After the Students for Fair Admissions Cases, Affirmative Action Is Unconstitutional in Both Public and Private Schools
The immediate effect is that affirmative action is now unconstitutional. The ripple effects will unfold over a period of decades.
Plaintiffs and Precedent Win the Day in Norfolk Southern Case
Despite its unexpected path to the high court, Norfolk Southern strengthens plaintiffs’ ability to sue companies in the forum of their choice, and provides a surprise boost to the beleaguered doctrine of stare decisis.
Santos-Zacaria v. Garland: Amid Little Fanfare, the Court Allows Transgender Asylum Seeker to Continue Her Bid for Protection
A legal victory for transgender asylum seeker Estrella Santos-Zacaria.
Sackett v. EPA: The Court Delivers Another Massive Blow to Federal Environmental Law
The current Supreme Court is not a friend of the administrative state.
Preview of the November 2022 Supreme Court Arguments
October 31 Students for Fair Admissions, Inc. v. University of North Carolina No. 21-707, M.D.N.C. Preview by Rebekah Bass, Member Can race-conscious... Read More
Preview of Sackett v. EPA
October 3 Sackett v. Environmental Protection Agency No. 21-454, 9th Cir. Preview by Robert L. Glicksman, J.B. & Maurice C. Shapiro Professor... Read More
Preview of the October 2022 Supreme Court Arguments
October 3 Delaware v. Pennsylvania and Wisconsin No. 22-1045, Original Preview by John Tuley, Member In Delaware v. Pennsylvania and Wisconsin, the... Read More
Kennedy v. Bremerton School District – A Sledgehammer to the Bedrock of Nonestablishment
July 26, 2022 Kennedy v. Bremerton School District, 142 S. Ct. 2407 (2022) (Gorsuch, J.) Response by Ira C. Lupu & Robert... Read More
Carson v. Makin and the Dwindling Twilight of the Establishment Clause
July 1, 2022 Carson v. Makin, 142 S. Ct. 1987 (2022) (Roberts, C.J.) Response by Ira C. Lupu & Robert W. Tuttle... Read More