Supreme Court News
In-depth reporting and commentary on the Court’s rulings and their influence on law, politics, and society.
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- News
Federal Judge Blocks Implementation of Controversial Overtime Rule
A federal judge blocked implementation of a controversial rule addressing overtime pay from taking effect next week, a rule that had businesses, nonprofits, and higher education institutions bracing for the impacts of the measure. The Department of Labor’s rule was supposed to take effect Dec. 1, and under the new measure, any employee making up…Melissa Quinn -
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Transgender Bathroom Cases the Supreme Court Won’t Hear, and Why They Matter
A mother who is part of a lawsuit against the Obama administration’s transgender restroom mandate for schools says she is encouraged by the Supreme Court’s decision to review a similar case. That case, arising from a Virginia school system, could set a national precedent in the debate over transgender individuals using public facilities according to…Kelsey Bolar -
- Opinion
Supreme Court Enters Legal Battle Over Gender Identity and the Purpose of Restrooms
Why do we make our restrooms and locker rooms private? Each of us performs a variety of necessary life functions in front of strangers every day. “According to the federal government and LGBT activists, the primary function of private facilities is not privacy; it is affirmation of a person’s gender identity.” —Matt Sharp, @AllianceDefends We…Matt Sharp -
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This Liberal Justice Isn’t Concerned About an 8-Member Supreme Court
One of the U.S. Supreme Court’s liberal justices says an evenly divided court is functioning just fine—and would continue to do so if it faced another Bush v. Gore case. “The court, when it began at the time of the Constitution’s writing, had six members. They had six members for several years,” said Justice Stephen…Rachel del Guidice -
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25 Years After Thomas Joins Supreme Court, a Friend Hails an American Originalist
Not every justice on the Supreme Court connects the “magical words” of the Declaration of Independence with the government structure set up in the Constitution to protect natural rights as expressed by Thomas Jefferson. In fact, the only one to do so with any consistency in recent years is Justice Clarence Thomas, a friend and…Kevin Mooney -
- Opinion
4 Times Conservatives Lost a Major Supreme Court Case by a Single Vote
Sunday night’s second presidential debate underscored the importance of the next Supreme Court justice, as the candidates and questioners alike recognized that the fate of the federal courts rests in the next president’s hands. The high court has been closely divided on many contentious issues in recent years, and the next justice could change the…Tiffany Bates -
- Opinion
A Conservative Take on Trump’s New Supreme Court Nominee List
On May 18, then-future Republican presidential nominee Donald Trump put out a list of 11 individuals, all sitting judges, who he would consider as a potential replacement for Antonin Scalia, who died unexpectedly last February, on the Supreme Court of the United States. Trump has now added 10 new names to that list. As was the…John G. Malcolm -
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What’s at Stake in the Next Supreme Court Term
The next Supreme Court term is beginning Oct. 3—and there’s plenty of contentious issues on the docket for the eight justices to rule on. “The cases this term may be hard-pressed to match the excitement and media flurry that accompanied highly anticipated rulings in recent years, such as cases involving same-sex marriage, immigration, abortion, and…Leah Jessen -
- Opinion
How Scalia’s Death Altered the Supreme Court’s Term
Last week, the Supreme Court concluded its 2015-16 term, and it’s safe to say there were several disappointments for conservatives. The sudden death of Justice Antonin Scalia in February led to deadlocks and compromises in some of the biggest cases of the term, much to the chagrin of conservatives. Consider five of the biggest cases: 1. Fisher…Elizabeth Slattery -
- Opinion
Supreme Court Upholds Race-Based Discrimination in College Admissions
The Supreme Court issued its disappointing decision in Abigail Fisher’s case on Thursday against the University of Texas at Austin. In an opinion by Justice Anthony Kennedy, four members of the court ruled that the university’s race-conscious admissions program does not violate the Equal Protection Clause of the Constitution. Justices Clarence Thomas and Samuel Alito…Elizabeth Slattery -
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Supreme Court Says No to Puerto Rico’s Bankruptcy Law
In a 5-2 ruling on Monday, the Supreme Court ruled that Puerto Rico cannot create its own bankruptcy law because the Federal Bankruptcy Code preempts it. Facing a financial and economic crisis, Puerto Rico passed a law that would have allowed it to subject its public utilities to a Chapter 9 bankruptcy-like process. While states…Rachel Greszler -
- Opinion
Alaskan Hunter Triumphs Over Federal Agency in Supreme Court, for Now
For more than 15 years, John Sturgeon used a hovercraft to reach moose-hunting grounds in Alaska without any incident or objection. Then, one day in 2007, two National Park Service rangers told Sturgeon that he was on federal property and hovercraft were illegal. What followed was nine years of litigation. Sturgeon lost his case in the…Paul J. Larkin -
- Opinion
Supreme Court Got It Wrong: Noncitizens Shouldn’t Be Counted
In a loss for voters, the Supreme Court has ruled unanimously against two residents of Texas who had argued that the Texas legislature diluted their votes when it used total population to redraw state Senate districts. In Evenwel v. Abbott, the Supreme Court allowed states to use total population in redrawing district lines, even though…Hans von Spakovsky -
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Supreme Court Hands Down Big Sixth Amendment Right to Counsel Win
On Wednesday, the Supreme Court delivered a win for the Sixth Amendment right to counsel in Luis v. United States. Five justices—Justice Stephen Breyer, who wrote a plurality opinion joined by Chief Justice John Roberts and Justices Ruth Bader Ginsburg and Sonia Sotomayor, and Justice Clarence Thomas, who wrote a separate concurring opinion—sided with challenger…Jason Snead -
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Supreme Court Request Gives Little Sisters Cause for Hope
In an order Tuesday afternoon, the Supreme Court asked the petitioners and Obama administration to file supplemental briefs in the consolidated challenge to Obamacare’s requirement that nonprofit employers provide employee health insurance coverage that includes potentially life-ending drugs and devices. Many employers, such as the Little Sisters of the Poor, Priests for Life, and religious…Elizabeth Slattery -
- Opinion
The Next Supreme Court Justice
It now seems highly likely that the next president of the United States will have the opportunity to nominate someone to fill the vacancy on the U.S. Supreme Court created by the sudden passing of Justice Antonin Scalia. That may not be the only vacancy the president will have the opportunity to fill. By the…John G. Malcolm -
- News
Little Sisters to the Supreme Court: We’ll Have ‘Nun of It’
In a rare public appearance, a group of nuns stood before the Supreme Court Wednesday to rally against a provision in the Affordable Care Act that they believe forces them to violate their deeply-held religious beliefs. The provision, often called the “contraceptive mandate,” requires employers, including the Little Sisters of the Poor, to offer coverage…Kelsey Bolar -
- Opinion
Big Brother Bullies Little Sisters at the Supreme Court
The plaza of the U.S. Supreme Court and the courtroom itself were full of people you don’t normally see at the court—priests, ministers, and nuns of various religious orders. They were there Wednesday to hear the U.S. government argue that the Little Sisters of the Poor—an order of Catholic nuns who have served the elderly…Hans von Spakovsky -
- Opinion
Little Sisters of the Poor Case Heads to Supreme Court
The Supreme Court will hear oral arguments this week in a group of cases challenging the Obamacare requirement that nonprofit employers offer their employees health care coverage that includes Plan B, ella, and other potentially life-ending drugs and devices, contraception, and sterilization. The challengers in the consolidated cases, captioned Zubik v. Burwell, include the Little…Elizabeth Slattery -
- Opinion
The People Should Determine What Kind of Supreme Court They Wish to Have
The opening words of the preamble to the United States Constitution are familiar to us all: “We the People.” But what exactly do they mean? It was by “the People” that the Constitution was written and ratified. It is for “the People” that my colleagues and I, along with every other public official across these…Sen. Mike Lee