The Latest Breaking News from Sotomayor

The justices wrestled with the problem of identifying a clear, coherent, and administrable definition to constrain federal regulatory jurisdiction under the Clean Water Act.

SCOTUS nudges the lower courts and parties into compliance.

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.