Previews for the 2026 October Term of the Supreme Court – October Sitting
As the 2026 Supreme Court Term begins, the Justices return to the bench to hear a range of consequential cases. This post previews the cases... Read More
Ours is a jurisprudence of constant change—and the Supreme Court is at the center of it. Recognizing the need to stay current with rapidly evolving areas of the law, The George Washington Law Review is proud to host a platform for scholastic exchange on Supreme Court decisions: On the Docket. This forum features responsive legal commentary on Supreme Court opinions as they are released. We invite members of the bench, the bar, and the academy to contribute to the discussion. With a strong tradition of promoting intellectual discourse, our goal is to provide timely insight on the present-day development of the law.
2026 Term
2025 Term
Losing Better: A Look at West Virginia v. B.P.J.
September 10, 2026 West Virginia v. B.P.J., 609 U.S. ____ (2026) (Kavanaugh, J.) Response by Naomi Schoenbaum Geo. Wash. L. Rev. On the Docket (Oct. Term... Read More
Trump v. Slaughter and the Foreseeability of Disruptive Policy Events
September 3, 2026 Trump v. Slaughter, 609 U.S. ____ (2026) (Roberts, J.) Response by William E. Kovacic Geo. Wash. L. Rev. On the Docket (Oct. Term... Read More
John Roberts: Overruler in Chief
August 19, 2026 John Roberts: Overruler in Chief Alan B. Morrison* Chief Justice John Roberts is known as a conservative justice, but conservatives are thought... Read More
Case Note: Supreme Court Holds Schools Likely Required to Inform Parents of Students’ Gender Identity
June 8, 2026 Mirabelli v. Bonta, 607 U.S. ___ (2026) (per curiam) Case Note by Aidan Keaveney Geo. Wash. L. Rev. On the Docket (Oct.... Read More
Getting Online Copyright Right: Cox Communications v. Sony Music Entertainment
May 13, 2026 Cox Communications, Inc. v. Sony Music Entertainment, 607 U.S. ____ (2026) (Thomas, J.) Response by Christopher A. Cotropia & James Gibson Geo.... Read More
Unanimous Supreme Court Deals Yet Another Blow to Noncitizens’ Access to Judicial Review
March 30, 2026 Urias-Orellana v. Bondi, 607 U.S. ____ (2026) (Jackson, J.) Response by Tania Valdez Geo. Wash. L. Rev. On the Docket (Oct. Term... Read More
Ellingburg and Restitution’s Constitutional Reckoning
February 20, 2026 Ellingburg v. United States, 607 U.S. ____ (2025) (Kavanaugh, J.) Response by Lula Hagos Geo. Wash. L. Rev. On the Docket (Oct.... Read More
Previews for the 2025 October Term of the Supreme Court – November Sitting
As the 2025 Supreme Court Term continues, the Justices will hear arguments in numerous important cases, from the scope of governmental immunities to critical questions... Read More
2024 Term
Fuld v. PLO and the Ghost of Pennoyer
August 13, 2025 Fuld v. Palestine Liberation Organization, 606 U.S. ____ (2025) (Roberts, C.J.) Response by Roger H. Trangsrud Geo. Wash. L. Rev. On the... Read More
Free Speech Coalition v. Paxton: The Supreme Court Pretends to Think of the Children
July 31, 2025 Free Speech Coalition, Inc. v. Paxton, 606 U.S. ____ (2025) (Thomas, J.) Response by Mary Anne Franks Geo. Wash. L. Rev. On... Read More
Medina v. Planned Parenthood South Atlantic: Another Setback to Patients’ Rights and Healthcare Access for Vulnerable Populations
July 22, 2025 Medina v. Planned Parenthood South Atlantic, 606 U.S. ____ (2025) (Gorsuch, J.) Response by Laura S. Richman, PhD Geo. Wash. L. Rev.... Read More
Supreme Court Patches a Small but Apparent Hole in the First Step Act in Hewitt v. United States
July 21, 2025 Hewitt v. United States, 606 U.S. ____ (2025) (Jackson, J.) Response by Kyle Singhal Geo. Wash. L. Rev. On the Docket (Oct.... Read More
Trump v. CASA, Inc.: A Non-Universal Response to the Universal Injunction Problem
July 10, 2025 Trump v. CASA, Inc., 606 U.S. ____ (2025) (Barrett, J.) Response by Alan B. Morrison Geo. Wash. L. Rev. On the Docket... Read More
FDA v. R.J. Reynolds: A Standing Decision that is a Major Victory for Corporate Forum Shopping
July 3, 2025 Food and Drug Administration v. R.J. Reynolds Vapor Co., 605 U.S. ____ (2025) (Barrett, J.) Response by Richard J. Pierce, Jr. Geo.... Read More
Supreme Court Confirms Limits of Federal Court Jurisdiction Regarding Nuclear Waste in NRC v. Texas
July 3, 2025 Nuclear Regulatory Commission v. Texas, 605 U.S. ____ (2025) (Kavanaugh, J.) Response by R. Budd Haemer Geo. Wash. L. Rev. On the... Read More
Seven County Infrastructure Coalition v. Eagle County: All of a Sudden, Sweeping Deference to Federal Agencies is a “Bedrock Principle”
June 10, 2025 Seven County Infrastructure Coalition et al. v. Eagle County, Colorado, 605 U.S. ____ (2025) (Kavanaugh, J.) Response by Robert L. Glicksman Geo.... Read More
The Cost of a Lie: Kousisis Affirms Criminal Fraud Liability Without Economic Harm
June 10, 2025 Kousisis et al. v. United States, 605 U.S. ____, 145 S. Ct. 1382 (2025) (Barrett, J.) Response by Jessica Tillipman Geo. Wash.... Read More
Supreme Court Affirms Lawlessness of the Removal of Kilmar Abrego Garcia
April 18, 2025 Kristi Noem, Secretary, Department of Homeland Security, et al. v. Kilmar Armando Abrego Garcia, et al., 601 U.S. ____ (2025) (Roberts, C.J.,... Read More
Previews for the 2024 October Term of the Supreme Court
As the 2024 Supreme Court term gets underway, several pivotal cases are set to challenge and refine existing legal precedents across a wide range of... Read More
2023 Term
United States v. Rahimi: Resisting the “Suicide Pact” For Now
August 13, 2024 United States v. Rahimi, 602 U.S. ___, No. 22-915 (June 21, 2024) Response by Professors Mary Anne Franks and Joan Meier Geo. Wash. L. Rev. On the Docket (Oct. Term 2023) Slip Opinion | SCOTUSblog United States v. Rahimi: Resisting the “Suicide Pact” for Now In 1949... Read More
SEC v. Jarkesy: Agencies Cannot Adjudicate Most Civil Penalty Disputes
July 10, 2024 SEC v. Jarkesy, 603 U.S. ___, No. 22-859 (June 27, 2024) Response by Professor Richard Pierce Geo. Wash. L. Rev. On the Docket (Oct. Term 2023) Slip Opinion | SCOTUSblog SEC v. Jarkesy: Agencies Cannot Adjudicate Most Civil Penalty Disputes The Securities and Exchange Commission (SEC) has... Read More
Fischer v. United States: A Supposedly Textualist Court Ignores the Text
On January 6, 2021, Trump supporters attacked the U.S. Capitol to disrupt the certification of Joe Biden's election victory. In Fischer v. United States, the Supreme Court controversially ruled that these actions did not violate the law against obstructing official proceedings. Professor Eliason argues this decision contradicts both the statute's plain language and common sense.
Loper Bright Enterprises v. Raimondo: Chevron is Dead; Long Live Skidmore
Professor Pierce discusses the Supreme Court's landmark decision in Loper Bright Enterprises v. Raimondo, which overturns the Chevron deference doctrine. The ruling shifts the emphasis to independent judicial interpretation of statutes, moving away from automatic deference to agency interpretations. This change aligns with the principles of Skidmore v. Swift & Co., promoting a more nuanced approach to judicial review while still respecting agency expertise.
The Court Sidesteps Immigration Federalism Feud, For Now
It won't be long before the Supreme Court get the last word on Texas's aggressive attempt to take immigration enforcement into its own hands.
Previews for the 2023 October Term of the Supreme Court
After a consequential two years in which the law of gun rights, substantive due process, religious liberty, and affirmative action, among others, was made anew, the Supreme Court's October 2023 Term features a wide array of cases that will refine the scope of its "history and tradition" approach in the Second Amendment context, contemplate the intersection of social media and the First Amendment, reconsider the foundations of the modern administrative state, and much more.
2022 Term
National Pork Producers Council v. Ross: A Win for Farmed Pigs
Joan E. Schaffner, Kathy Hessler, and Iselin Gambert examine the Supreme Court's decision in National Pork Producers v. Ross and its broader implications on animal welfare laws.
Schutte & Polansky: Shifting the Landscape of False Claims Act Litigation & Compliance
The Supreme Court made waves in the False Claims Act litigation and compliance world this term, affirming the government's near unfettered dismissal authority and eliminating a key defense in cases involving ambiguous statutes or regulations.
A State Court Trial Judge’s Thoughts on Samia v. United States: Not Entirely Consistent with Crawford v. Washington
Samia promotes judicial economy at the cost of the Sixth Amendment’s right of confrontation.
The Surprising Success of the Alabama Plaintiffs in the Voting Rights Case Allen v. Milligan
In the recent Supreme Court term, the conservative majority on the Court prevailed on a significant number of controversial decisions. In the area of minority voting rights, however, the Court surprised experienced observers by ruling in favor of Alabama minority plaintiffs in a major redistricting case.
How Stalking Became Free Speech: Counterman v. Colorado and the Supreme Court’s Continuing War on Women
The Counterman decision suggests that when it comes to women’s speech and safety, the more intractable problem with the current Supreme Court is not the forces that divide it, but those that unite it.
The Real and the Phantom 303 Creative: Which Is More Dangerous?
Professor Catherine J. Ross emphasizes the majority's narrow holding over the dissent's parade of horribles in response to 303 Creative v. Elenis.
Biden v. Nebraska: The President Cannot Cancel Student Loans
The majority held that the President and Secretary of Education lacked authority to cancel student debts. They could have stopped there. They did not.
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 admissions policies stand up to the strict scrutiny of the Fourteenth Amendment? That is the issue presented in Students for Fair Admissions, Inc. v. University of North Carolina.... 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 of Law, George Washington University Law School When do wetlands qualify as “waters of the United States” subject to regulation under the federal Clean Water Act (the CWA... 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 Court will decide whether MoneyGram’s “Official Checks,” which are used to pay third parties, constitute a “money order, traveler’s check, or other similar written instrument (other than a... Read More
2021 Term
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[mfn]Elwood and Eleanor Davis Professor Emeritus of Law, George Washington University Law School[/mfn] & Robert W. Tuttle[mfn]David R. and Sherry Kirschner Berz Research Professor of Law and Religion, George Washington Law... 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[mfn]Elwood and Eleanor Davis Professor Emeritus of Law, George Washington University Law School[/mfn] & Robert W. Tuttle[mfn]David R. and Sherry Kirschner Berz Research Professor of Law and Religion, George Washington Law School[/mfn] Geo.... Read More
United States v. Vaello Madero and the Insulation of the Insular Cases
May 24, 2022 United States v. Vaello-Madero, 142 S. Ct. 1539 (2022) (Kavanaugh, J.) Response by Cori Alonso-Yoder† Geo. Wash. L. Rev. On the Docket (Oct. Term 2021) Slip Opinion | SCOTUSblog United States v. Vaello Madero and the Insulation of the Insular Cases In 2017, sixty-three-year-old Jose Luis Vaello-Madero’s world was... Read More
Preview of the Late March 2022 Supreme Court Arguments
March 28 Southwest Airlines, Co. v. Saxon 21-309, 7th Cir. Preview by Erica Hackett, Online Editor The issue in Southwest Airlines, Co. v. Saxon is whether airline baggage ramp supervisors are exempt from the Federal Arbitration Agreement (FAA). The FAA requires that courts enforce arbitration agreements, however it exempts “contracts... Read More
Copyright’s Legal Mistake
March 22, 2022 Unicolors, Inc v. H&M Hennes & Mauritz, LP, 142 S. Ct. 941 (2022) (Breyer, J.) Response by Jasper L. Tran† Geo. Wash. L. Rev. On the Docket (Oct. Term 2021) Slip Opinion | SCOTUSblog Copyright’s Legal Mistake Not every Supreme Court case is monumental.1 While some have certainly changed... Read More
Preview of the March 2022 Supreme Court Arguments
March 21 Berger v. North Carolina State Conf. of NAACP 21-248, 4th Cir. Preview by Erica Hackett, Online Editor The issue in this case is whether the President Pro Tempore of the North Carolina State Senate and the Speaker of the State House may intervene in litigation regarding a North... Read More
Preview of the February 2022 Supreme Court Arguments
February 22 Denezpi v. United States No. 20-7622, 10th Cir. Preview by Reid Ostrom, Online Editor The Double Jeopardy Clause of the Fifth Amendment provides that no person shall “be subject for the same offence to be twice put in jeopardy of life or limb.” U.S. Const. amend. V. In... Read More
Preview of the January 2022 Supreme Court Arguments
January 10 Gallardo v. Marstiller No. 28-1263, 11th Cir. Preview by Jacob Orgel, Online Editor In Gallardo v. Marstiller, the Supreme Court is set to determine the extent of third-party tort liability state that Medicaid agencies can tap into for recovery on medical expenses provided to Medicaid recipients. Petitioner Gianna... Read More
Preview of the December 2021 Supreme Court Arguments
December 1 Dobbs v. Jackson Women’s Health Organization No. 19-1392, 5th Cir. Preview by Joshua Keyser, Senior Online Editor In Dobbs v. Jackson Women’s Health Organization, the Supreme Court will consider what is already being called the “most important abortion case in a generation.” Edward Whelan, John Roberts and the... Read More
Preview of the November 2021 Supreme Court Arguments
The Supreme Court’s November calendar has been in flux as litigation surrounding the controversial Texas statute S.B. 8 has raced to the Court’s attention. Be sure to check this post for updates, as future shifts in the calendar may well be in store. November 2 Houston Community College System v.... Read More
Preview of the October 2021 Supreme Court Arguments
For the first time in a year and a half, the Supreme Court will convene to hear oral arguments in person! Justice Kavanaugh has reportedly tested positive for COVID-19 despite being vaccinated, but oral arguments are still scheduled to proceed as planned. October 4 Mississippi v. Tennessee No. 143, Original... Read More
2020 Term
Personal Jurisdiction in Climate Change Common Law Litigation Post-Ford
October 6, 2021 Ford Motor Company v. Montana Eighth Judicial District Court, 592 U.S. ___ (2021) (Kagan, J.). Special Edition Response by Jonathan Remy Nash† Geo. Wash. L. Rev. On the Docket (Oct. Term 2020) Slip Opinion | SCOTUSblog Personal Jurisdiction in Climate Change Common Law Litigation Post-Ford A Special Edition Response... Read More
Losing the “Right” Way Preserves the Narrow Scope of the Alien Tort Statute
July 31, 2021 Nestle USA, Inc. v. Doe, 593 U.S. ___ (2021) (Thomas, J.). Special Edition Response by Ralph G. Steinhardt1 Geo. Wash. L. Rev. On the Docket (Oct. Term 2020) Slip Opinion | SCOTUSblog Losing the “Right” Way Preserves the Narrow Scope of the Alien Tort Statute: NESTLE USA, INC., v.... Read More
NCAA v. Alston: Unanswered Questions About the Future of College Sports—and the Antitrust Rule of Reason
Important questions remain after the Supreme Court's Decision in NCAA v. Alston.
One “Vulgar” Cheerleader Vindicated—But Other Students May Still Face Discipline for Off-Campus Speech
July 8, 2021 Mahanoy Area School District v. B.L., 594 U.S. __ (2021) (Breyer, J.) Response by Catherine J. Ross Geo. Wash. L. Rev. On the Docket (Oct. Term 2020) Slip Opinion | SCOTUSblog One “Vulgar” Cheerleader Vindicated—But Other Students May Still Face Discipline for Off-Campus Speech (An earlier version... Read More
Unconstitutional Appointment of Patent Death Squad
June 29, 2021 United States v. Arthrex Inc., 594 U.S. __ (2021) (Roberts, C.J.) Response by Jasper L. Tran Geo. Wash. L. Rev. On the Docket (Oct. Term 2020) Slip Opinion | SCOTUSblog Unconstitutional Appointment of Patent Death Squad Can legal scholarship change the law?1 Apparently so—a recent exemplar appears... Read More
Two Surprises in Fulton v. City of Philadelphia – A Unanimous Outcome and the Enduring Quality of Free Exercise Principles
June 21, 2021 Fulton v. City of Philadelphia, Pennsylvania, 593 U.S. ____ (2021) (Roberts, C.J.) Response by Ira C. Lupu & Robert W. Tuttle Geo. Wash. L. Rev. On the Docket (Oct. Term 2020) Slip Opinion | SCOTUSblog Two Surprises in Fulton v. City of Philadelphia – A Unanimous Outcome... Read More
AMG Capital Management, LLC v. FTC—It’s Unanimous: Injunction Means Injunction (and Nothing More)
May 26, 2021 AMG Capital Management, LLC v. FTC, 593 U.S. ____ (2021) (Breyer, J.) Response by Caprice Roberts & David Levintow Geo. Wash. L. Rev. On the Docket (Oct. Term 2020) Slip Opinion | SCOTUSblog AMG Capital Management, LLC v. FTC—It’s Unanimous: Injunction Means Injunction (and Nothing More) The... Read More
A Car, A Contract… Or An Indictment?
May 25, 2021 Niz-Chavez v. Garland, 593 U.S. ___ (2021) (Gorsuch, J.). Response by Ana Corina “Cori” Alonso-Yoder Geo. Wash. L. Rev. On the Docket (Oct. Term 2020) Slip Opinion | SCOTUSblog A Car, A Contract… Or An Indictment? Conservatives split on the meaning of deportation documents in Niz-Chavez v.... Read More
Google v. Oracle: Copying Declaring Code Is Fair Use
April 18, 2021 Google LLC v. Oracle America, Inc., 583 U.S. __ (2021) (Breyer, J.). Response by Jasper L. Tran & Kristen C.A. Kido Geo. Wash. L. Rev. On the Docket (Oct. Term 2020) Slip Opinion | SCOTUSblog Google v. Oracle: Copying Declaring Code Is Fair Use Not all code... Read More
Preview of the Late March 2021 Supreme Court Arguments
Previews of Cedar Point Nursery v. Hassid, U.S. v. Cooley, Caniglia v. Strom, Goldman Sachs Grp, Inc. v. Ark. Teacher Ret. Sys., TransUnion LLC v. Ramirez, and Nat’l Collegiate Athletic Ass’n v. Alston.
Uzuegbunam v. Preczewski: Nominal Standing and the Lone Dissenter
Long ago, the Supreme Court invalidated presumed general damages to compensate for the inherent value of the constitutional rights. Could the Uzuegbunam decision signal deeper respect for dignitary harms?
Carney v. Adams: Standing on Unaffiliated Voters’ Rights
The Court’s decision here tramples over the rights of unaffiliated and third-party voters.
Preview of the February/March 2021 Supreme Court Arguments
February 22 Florida v. Georgia No. 142, Original Preview by Austin Martin, Senior Online Editor This case concerns a decades-long dispute over rights to the waters flowing from Georgia into Florida’s Apalachicola Bay. The states previously reached the Supreme Court in 2018 when Florida claimed that its portion of the... Read More
Preview of the January 2021 Supreme Court Arguments
January 11 Pham v. Guzman Chavez No. 19-897, 4th Cir. Preview by Nick Contarino, Online Editor The Immigration and Nationality Act (“INA”) sets out a comprehensive scheme for the detention and removal of noncitizens unlawfully located in the territory of the United States. 8 U.S.C. § 1101 et seq. (2018) The... Read More
Preview of the December 2020 Supreme Court Arguments
November 30 Trump v. New York No. 20-366, S.D.N.Y. Preview by Emma Eisendrath, Member Members of the U.S. House of Representatives are apportioned based on population counts conducted every ten years. This case is about whether apportionment calculations may exclude undocumented immigrants. On July 21, 2020, President Trump issued a... Read More
Preview of the November 2020 Supreme Court Arguments
November 2 U.S. Fish & Wildlife Service v. Sierra Club, Inc. No. 19-547, 9th Cir. Preview by Nick Contarino, Online Editor The Environmental Protection Agency (“EPA”) submitted a regulation to the Fish and Wildlife Service and National Marine Fisheries Service (“Services”) for the Services’ review under the Endangered Species Act... Read More
Preview of the October 2020 Supreme Court Arguments
October 5 Carney v. Adams No. 19-309, 3d Cir. Preview by Austin Martin, Senior Online Editor Delaware’s Constitution requires that the judiciary be politically balanced. The “bare majority provision” restricts Delaware’s three business courts—the Supreme Court, Superior Court, and Court of Chancery—from individually or collectively having more than a single-judge... Read More
2019 Term
McGirt v. Oklahoma: A Victory for Native Women
As Native women, we know the fight for the borders of our Tribal Nations is inextricably linked to the fight to preserve our lives.
Little Sisters of the Poor v. Pennsylvania: The Misuse of Complicity
When is an entity complicit in acts that it deems sinful but are performed, or potentially performed, by others?
Chiafalo v. Washington: Presidential Elections Are Messy Enough Already
In Chiafalo, the Supreme Court averted electoral chaos. This November, it may need do so again.
The Bottom Lines in the Trump Subpoena Cases: More Losses Than Wins for the President, but No One Is Going to See His Tax Returns Soon
Congress now has a roadmap that it can follow when it wants to obtain documents from the public at large, as well as the executive branch.
The 2020 Ministerial Exception Cases: A Clarification, Not a Revolution
Morrissey-Berru is a reassuring nod toward the continuity of a principle long rooted in the American tradition of church-state separation.
June Medical Services v. Russo: A Temporary Victory for Reproductive Rights
Stare decisis, it seems, is in the eye of the beholder.
Seila Law v. Consumer Financial Protection Bureau: Score One for The Unitary Executive Theory
This is not an argument that a presidential firing is necessarily the only way for this issue to be decided, but only that there was no reason to reach out to decide a constitutional issue when the parties did not disagree and when principles of constitutional avoidance pushed in the opposite direction.
Espinoza: Roberts v. Thomas on the Future of Religious Liberty Jurisprudence
Many conservative commentators have agreed with Secretary of Education Betsy DeVos, who called the decision “a historic victory.” It was a victory for those who would like government to support religious education, but it was not nearly as historic as it could have been.
United States Patent and Trademark Office v. Booking.com B.V.: How Do We Know When Something Is a Name?
The Court’s opinion isn’t as straightforward as it purports to be.
Regents of Univ. of Calif.: Trump Administration Held Accountable by the APA but a Missed Opportunity for the Constitution
With this case, the Court’s discomfort with directly confronting race and racial animus was on full display.
Bostock, Zarda, and R.G & G.R. Harris Funeral Homes: Affirming Equality and Challenging Textualism
If the Justices cannot agree on the meaning of “because of sex” in a statute enacted or amended in their lifetimes, then it is difficult to conclude that textualism can resolve legal disputes.
U.S. Forest Service v. Cowpasture River Preservation Association: A Limited—and Perhaps Hollow—Victory for a Pipeline
The Supreme Court took up a brainteaser of statutory construction involving the jurisdictional boundaries between the U.S. Forest Service and the National Park Service.
On the Docket’s Preview of the May Supreme Court Arguments
This month’s oral arguments are truly historic. Due to the COVID-19 pandemic, the Court will not be meeting in person, but rather hearing arguments remotely via telephone, where the Justices will ask questions in order of seniority. Most intriguing, this month’s arguments will be available for live streaming—an unprecedented move... Read More
RNC v. DNC: Absentee Voters and the Partisan Pandemic
As it happened, the election results, when released April 13, surprised most observers. Nevertheless, the Supreme Court’s decision in RNC v. DNC is, to put it politely, paradoxical.
Kansas v. Glover: Just Common Sense?
We have no idea why Officer Mehrer decided to check on Glover’s license plate. Might it matter after all? Can a jurisdiction instruct its officers to run the license plate of every automobile they come across and to assume that any owner whose license has been suspended or revoked should be stopped to see if the owner is driving? What is the common-sense answer?
It Could Have Been Worse, But a Statute Designed to “Break Down All Discrimination” Against African Americans Deserves Better than Comcast Corporation v. National Association of African American-Owned Media
The year after the Civil War, the federal government made a commitment to Black people in this country. In simple but sweeping language, the Civil Rights Act of 1866 mandates that “[a]ll persons within the jurisdiction of the United States shall have the same right . . . to make and enforce contracts . . . as is enjoyed by white citizens.”
Kahler v. Kansas: Narrowing the Insanity Defense
Could a state now abolish both prongs of the M’Naghten standard (or any variants thereof)? Could a state reject any formulation of an insanity defense and bar evidence of insanity at trial entirely?
Kansas v. Garcia: The Court Greenlights State Prosecutions of Unauthorized Workers
Propelled to office on his celebrity and a populist platform, the Republican president’s “Make America Great Again” slogan rallied his conservative base and positioned him to sign sweeping immigration legislation during his second term in office. If that last bit sounds off, it may help to clarify that the president in question was Ronald Reagan, the year was 1986, and the legislation was the Immigration Reform and Control Act (IRCA).
On the Docket’s Preview of the March Supreme Court Arguments
March 2 Nasrallah v. Barr No. 18-1432, 11th Cir. Preview by Megan Walden In Nasrallah v. Barr, the Court will resolve a long-standing circuit split in immigration law and determine whether the Court of Appeals has jurisdiction to review findings of fact in denials of withholding and deferral of removal... Read More
On the Docket’s Preview of the February Supreme Court Arguments
February 24 United States Forest Service v. Cowpasture River Preservation Association; Atlantic Coast Pipeline, LLC v. Cowpasture River Preservation Association No. 18-1584 & 18-1587, 4th Cir. Preview by Taylor Dowd, Senior Online Editor Is the Appalachian Trail, the 2,200-mile-long stretch running from Georgia to Maine, “land,” or just a footpath... Read More
On the Docket’s Preview of the January Supreme Court Arguments
January 13 Lucky Brand Dungarees v. Marcel Fashion Group No. 18-1086, 2d Cir. Preview by Michael Fischer, Online Editor Lucky Brand Dungarees and Marcel Fashion group are two competitors within the apparel industry who each own various trademarks using the term “Lucky.” In 2001, Marcel sued Lucky Brand alleging that... Read More
On the Docket’s Preview of the December Supreme Court Arguments
December 2 New York State Rifle and Pistol Association Inc. v. City of New York, New York No. 18-280, 2d Cir. Preview by Michael Fischer, Online Editor In the State of New York, an individual may not possess a firearm without a license. In order to keep a handgun in... Read More
On the Docket’s Preview of the November Supreme Court Arguments
November 4 Barton v. Barr No. 18-725, 11th Cir. Preview by Nicholas Drews Andre Barton, a citizen of Jamaica, was admitted to the United States in May 1989 and became a lawful permanent resident in 1992. Barton was arrested in January 1996 and convicted of aggravated assault, criminal damage to... Read More
On the Docket’s Preview of the October Supreme Court Arguments
October 7 Kahler v. Kansas No. 18-6135, Kan. Preview by Michael Fischer, Online Editor In response to several high-profile cases wherein defendants were found not guilty by reason of insanity, the State of Kansas passed legislation in 1995 which effectively abolished the insanity defense for criminal defendants. Thirteen years later,... Read More
2018 Term
Did The Supreme Court Just Suppress Speech in the Interest of Protecting The First Amendment? Iancu v. Brunetti
July 18, 2019 Iancu v. Brunetti, 588 U.S. ___ (2019) (Kagan, J.). Response by Roger E. Schechter Geo. Wash. L.... Read More
What’s Past is Prologue: The Importance of History in Flowers v. Mississippi
July 10, 2019 Flowers v. Mississippi, 588 U.S. ___ (2019) (Kavanaugh, J.). Response by Robin M. Maher Geo. Wash. L.... Read More
North Carolina Department of Revenue v. Kaestner 1992 Family Trust: No Tax Due, But No Path for the Next Cases
July 8, 2019 North Carolina Department of Revenue v. Kaestner 1992 Family Trust, 588 U.S. ___ (2019) (Sotomayor, J.). Response... Read More
Kisor v. Wilkie: A Reprieve for Embattled Administrative State?
July 3, 2019 Kisor v. Wilkie, 587 U.S. ___ (2019) (Kagan, J.). Response by Robert L. Glicksman Geo. Wash. L.... Read More
Tennessee Wine & Spirits Retailers Ass’n v. Thomas: Local Protectionism Loses Out
July 2, 2019 Tennessee Wine & Spirits Retailers Association v. Thomas, 588 U.S. ___ (2019) (Alito, J.). Response by Alan... Read More
The Bladensburg Cross Decision – A Twisted Cross and the Remaking of Establishment Clause Standards
July 1, 2019 The American Legion v. American Humanist Association, 588 U.S. ___ (2019) (Alito, J.). Response by Ira C.... Read More
Herrera v. Wyoming: A New Trend for Indian Law?
June 11, 2019 Herrera v. Wyoming, 587 U.S. ___ (2019) (Sotomayor, J.). Response by Monte Mills Geo. Wash. L. Rev. On... Read More
When Is a Defendant Not a Defendant? Home Depot U.S.A, Inc. v. Jackson
June 11, 2019 Home Depot U.S.A., Inc. v. Jackson, 587 U.S. ___ (2019) (Thomas, J.). Response by Alan B. Morrison Geo.... Read More
Franchise Tax Board v. Hyatt: An Unnecessary Overruling
May 21, 2019 Franchise Tax Board v. Hyatt, 587 U.S. ___ (2019) (Thomas, J.). Response by Alan B. Morrison Geo. Wash.... Read More
Is Transmission of Electricity a “Governmental Function?” Thacker v. Tennessee Valley Authority
May 10, 2019 Thacker v. Tennessee Valley Authority, 587 U.S. ___ (2019) (Kagan, J.). Response by Richard J. Pierce, Jr. Geo.... Read More
Is the Court Encouraging Agencies to Rely on Junk Science? Biestek v. Berryhill
April 23, 2019 Biestek v. Berryhill, 587 U.S. ___ (2019) (Kagan, J.). Response by Richard J. Pierce, Jr. Geo. Wash. L.... Read More
Bucklew v. Precythe: The Supreme Court’s Tortured Death Penalty Jurisprudence
April 17, 2019 Bucklew v. Precythe, 587 U.S. ___ (2019) (Gorsuch, J.). Response by John D. Bessler Geo. Wash. L. Rev.... Read More
On the Docket’s Preview of the April Supreme Court Arguments
April 15 Iancu v. Brunetti No. 18-302, Fed. Cir. Preview by Boseul (Jenny Jeong), Online Editor This case arose out... Read More
Crossing the River: Lorenzo v. Securities and Exchange Commission
April 2, 2019 Lorenzo v. SEC, 586 U.S. ___ (2019) (Breyer, J.). Response by Theresa A. Gabaldon Geo. Wash. L.... Read More
Defining “the”: In Nielsen v. Preap the Court relies on language arts to justify detention of immigrants
April 1, 2019 Nielsen v. Preap, 586 U.S. ___ (2019) (Alito, J.). Response by Cori Alonso-Yoder Geo. Wash. L. Rev.... Read More
On the Docket’s Preview of the March Supreme Court Arguments
March 18 Virginia House of Delegates v. Bethune Hill No. 18-281, E.D. Va. Preview by Sean Lowry, Online Editor* In Virginia... Read More
What If the World Bank Financed Human Rights Violations: Jam v. International Finance Corporation
March 11, 2019 Jam v. International Finance Corporation, 586 U.S. ___ (2019) (Roberts, C.J.). Response by Ralph G. Steinhardt Geo.... Read More
What Timbs Does Not Say
March 7, 2019 Timbs v. Indiana, 586 U.S. ___ (2019) (Ginsburg, J.). Response by Suja A. Thomas Geo. Wash. L.... Read More
On the Docket’s Preview of the February Supreme Court Arguments
February 19 Return Mail, Inc. v. United States Postal Service No. 17-1594, Fed. Cir. Preview by Michelle Divelbiss, Online Editor... Read More
On the Docket’s Preview of the January Supreme Court Arguments
January 7 Merck Sharpe & Dohme Corp. v. Albrecht No. 17-290, 3d Cir. Preview by Samuel E. Meredith, Senior Online Editor... Read More
On the Docket’s Preview of the December Supreme Court Arguments
December 3 Dawson v. Steager No. 17-419, W. Va. Preview by Samuel E. Meredith, Senior Online Editor West Virginia does not... Read More
On the Docket’s Preview of the November Supreme Court Arguments
November 5 Sturgeon v. Frost No. 17-949, 9th Cir. Preview by Clay Wild At issue in this case is whether... Read More
On the Docket’s Preview of the October Supreme Court Arguments
The Supreme Court has dominated the news cycle lately, and yet none of it has had anything to do with... Read More
2017 Term
Trump v. Hawaii: Bait and Switch–The Supreme Court’s Travel Ban Decision and Korematsu
July 15, 2018 Trump v. Hawaii, 585 U.S. ___ (2018) (Roberts, C.J.). Response by Anita Sinha Geo. Wash. L. Rev.... Read More
Lucia v. SEC
July 3, 2018 Lucia v. SEC, 585 U.S. ___ (2018) (Kagan, J.). Response by Richard J. Pierce, Jr. Geo. Wash.... Read More
Carpenter v. United States: Big Data is Different
July 2, 2018 Carpenter v. United States, 585 U.S. ___ (2018) (Roberts, C.J.). Response by Margot E. Kaminski Geo. Wash.... Read More
South Dakota v. Wayfair, Inc.: Will It End a Seemingly Endless Debate?
June 27, 2018 South Dakota v. Wayfair, Inc., 585 U.S. ___ (2018) (Kennedy, J.). Response by David Brunori Geo. Wash.... Read More
Gill v. Whitford & Benisek v. Lamone: Some Good News and Some Bad
June. 24, 2018 Gill v. Whitford, 585 U.S. ___ (2018) (Roberts, C.J.). Slip Opinion | SCOTUSblog Benisek v. Lamone, 585... Read More
Sveen v. Melin: The Retro View of Revocation on Divorce Statutes
June. 23, 2018 Sveen v. Melin, 584 U.S. ___ (2018) (Kagan, J.). Response by Naomi Cahn Geo. Wash. L. Rev.... Read More
Animal Science Products, Inc. v. Hebei Welcome Pharmaceutical Co.: Respect but Verify: Foreign Government Statements of Foreign Law Do Not Get Conclusive Deference
June. 21, 2018 Animal Science Products, Inc. v. Hebei Welcome Pharmaceutical Co., 585 U.S. ___ (2018) (Ginsburg, J.). Response by... Read More
Minnesota Voters Alliance v. Mansky: Mixed Message on Polling Place Speech Restrictions
June. 20, 2018 Minnesota Voters Alliance v. Mansky, 585 U.S. ___ (2018) (Roberts, C.J.). Response by Alan B. Morrison Geo.... Read More
China Agritech, Inc. v. Resh: For Whom the Class Tolls—It Tolls for Individual Claims
June 15, 2018 China Agritech, Inc. v. Resh, 584 U.S. ___ (2018) (Ginsburg, J.). Response by James Hannaway Geo. Wash. L.... Read More
Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission: A Troublesome Application of Free Exercise Principles by a Court Determined to Avoid Hard Questions
June 7, 2018 Masterpiece Cakeshop, Ltd. v. Colo. Civil Rights Comm’n, 584 U.S. ___ (2018) (Kennedy, J.). Response by Ira... Read More
Epic Systems Corp. v. Lewis: Class Action Waivers—Employees Predictably Lose
June 6, 2018 Epic Systems Corp. v. Lewis, 584 U.S. ___ (2018) (Gorsuch, J.). Response by Michael Selmi Geo. Wash. L.... Read More
Murphy v. NCAA: New Jersey Wins Big After Betting on Unconstitutionality of Federal Sports-Betting Ban
May 30, 2018 Murphy v. NCAA, 584 U.S. ___ (2018) (Alito, J.). Response by Jeff Ifrah & David Yellin Geo.... Read More
McCoy v. Louisiana: New Challenges for Defenders, New Risks for the Mentally Ill
May. 23, 2018 McCoy v. Louisiana, 584 U.S. ___ (2018) (Ginsburg, J.). Response by Robin M. Maher Geo. Wash. L.... Read More
SAS Institute Inc. v. Iancu: The Statute is Hereby Clear
May 7, 2018 SAS Institute Inc. v. Iancu, 584 U.S. ___ (2018) (Gorsuch, J.). Response by Andrew C. Michaels Geo.... Read More
Sessions v. Dimaya: Refusing to Leave “judges to their intuitions and the people to their fate,” Gorsuch Positions Himself as Scalia’s Jurisprudential Heir in Deportation Case
Apr. 27, 2018 Sessions v. Dimaya, 584 U.S. ___ (2018) (Kagan, J.). Response by Cori Alonso-Yoder Geo. Wash. L. Rev. On... Read More
On the Docket’s Preview of the April Supreme Court Arguments
On Monday the Court will convene to begin hearing its final sets of arguments for this term. Nevertheless, the Court’s... Read More
Encino Motorcars, LLC v. Navarro: No Overtime Exemption for Dealership Service Advisors
Apr. 7, 2018 Encino Motorcars, LLC v. Navarro, 584 U.S. ___ (2018) (Thomas, J.). Response by Alan B. Morrison Geo.... Read More
Murphy v. Smith: Limiting Access to Counsel for Prisoners
Apr. 2, 2018 Murphy v. Smith, 138 S. Ct. 784 (2018) (Gorsuch, J.). Response by Katy Ramsey Geo. Wash. L. Rev.... Read More
U.S. Bank National Ass’n v. Village at Lakeridge: Reviewing Mixed Questions of Fact & Law
Mar. 21, 2018 U.S. Bank National Ass’n v. Village at Lakeridge, 583 U.S. ___ (2018) (Kagan, J.). Response by Alan... Read More
On the Docket’s Preview of the March Supreme Court Arguments
The first oral arguments for the month of March will commence when the Court convenes this coming Monday. Since our... Read More
Jennings v. Rodriguez: Against the Backdrop of Executive Enforcement and Legislative Inaction, the Court Revisits the Issue of Prolonged Immigration Detention
Mar. 5, 2018 Jennings v. Rodriguez, 583 U.S. ___ (2018) (Alito, J.). Response by Cori Alonso-Yoder Geo. Wash. L. Rev. On... Read More
On the Docket’s Preview of the February Supreme Court Arguments
The Court sits down on Tuesday to hear the arguments slated for February. This is the Court’s second to last... Read More
On the Docket’s Preview of the January Supreme Court Arguments
After a, hopefully, relaxing break for the Justices, the Supreme Court will start up the second half of the 2017... Read More
On the Docket’s Preview of the December Supreme Court Arguments
The sitting that everyone has been waiting for is upon us. The Court’s December sitting contains the most talked-about case... Read More
On the Docket Special Publications for the October 2017 Term
The October 2017 Supreme Court term has now begun. On the Docket will be posting several special publications to get... Read More
On the Docket’s Preview of the November Supreme Court Arguments
The Court starts out with a light schedule in the beginning of November, as two cases were removed from the... Read More
On the Docket’s Preview of October Supreme Court Arguments
Welcome to the 2017 Supreme Court term! With a full bench, the Court has chosen to take on many controversial... Read More
2016 Term
Matal v. Tam: The Galloping “Government Speech” Doctrine Hits the Wall
August 21, 2017 Matal v. Tam, 582 U.S. ___ (2017) (Alito, J.). Response by Frank LoMonte Geo. Wash. L. Rev. On... Read More
Turner v. United States: Exculpatory Evidence Problems Continue
July 16, 2017 Turner v. United States, 582 U.S. ___ (2017) (Breyer, J.). Response by Stephen A. Saltzburg Geo. Wash. L.... Read More
Trinity Lutheran Church v. Comer: Dodging on the Playground
July 5, 2017 Trinity Lutheran Church v. Comer, 582 U.S. ___ (2017) (Roberts, C.J.). Response by Ira C. Lupu & Robert... Read More
Murr v. Wisconsin: The “Whole Parcel” Rule Prevails, At Least in This Regulatory Takings Case
June 27, 2017 Murr v. Wisconsin, 582 U.S. ___ (2017) (Kennedy, J.). Response by Robert L. Glicksman Geo. Wash. L. Rev.... Read More
Bristol-Myers Squibb v. Superior Court of California: Another Big Personal Jurisdiction Win for Defendants
June 20, 2017 Bristol-Myers Squibb v. Superior Court of California, 582 U.S. ___ (2017) (Alito, J.). Response by Alan Morrison1 Geo.... Read More
Microsoft Corp. v. Baker: Another Supreme Court Defense Win in Class Actions
June 15, 2017 Microsoft Corp. v. Baker, 582 U.S. ___ (2017) (Ginsburg, J.). Response by Alan Morrison1 Geo. Wash. L. Rev.... Read More
Kokesh v. SEC: SEC Actions for Disgorgement Are Subject to a Statute of Limitations
June 11, 2017 Kokesh v. SEC, 581 U.S. ___ (2017) (Sotomayor, J.). Response by Theresa A. Gabaldon Geo. Wash. L.... Read More
Impression Products v. Lexmark: A Glib Rebuke of the Federal Circuit
June 11, 2017 Impression Products, Inc. v. Lexmark International, Inc., 581 U.S. ___ (2017) (Roberts, C.J.). Response by Andrew C. Michaels... Read More
Midland Funding, LLC v. Johnson: Fair Debt Collections and Statutes of Limitations
May 30, 2017 Midland Funding, LLC v. Johnson, 581 U.S. ___ (2017) (Breyer, J.). Response by David Levine and Thomas Kearns... Read More
TC Heartland v. Kraft Foods: Patent Venue Comes Home
May 29, 2017 TC Heartland LLC v. Kraft Foods Group Brands, 581 U.S. ___ (2017) (Thomas, J.). Response by Gaston Kroub... Read More
Kindred Nursing Centers, L.P. v. Clark: Intersection of Constitutional and Agency Law with the Federal Arbitration Act
May 29, 2017 Kindred Nursing Centers, L.P. v. Clark, 581 U.S. ___ (2017) Response by Professor Larry A. DiMatteo Geo.... Read More
Cooper v. Harris: Striking Down Racial Gerrymandering in North Carolina
May 29, 2017 Cooper v. Harris, 581 U.S. ___ (2017) (Kagan, J.). Response by Alan Morrison Geo. Wash. L. Rev. On... Read More
“Guilty Enough”: The Supreme Court Reinforces the Presumption of Innocence
May 17, 2017 Nelson v. Colorado, 581 U.S. ___ (2017) (Ginsburg, J.). Response by Roger Fairfax Geo. Wash. L. Rev. On... Read More
Lewis v. Clarke: Good Losses and Bad Losses
May 9, 2017 Lewis v. Clarke, 581 U.S. ___ (2017) (Sotomayor, J.). Response by Ezra Rosser Geo. Wash. L. Rev. On... Read More
On the Docket’s Preview of April Supreme Court Arguments
After more than a year as an eight member body, the Supreme Court finally has a new Associate Justice. President Trump’s... Read More
Moore v. Texas: The Supreme Court Limits State Discretion to Make the “Protection of Human Dignity” a Reality for the Intellectually Disabled
April 9, 2017 Moore v. Texas, 581 U.S. ___ (2017) (Ginsburg, J.). Response by Robin M. Maher Geo. Wash. L. Rev.... Read More
Endrew F. v. Douglas County School District: Recognizing that Merely More than De Minimis is Not Appropriate for Special Education
April 9, 2017 Endrew F. v. Douglas County School District, 580 U.S. ___ (2017) (Roberts, J.). Response by Shannon Rohn Geo.... Read More
Structured Lingchi: Czyzewski v. Jevic Holding Corp.
April 3, 2017 Czyzewski v. Jevic Holding Corp., 580 U.S. ___ (2017) (Breyer, J.). Response by Professor Bruce Markell Geo. Wash.... Read More
Gloucester County School Board v. G.G.: Trump Withdraws Title IX Guidance; Supreme Court Pauses. What Now?
Gloucester County School Board v. G.G., No. 16-273 (U.S. Mar. 6, 2017). Response by Professor W. Burlette Carter Geo. Wash.... Read More
Peña- Rodriguez v. Colorado: The Court’s New Racial Bias Exception to the No-Impeachment Rule
March 19, 2017 Peña-Rodriguez v. Colorado, 580 U.S. ___ (2017) (Kennedy, J.). Response by Professor Cynthia Lee Geo. Wash. L. Rev.... Read More
On the Docket’s Preview of March Supreme Court Arguments
The Court is making the jump from seven cases heard in February to eleven in March, while still maintaining its... Read More
Peña-Rodriguez v. Colorado: The Ultimate Safeguard Against Juror Racial Bias?
March 6, 2017 Peña-Rodriguez v. Colorado, 580 U.S. ___ (2017) (Kennedy, J.). Response by Professor Stephen Saltzburg Geo. Wash. L. Rev.... Read More
Buck v. Davis: Fulfilling the Promise of Justice
Buck v. Davis, 580 U.S. ___ (2017) (Roberts, J.). Response by Robin M. Maher Geo. Wash. L. Rev. On the Docket... Read More
On the Docket’s Preview of February Supreme Court Arguments
So far in 2017, the branches of government are moving at high speed—and the judiciary is no exception. February could... Read More
On the Docket’s Preview of January Supreme Court Arguments
The New Year may finally bring some excitement to Court-watchers dissatisfied with the Eight-Justice Supreme Court’s perceived recent avoidance of hot-button... Read More
Salman v. United States: Stock Tips Make Bad Holiday Gifts
Salman v. United States, 580 U.S. ___ (2016) (Alito, J.). Response by Professor Randall D. Eliason Geo. Wash. L. Rev. On... Read More
On the Docket’s Preview of December Supreme Court Arguments
As the Supreme Court nears double digit months without a ninth Justice, the end may be in sight. Now that... Read More
Summary of On the Docket’s Fall 2016 Discussion with Paul Clement: Bethune-Hill v. Virginia State Board of Elections and McCrory v. Harris
On October 25, The George Washington Law Review’s On the Docket was privileged to host a conversation between former Solicitor... Read More
On the Docket’s Preview of November Supreme Court Arguments
As the Supreme Court enters the second month of its 2016 Term, the Senate’s refusal to consider a replacement to fill the vacancy... Read More
On the Docket’s Preview of October Supreme Court Arguments
Welcome to the second year of On the Docket’s Supreme Court Previews! Started last year, with the Court’s October 2015... Read More
2015 Term
McDonnell v. United States: A Cramped Vision of Public Corruption
McDonnell v. United States, 579 U.S. ___ (2016) (Roberts, C.J.). Response by Professor Randall D. Eliason Geo. Wash. L. Rev. On... Read More
Whole Woman’s Health v. Hellerstedt: The Silence of Justice Kennedy and the Future of Abortion Jurisprudence
Whole Woman’s Health v. Hellerstedt, 579 U.S. ___ (2016) (Breyer, J.). Response by Steven Aden Geo. Wash. L. Rev. On the... Read More
Voisine v. United States: The Supreme Court Just Says No—Again—to Domestic Abusers Seeking to Possess Firearms
Voisine v. United States, 579 U.S. ___ (2016) (Kagan, J.). Response by Joan Meier Geo. Wash. L. Rev. On the... Read More
United States v. Texas: Ambush or Self-Inflicted Wound—Defending the Administration’s Deferred Action Program
United States v. Texas, 579 U.S. ___ (2016) (per curiam). Response by Alan Morrison Geo. Wash. L. Rev. On the Docket... Read More
Utah v. Strieff: Concerning Implications for Our Privacy
Utah v. Strieff, 579 U.S. ___ (2016) (Thomas, J.). Response by Edward J. George Geo. Wash. L. Rev. On the Docket... Read More
Fisher v. University of Texas: An Affirmative Decision the Second Time Around
Fisher v. University of Texas, 579 U.S. ___ (2016) (Kennedy, J.). Response by Alan Morrison Geo. Wash. L. Rev. On the... Read More
Cuozzo Speed Technologies, LLC v. Lee: Business as Usual and Uncertainty for Post-Grant Proceedings
Cuozzo Speed Technologies, LLC v. Lee, 579 U.S. ___ (2016) (Breyer, J.). Response by Joseph Palys, Igor Timofeyev, Naveen Modi,... Read More
Encino Motorcars, LLC. v. Navarro: Bringing Deference in for a Tune-Up
Encino Motorcars, LLC. v. Navarro, 579 U.S. ___ (2016) (Kennedy, J.). Response by Alan Morrison Geo. Wash. L. Rev. On the... Read More
Utah v. Strieff: Chipping Away at the Exclusionary Rule
Utah v. Strieff, 579 U.S. ___ (2016) (Thomas, J.). Response by Stephen Saltzburg Geo. Wash. L. Rev. On the Docket (Oct.... Read More
Puerto Rico v. Sanchez Valle: Insights on the Dual Sovereignty Doctrine, Double Jeopardy, and the Status of Puerto Rico
Puerto Rico v. Sanchez Valle, 579 U.S. ___ (2016) (Kagan, J.). Response by Rosa Celorio Geo. Wash. L. Rev. On the... Read More
Williams v. Pennsylvania: Justice Doesn’t Just Happen
Williams v. Pennsylvania, 579 U.S. ___ (2016) (Kennedy, J.). Response by Robin Maher Geo. Wash. L. Rev. On the Docket (Oct.... Read More
United States Army Corps of Engineers v. Hawkes Co., Inc.: Navigating the Clean Water Act
United States Army Corps of Engineers v. Hawkes Co., Inc., 578 U.S. ___ (2016) (Roberts, C.J.). Response by Professor Robert... Read More
Foster v. Chatman: E-Racing the White Jury’s Constitutional Veneer
Foster v. Chatman, 578 U.S. ___ (2016) (Roberts, C.J.). Response by Phyllis Goldfarb Geo. Wash. L. Rev. On the Docket (Oct.... Read More
Spokeo, Inc. v. Robins: When Is a Person Harmed by a Privacy Violation?
Spokeo, Inc. v. Robins, 578 U.S. ___ (2016) (Alito, J.). Response by Daniel Solove Geo. Wash. L. Rev. On the Docket... Read More
Ocasio v. United States: The Contortionist Extortionist
Ocasio v. United States, 578 U.S. ___ (2016) (Alito, J.). Response by Professor Randall D. Eliason Geo. Wash. L. Rev. On... Read More
Molina-Martinez v. United States: When Guidelines Affect Substantive Rights
Molina-Martinez v. United States, 578 U.S. ___ (2016) (Kennedy, J.). Response by Professor Stephen A. Saltzburg Geo. Wash. L. Rev. Docket... Read More
Hughes v. Talen Energy Marketing, LLC: Energy Law’s Jurisdictional Boundaries – Take Three
Hughes v. Talen Energy Marketing, LLC, 578 U.S. ___ (2016) (Ginsburg, J.). Response by Professor Emily Hammond Geo. Wash. L.... Read More
Bank Markazi v. Peterson – Equity and Justice versus the Separation of Powers
Bank Markazi v. Peterson, 578 U.S. ___ (2016) (Ginsburg, J.). Response by Dean Alan Morrison Geo. Wash. L. Rev. Docket... Read More
On the Docket’s Preview of April Supreme Court Arguments
The Supreme Court’s decisions often create wide-ranging precedent that affects many people, and it is easy to forget that the cases... Read More
Evenwel v. Abbott: A New Attempt to Define “One Person, One Vote”
Evenwel v. Abbott, 578 U.S. ___ (2016) (Ginsburg, J.). Response by Professor Derek Muller Geo. Wash. L. Rev. Docket (Oct.... Read More
Evenwel v. Abbott: Redistricting—When Whom You Count Really Counts
Evenwel v. Abbott, 578 U.S. ___ (2016) (Ginsburg, J.). Response by Dean Alan Morrison Geo. Wash. L. Rev. Docket (Oct.... Read More
Tyson Foods, Inc. v. Bouaphakeo: Class Actions Escape Knock Out Punch from Tyson
Tyson Foods, Inc. v. Bouaphakeo, 577 U.S. ___ (2015) (Kennedy, J.). Response by Dean Alan Morrison Geo. Wash. L. Rev.... Read More
On the Docket’s Preview of March Supreme Court Arguments
Common legal wisdom holds that the Supreme Court is more than the sum of its parts, and the addition or... Read More
On the Docket’s Preview of February Supreme Court Arguments
As the Court resumes oral arguments on Monday, February 22 after a month-long recess, many will miss the voice of... Read More
Montgomery v. Louisiana: Baby Steps Toward a More Benevolent Juvenile Justice System
Montgomery v. Louisiana, 577 U.S. ___ (2016) (Kennedy, J.). Response by Professor Kami Chavis Simmons Geo. Wash. L. Rev. Docket (Oct.... Read More
Observations from the GWLR United States v. Texas Panel
Official estimates place the number of undocumented immigrants in the United States between eleven and twelve million. Congress has only... Read More
FERC v. Electric Power Supply Association: Energy Law’s Jurisdictional Boundaries: Staying the Course
FERC v. Electric Power Supply Association, 577 U.S. ___ (2016) (Kagan, J.). Response by Professor Emily Hammond Geo. Wash. L. Rev.... Read More
Campbell-Ewald Co. v. Gomez: A (Temporarily) Failed Pick Off
Campbell-Ewald Co. v. Gomez, 577 U.S. ___ (2016) (Ginsburg, J.). Response by Dean Alan B. Morrison Geo. Wash. L. Rev. Docket (Oct.... Read More
Hurst v. Florida: How Much Does the Sixth Amendment Really Protect?
Hurst v. Florida, 577 U.S. ___ (2016) (Sotomayor, J.). Response by Professor Robin Maher Geo. Wash. L. Rev. Docket (Oct.... Read More
On the Docket’s Preview of January Supreme Court Arguments
The United States Constitution forms the solid foundation of the American legal system, spelling out the structure of government and... Read More
On the Docket’s Preview of December Supreme Court Arguments
How much impact can one case have? In this month’s upcoming arguments, the Court has taken on ten cases which... Read More
On the Docket’s Preview of November Supreme Court Arguments
What exactly does it take to get your day in court? That’s the question on everyone’s minds during the second... Read More
On the Docket’s Summary of October Supreme Court Arguments
In the opening month of the Supreme Court’s October 2015 term, there is no question as to the importance of... Read More