Five…

On June 18, 2021, I wrote, "We don't have a 6-3 Conservative Court. We have a 3-3-3 Court." I'm not sure if I was the first person to coin the phrase 3-3-3 Court, but I was one of the first. And I elaborated on this theme in a Newsweek column,…

Kennedy tells people to get over prayer in public unless there is direct coercion.

There were no Establishment Clause claims present, and Kennedy did not ask the Court to reverse Lemon.

In Carson v. Makin, the Chief Justice stealthily eliminated the status/use distinction.

That awkward moment when Justice Breyer joins an opinion that criticizes his join in Lawrence.

Who assigned the majority opinion to Justice Alito?

Chief Justice Roberts refuses to join a wee little footnote in a Justice Barrett opinion.