Sager Congressional Control of Supreme Court Harvard Law Review
Supreme Court
In the Shadows: McCoy five. Alamu
March 13, 2021
Editor's Annotation: This piece is the starting time in our new series roofing the Supreme Court's "shadow docket" — emergency orders and summary decisions outside the Court's main docket of argued cases and decisions. In Nov, the Supreme Court ruled in favor of the plaintiff in a qualified immunity instance in Taylor v. Riojas. Commentators wondered whether Riojas would…
Harvard Constabulary Review Pieces Cited in October Term 2019
November eleven, 2020
Last Term, sixteen Supreme Courtroom cases cited pieces published in the Harvard Law Review. The works cited were published over the course of the Law Review's 134-year history, touching on a variety of dissimilar topics including statutory estimation, ramble law, and tort constabulary. Delight encounter a complete list of the Articles the Courtroom cited below….
Recent Argument: Chief Justice Roberts on Senate Minority Leader Schumer
March 31, 2020
On March four, 2020, the Supreme Courtroom heard oral argument in June Medical Services, LLC five. Russo, one of the virtually contentious cases on its current docket. June Medical is an appeal from a Fifth Circuit conclusion upholding a Louisiana law requiring physicians who perform abortions to have admitting privileges at nearby hospitals. The Fifth…
What's Really at Stake in the Supreme Court'south Religious School Vouchers Case?
February 4, 2020
The Supreme Court has just heard oral argument in Espinoza v. Montana Department of Revenue, a loftier-profile instance involving a Montana private school voucher plan that a number of families used to enroll their children in religious schools. The Montana Supreme Court struck downwards the plan, ruling that information technology violates a Montana constitutional provision that forbids whatever public funding to be…
The Supreme Court Is Killing Contribution Limits Softly; A Few Years from Now They Likely Will Be Dead.
December 29, 2019
The Thompson 5. Hebdon per curium stance is the latest example of the Roberts Supreme Court'south hostility to reasonable money in politics reforms like contribution limits, and its insistence on ignoring empirical data about campaign finance. In Thompson five. Hebdon, the Court remanded the instance and then that the Ninth Circuit could "revisit whether Alaska's contribution…
The Supreme Courtroom is Poised to Blow A Behemothic Hole in Gun Command. Here's How the Liberal Justices Can Intervene.
October 21, 2019
Lost in the shuffle of a busy October at the Supreme Court—ane filled with high profile developments concerning the correct to abortion and the treatment of LGBT workers—was a single, ominous sentence cached abroad on page eleven of the Court's first orders list of the Term: "The Respondents' Proposition of Mootness is denied." Despite its opacity, this unmarried sentence is…
Protesting on the Supreme Court's Forepart Porch
October 23, 2018
Some dressed as characters from The Handmaid's Tale, the dystopian novel about a society in which women are valued only if their ovaries are viable. Others chanted "This isn't over" while holding signs that said "We DO NOT CONSENT" and "UNFIT TO SERVE." That was the scene that greeted Justice Brett Kavanaugh when he arrived…
The Next Threat to Redistricting Reform
Oct 22, 2018
These are perilous times even for those who think that federal courts have no business messing with how state legislatures draw lines for legislative and congressional districts and that the issue is all-time left up to each land's political system. At present that Justice Anthony Kennedy has left the stage, information technology is unlikely that the Court…
Abbott five. Perez, Race, and the Immodesty of the Roberts Court
July 31, 2018
The Roberts Court'south election constabulary jurisprudence is a puzzle to scholars of the Court. The conservative Justices purport to approach their task modestly, invoking analogies to baseball game umpires and the duty to call assurance and strikes. But their work product is inconsistent with this purported aspiration. The Roberts Court seems to have particular views virtually…
A Shadow Across Our Republic
July 24, 2018
The fate of our republic may very well hang on the vote of Justice Kennedy's replacement. If a newly constituted Supreme Court were to overrule (or limit to a vanishing point) Roe v. Wade, information technology would just matter if state legislatures restricted abortion rights. Undocumented men and women brought to this country every bit children and…
Not Conservative
July iii, 2018
The press and the residue of the commentariat take fallen into the habit of referring to the piece of work of Principal Justice Roberts and Justices Thomas, Alito, and Gorsuch as "bourgeois." That is wrong. In several of the most controverted areas that the Courtroom has entered and in which its decisions have had a profound upshot…
The New Armed forces Federalism
June 29, 2018
Although information technology was not exactly a headline-grabbing ruling, the Supreme Courtroom'south determination last Friday in Ortiz 5. United States will likely receive a off-white corporeality of academic attention, peculiarly from Federal Courts casebooks, cheers to its long-overdue analysis of the types of disputes (and nature of the tribunals) over which the Court may practise direct…
Don't Forget Congress When Assigning Arraign: Thoughts on Trump v. Hawaii
June 27, 2018
In the aftermath of the Supreme Courtroom's determination in Trump five. Hawaii, the travel ban or Muslim ban case, it is unfortunately necessary to engage—or continue to appoint—in the process of assigning arraign. Starting during the presidential campaign and continuing into his presidency, Donald Trump gave much reason to fear that he had "animus," to…
The Travel Ban Arguments and the President'due south Words
April 27, 2018
Coming out of Wed'southward arguments in Trump v. Hawaii, the dominant view—see, for case, here, here, and hither—was that the federal regime was likely to prevail and the Proclamation would exist upheld. I was less sure; my impression was that if the Court reached the Establishment Clause question—a big if—at that place was a good adventure that…
The Disregarded Legal Challenge to Trump'southward Travel Ban
April 23, 2018
The third version of the Travel Ban ("EO-3")—also known every bit the Muslim Ban—added two not-Muslim countries to the list, simply that by no means immunized information technology from legal challenge. The Supreme Court is set up to hear oral argument tomorrow in Trump v. Hawaii and volition ultimately determine whether the Travel Ban is a lawful exercise…
Supreme Court Avoids Bush-league v. Gore II in Ducking Pennsylvania Redistricting Controversy
March 22, 2018
Afterward waiting, and waiting, and waiting, the U.s. Supreme Court finally answered the question whether it would heed Pennsylvania Republicans' calls to put on hold the Pennsylvania Supreme Court's gild redrawing the state's congressional district lines to cure a partisan gerrymander. The reply was no, with no explanation. And in that silence the Court…
Microsoft Ireland Argument Assay: Data, Territoriality, and the Best Manner Forrard
Feb 28, 2018
Yesterday, the Supreme Court heard arguments in the Microsoft Ireland example – the high-profile dispute betwixt Microsoft and the U.s. regarding the attain of the warrant potency nether the Stored Communications Act. The more than than xxx-some amicus briefs filed in the case highlight the case's significance. With proficient reason. The consequence matters to our…
Into the Redistricting Woods
February thirteen, 2018
This post is the first in a series well-nigh the redistricting cases moving through the courts. In the Spring of 2013, two prominent election lawyers, a Republican and a Democrat, visited my Election Law form. I asked them what were the great unsettled questions in the field, especially governing redistricting. They were united in their…
The Pregnant of Union
December 1, 2017
Laws banning discrimination on the basis of sexual orientation — like laws banning discrimination on the grounds of race, sex, and other significant statuses — are a moral and social good, properly expressing the intrinsic and radical equality of every homo person. Marriage, even so, by police and by custom, is non a statement virtually an…
Déjà Vu "No Cake for You"
Next week's oral argument in Masterpiece Cakeshop involves a familiar story: 3 customers walk into a small business that sells specialty foods. The possessor is said to be an "artist" for his unique culinary skills and believes his religious convictions imbue his work. The owner turns the customers abroad entirely or denies them access to…
Digital Realty Trust v. Somers: Hasn't Chevron Deference Gone Too Far?
October 17, 2017
In the high-flying corporate earth, employees from fourth dimension to fourth dimension suspect that a colleague or boss may be violating federal securities laws. Simply they may shy abroad from reporting these violations — from "blowing the whistle" — either to the employer or relevant regime, because of a chance of retaliation. When Congress passed the Dodd-Frank…
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