Jun 6 2025 Publication Federalist Society Review Disparate-Impact Liability: Unfounded, Unconstitutional, & Not Long For This World Dan Morenoff For more than fifty years—ever since the Supreme Court decided Griggs v. Duke Power Co.[1]—almost...
May 19 2025 Topics Constitution • Criminal Law & Procedure Blog Post Do Compelled Biometrics Violate the Fifth Amendment? A Deepening Split Among Lower Courts Luke Cass, Joe D. Whitley, Chukwukpee Nzegwu Chief Justice Roberts remarked in 2014 that modern cell phones are “such a pervasive and...
May 15 2025 Topics Founding Era & History • Fourteenth Amendment • Supreme Court • Federalism & Separation of Powers Blog Post Beware the Ides of May: Universal Injunctions in the Trump v. CASA Oral Argument Eric Wessan What does the Citizenship Clause mean? “All persons born or naturalized in the United States,...
May 9 2025 Publication Federalist Society Review The Supreme Court's 2023 Term: Return to Original Meaning or a Dangerous "Paradigm Shift"? Zack Smith, Donald A. Daugherty Each Supreme Court term over the past several years seems to produce more momentous decisions...
Apr 15 2025 Topics Criminal Law & Procedure • Supreme Court Blog Post SCOTUS Clarifies Scope of RICO’s Civil Cause of Action in Medical Marijuana, Inc. v. Horn Kevin M. Zielinski In Medical Marijuana, Inc. v. Horn, the Supreme Court held that RICO’s civil cause of...
Mar 27 2025 Topics Supreme Court • Telecommunications & Electronic Media • Federalism & Separation of Powers Blog Post Supreme Court Justices Seem Skeptical of Nondelegation Doctrine Claim in FCC v. Consumers’ Research Daniel Lyons On Wednesday, March 26, the United States Supreme Court heard oral argument in Federal Communications...
Mar 24 2025 Topics Civil Rights • Supreme Court • Free Speech & Election Law Blog Post Court Appears Split in Racial-Gerrymandering Case: Arguments Heard in Louisiana v. Callais Michael R. Dimino Louisiana v. Callais, which was before the Supreme Court for oral argument today, involves an...
Mar 3 2025 Publication Federalist Society Review The Widening Effect of Students for Fair Admissions George R. La Noue Sitting at the top of the judicial pyramid, the Supreme Court makes only a few...
Jan 13 2025 Topics Federal Courts • Professional Responsibility & Legal Education • Supreme Court Blog Post A Coda on Judicial Independence: Comments on Chief Justice Roberts’ 2024 Year End Report Michael S. McGinniss As a very eventful 2024 drew to a close, Supreme Court Chief Justice John Roberts...
Dec 11 2024 Topics Civil Rights • Constitution • Litigation • Supreme Court Blog Post United States v. Skrmetti: Oral Arguments Indicate SCOTUS Justices Are Likely to Uphold Tennessee’s Ban on Gender Medicine for Minors Sarah Parshall Perry On Wednesday, December 3, the U.S. Supreme Court heard oral arguments in one of the...
Disparate-Impact Liability: Unfounded, Unconstitutional, & Not Long For This World
Dan Morenoff
For more than fifty years—ever since the Supreme Court decided Griggs v. Duke Power Co.[1]—almost...
Topics
Do Compelled Biometrics Violate the Fifth Amendment? A Deepening Split Among Lower Courts
Chief Justice Roberts remarked in 2014 that modern cell phones are “such a pervasive and...
Topics
Beware the Ides of May: Universal Injunctions in the Trump v. CASA Oral Argument
What does the Citizenship Clause mean? “All persons born or naturalized in the United States,...
The Supreme Court's 2023 Term: Return to Original Meaning or a Dangerous "Paradigm Shift"?
Zack Smith, Donald A. Daugherty
Each Supreme Court term over the past several years seems to produce more momentous decisions...
Topics
SCOTUS Clarifies Scope of RICO’s Civil Cause of Action in Medical Marijuana, Inc. v. Horn
In Medical Marijuana, Inc. v. Horn, the Supreme Court held that RICO’s civil cause of...
Topics
Supreme Court Justices Seem Skeptical of Nondelegation Doctrine Claim in FCC v. Consumers’ Research
On Wednesday, March 26, the United States Supreme Court heard oral argument in Federal Communications...
Topics
Court Appears Split in Racial-Gerrymandering Case: Arguments Heard in Louisiana v. Callais
Louisiana v. Callais, which was before the Supreme Court for oral argument today, involves an...
The Widening Effect of Students for Fair Admissions
George R. La Noue
Sitting at the top of the judicial pyramid, the Supreme Court makes only a few...
Topics
A Coda on Judicial Independence: Comments on Chief Justice Roberts’ 2024 Year End Report
As a very eventful 2024 drew to a close, Supreme Court Chief Justice John Roberts...
Topics
United States v. Skrmetti: Oral Arguments Indicate SCOTUS Justices Are Likely to Uphold Tennessee’s Ban on Gender Medicine for Minors
On Wednesday, December 3, the U.S. Supreme Court heard oral arguments in one of the...