The Latest Breaking News from Elena Kagan

“Without full briefing and argument,” Kagan objects, the Court is quietly resolving major disputes.

The U.S. Supreme Court has been on a tear lately, to put it mildly. It wasn't enough that the court's conservative majority upended a half-century of precedent by ending the constitutional right to abortion. It also expanded gun rights despite the ongoing trauma of mass shootings and gun violence.

The U.S. Supreme Court on June 30, 2022, invoked the major questions doctrine in a decision that limits the Environmental Protection Agency’s (EPA) authority to regulate greenhouse gas emissions. The ruling in West Virginia v. Environmental Protection Agency (EPA) could limit the efforts of other federal agencies to engage in…

Regardless of the federal ruling, local efforts to shut down the most polluting power plants and switch on clean energy continue.

In her forceful West Virginia v. EPA dissent, Justice Kagan challenges the majority's commitment to textualism.

At a moment when the world should be racing to prevent the worst effects of global warming, the Supreme Court just made it harder for the U.S. to cut carbon emissions from power plants quickly and cost-effectively.

Lost in the furor over the Supreme Court’s decision to overturn the nearly five decades of American bodily autonomy guaranteed by Roe v. Wade was another appalling ruling in Vega v. Tekoh. It undermined the landmark 56-year-old precedent that established what have come to be known as Miranda rights.

By a 6-3 vote, the Supreme Court has held that the Environmental Protection Agency lacks authority to order reduced emissions to fight climate change.

In a highly anticipated but not unexpected 6-3 decision, the Supreme Court ruled on June 30, 2022, that the Obama administration’s Clean Power Plan exceeded the U.S. Environmental Protection Agency’s authority under the Clean Air Act.