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The Latest Breaking News from Sotomayor

No Offense, But It's Just A Prayer

Kennedy tells people to get over prayer in public unless there is direct coercion.

Why Didn't Kennedy Formally Overrule Lemon?

There were no Establishment Clause claims present, and Kennedy did not ask the Court to reverse Lemon.

Farewell to Footnote 3 of Trinity Lutheran

In Carson v. Makin, the Chief Justice stealthily eliminated the status/use distinction.

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Scalia's "Prophecy" in Lawrence And The Joint Dissent in Dobbs

That awkward moment when Justice Breyer joins an opinion that criticizes his join in Lawrence.

The Assignments and Timing in Dobbs

Who assigned the majority opinion to Justice Alito?

What's Wrong With That Footnote? It's Only Seven Words Long!

Chief Justice Roberts refuses to join a wee little footnote in a Justice Barrett opinion.

Barrett v. Gorsuch -- Continued

Justice Gorsuch has dissented from two-thirds of Justice Barrett's majority opinions this term.

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Barrett v. Gorsuch

Justice Amy Coney Barrett and Neil Gorsuch are disagreeing more than you might think, but Justice Barrett appears to have the upper hand.

Textualism Monday

Four decisions that turn on the meaning of text.

Justice Sotomayor Criticizes The "Restless and Newly Constituted Court"

This claim brings to mind Justice Stevens' dissent from Citizens United.

Now Justice Barrett Uses "Noncitizen" Instead of "Alien"

"Congress has comprehensively detailed the rules by which noncitizens may enter and live in the United States."

Right-wing leak hunt has human costs

Right-wing leak hunt has human costs

Conservative internet sleuths have doxxed several alleged leakers. They're all women or people of color. It's ugly

Supreme Court on What Counts as a Content-Based Speech Restriction

Today's decision in City of Austin v. Reagan National Advertising makes this test somewhat fuzzier.

Justices Spar Over How to Interpret the Armed Career Criminal Act

In Wooden v. United States, the justices were unanimous in the judgment, but expressed disagreement over the role of statutory history and the rule of lenity.

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Justice Sotomayor's Statement in Oritz v. Breslin

Sotomayor's solo not-quite-dissental, with a shout-out to her former law clerks, is a throwback to a bygone era of substantive due process.

What Kind of Justice Should President Biden Pick? A Breyer? A Sotomayor? A Kagan? Or A Scalia?

It isn't obvious which way the President should go here.

Why Did Chief Justice Roberts Not Dissent In WWH Mandamus Case?

Roberts, a self-avowed judicial supremacist, apparently did not think the Fifth Circuit ignored the Supreme Court.

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