1 - 58 of 58 results
Sort By: A-Z | Newest to Oldest
Originalism: Defended and Debated, Court Report
Nov. 22, 2022

Originalism is a controversial legal doctrine that calls for constitutional provisions to be interpreted according to the original intention of the Framers of . . .

With Four Female Justices, Conservatives Still Hold Sway, Court Report
Oct. 19, 2022

At the start of the 2022–2023 Term, the Supreme Court included four female justices—the most the Court has ever seen in its long history. In this . . .

What Is the Future for Supreme Court Nominee Hearings?, Court Report
Apr. 6, 2022

The contentious confirmation hearings for Supreme Court nominee Ketanji Brown Jackson from March 21–24, 2022, renewed calls from some Court watchers to . . .

In Election Cases, a New Rule Emerges, Court Report
Mar. 16, 2022

The Supreme Court is ordinarily quite forthright in any decision that announces a new rule of law to be applied to similar cases in the future, but one little . . .

Court Cuts Corners to Speed Some Appeals, Court Report
Feb. 8, 2022

Within the past three years, the Court has departed from standard practice by granting “certiorari before judgment” in more than a dozen cases, a . . .

Testing Power of Precedent in Abortion Case, Court Report
Dec. 13, 2021

Throughout its history, the Court has overturned its own precedents more than 240 times, and a 2018 Mississippi state abortion law presents the prospect of it . . .

Justices’ Longer Tenures Spur Term Limits Debate, Court Report
Oct. 28, 2021

Justice Clarence Thomas became the sixteenth justice in U.S. history on October 23, 2021, to complete at least thirty years of service on the Supreme Court. T . . .

Supreme Court’s ‘Shadow Docket’ Scrutinized, Court Report
Sep. 9, 2021

The Supreme Court’s official scorecard as of the early 21st century shows that the justices decide about sixty to seventy cases each term, but the offic . . .

A Bumpy Transition for Solicitor General’s Office, Court Report
Mar. 22, 2021

When a new president moves into the White House, the federal agencies in charge of national security and domestic welfare quickly change policies in line with . . .

Court Wary of Cases with Foreign Policy Implications, Court Report
Feb. 24, 2021

The Supreme Court plays no formal role in making or applying U.S. foreign policy, but through history the Court has gone to some lengths to limit U.S. courts& . . .

Religious Liberty Claims Advancing under Roberts Court, Court Report
Feb. 2, 2021

The Constitution’s two Religion Clauses prohibit Congress from making “any law regarding an establishment of religion” or “to prevent the free . . .

High Court’s ‘Original Jurisdiction’ in Suits by States, Court Report
Jan. 7, 2021

The concept of original jurisdiction laid out in the Constitution allows federal courts to hear cases brought against states by other states or citizens of ot . . .

Packing and Unpacking the Supreme Court through American History, Court Report
Nov. 9, 2020

The Constitution provides that the “judicial power” of the United States is “vested in one Supreme Court” and such inferior courts as Congress . . .

Working Remotely: How the Supreme Court Adapted Oral Arguments Procedures during the Pandemic, Court Report
Oct. 5, 2020

The Supreme Court opened its 2020 term on October 5, 2020, to an empty courtroom, with lawyers presenting their arguments over the telephone as justices liste . . .

SCOTUS puts itself on hold for fourth time in history, Court Report
Mar. 26, 2020

Given the Supreme Court's concern about following precedent, it was natural that the Court cited three historical precedents in announcing its stunning decisi . . .

Nationwide Injunctions Stir Justices' Concern, Court Report
Feb. 17, 2020

Following an immigration-related federal law suit in early 2020, the debate around nationwide, or universal, injunctions bubbled up with a pointed opinion by . . .

At Supreme Court, Asking for the Government's Views, Court Report
Jan. 30, 2020

The solicitor general of the United States, appointed by the president and subject to Senate confirmation, heads an office of a dozen lawyers who represent th . . .

Justices Urged to Rule on 'Faithless Electors', Court Report
Jan. 16, 2020

Twice in U.S. history, the Supreme Court has played a pivotal role in deciding the outcome of closely contested presidential elections: first in the Hayes-Til . . .

Copyright Confronts Power of Precedent, Court Report
Nov. 5, 2019

For decades the courts have gone back and forth on issues of copyright infringement and state immunity. In this Court Report , court expert Kenneth Jost explores this disson . . .

In LGBT Rights Cases, Issues of Statutory Interpretation, Court Report
Sep. 24, 2019

Gay rights advocates have lobbied Congress for more than 40 years to pass a law—the so-called Employment Nondiscrimination Act (ENDA) —to prohibit . . .

Maritime Law Principles, Court Report
Apr. 25, 2019

The merits of damage claims for injuries sustained in occupations that require employees to live at sea were in the spotlight this Term, as the Court consider . . .

To Overturn Precedent, One Justice Is Not Enough, Court Report
Mar. 19, 2019

The Supreme Court gives special deference to its prior decisions under a legal doctrine known in Latin as stare decisis: let the decision stand. The rule to follow precedent . . .

Justices' Health Issues through the Years, Court Report
Feb. 7, 2019

Supreme Court justices are appointed to the bench for a lifetime term, and this can raise questions about term limits and fitness to serve when they experienc . . .

Case Selection Is Often Shrouded in Secrecy, Court Report
Jan. 14, 2019

The Supreme Court conducts its case selection process mostly in the dark. Court watchers and the general public are left only to guess at the . . .

"Court Packing" Eyed by Liberals to Counter New Justices, Court Report
Nov. 7, 2018

The conservative ascendancy on the Supreme Court resulting from President Donald Trump's appointments of Justices Neil Gorsuch and Brett Kavanaugh has prompte . . .

Rush to Confirm Kavanaugh by First Monday, Court Report
Sep. 12, 2018

Following Justice Anthony Kennedy’s June 2018 announcement of his retirement, President Donald Trump quickly announced a successor who would solidify th . . .

Women Outnumbered in Supreme Court Arguments, Court Report
May 14, 2018

Women are making rapid advances in the legal profession, but men still dominate in leadership positions in the private bar and in government law offices and s . . .

More Light Urged on Court's 'Shadow Docket', Court Report
Apr. 3, 2018

The Supreme Court issues its most important decisions after procedures visible to the public: legal briefs, now accessible online at the Supreme Court's websi . . .

High Court's History of Scrapping Precedents, Court Report
Jan. 24, 2018

The Supreme Court appears to be on the verge of overturning a forty-year-old decision that public employee unions consider essential to their financial stability. The court's 9– . . .

"Original Jurisdiction" poses challenges for court, Court Report
Jan. 4, 2018

The Supreme Court’s caseload typically comprises unsettled cases heard in appellate courts, but on occasion, it will hear original jurisdiction cases, m . . .

Déjà Vu in the Court: The Ambiguities of Case Rearguments, Court Report
Nov. 1, 2017

When there is a split decision, a vacancy, or the justices need more time to come to a decision or refocus the scope of a case, the Supreme Court will request . . .

Supreme Court's Role on Circuit Conflicts, Court Report
Oct. 2, 2017

When conflicting circuit court rulings arise, the Supreme Court often steps in to resolve the matter and lay down the law of the land. Indeed, conflicts are a major criteria in selecting w . . .

Republicans Hope for a Home Run with Court Nominee Gorsuch, Court Report
Apr. 3, 2017

Supreme Court nominee Neil Gorsuch presented himself to a sharply divided Senate Judiciary Committee on March 20, 2017, as a consensus-minded judge, devoted . . .

Supreme Court Confirmation Process Is Becoming More Partisan and Prolonged, Court Report
Mar. 14, 2017

Supreme Court nominations have been rife with partisan contention throughout history, and Neil Gorsuch’s confirmation hearing is shaping up to be no dif . . .

Debate over “business-friendly” Court, Court Report
Feb. 27, 2017

In the lead-up to Neil Gorsuch’s confirmation hearings, speculation will no doubt fly as to what influence he would have on a number of hot-button topic . . .

The Art of Opinion Writing, Court Report
Jan. 23, 2017

Former associate justice Antonin Scalia took great care in choosing his words and phrases carefully when writing his opinions. Scalia’s writing went wel . . .

Is Eight Enough?, Court Report
Nov. 3, 2016

In his latest Court Report, legal scholar and journalist Kenneth Jost examines one scholar’s proposal to limit the number of Supreme Court justices to eight. In analyzing the effects . . .

The Tie Vote, Court Report
Sep. 29, 2016

In his latest Court Report, legal scholar and journalist Kenneth Jost examines the impact of Antonin Scalia’s death on the Court’s 2015 term. With the Court reduced to eight ju . . .

The 2015–2016 Term Analyzed, Court Report
Jul. 13, 2016

The death of Justice Antonin Scalia in February 2016 resulted in a bitter political battle over a potential successor and raised uncertainty about how the eight–member Court would ru . . .

The Path to Confirmation, Court Report
Jun. 1, 2016

Supreme Court nominee Merrick Garland continues to make the rounds on Capitol Hill, while Senate Republican leadership remains resolute not to hold a confirmation hearing. As the impasse c . . .

Geographic Diversity Needed for the Court?, Court Report
Mar. 16, 2016

With a vacancy now on the Supreme Court and speculation flying about who might fill it (and when), Court reporter Kenneth Jost analyzes the geographic roots of justices thr . . .

‘Lame-Duck’ Nominations to the Supreme Court, Court Report
Feb. 22, 2016

Shortly after the death of Justice Antonin Scalia, Senator Charles Grassley cited a decades-old precedent in asserting that no replacement should be considere . . .

Chief Administrator, Court Report
Jan. 26, 2016

In this report by legal analyst Kenneth Jost, he explores the evolution of the chief justice’s role as administrative head of the federal judiciary. . . .

Dissenting Justices, Court Report
Dec. 7, 2015

The number and significance of dissenting opinions have waxed and waned over the Court’s history. Some justices have seen them as detrimental to the Cou . . .

The Justices' Secretive and Evolving Conference, Court Report
Oct. 16, 2015

Deliberations between justices on cases before the Court are notoriously secretive. In this report, Kenneth Jost analyzes the role of the Conference in the Co . . .

Do Justices Need Judicial Experience?, Court Report
Mar. 30, 2015

While one might assume that all Supreme Court justices have ruled from the bench prior to their confirmation, history tells us otherwise. Currently, Elena Kag . . .

Eleventh-Hour Decisions: The Court and Judicial Stays, Court Report
Mar. 19, 2015

In this month’s Court Report, legal expert Kenneth Jost examines the Court’s role in deciding whether or not to issue stays of lower court rulings. He looks at recent . . .

Personal Pleas to the Court: The Pro se Petition, Court Report
Mar. 13, 2015

While Supreme Court rules permit only attorneys to argue a case before the justices, anyone can submit a plea. While the number of so-called pro se petitions is difficult to . . .

Farewell to the Court: A History of Court Departures, Court Report
Feb. 10, 2015

Supreme Court justices are appointed for life; nearly half have died in office, but retirements are the rule these days. Supreme Court reporter Kenneth Jost analyzes how and wh . . .

Tracking the Supreme Court’s Mistakes, Court Report
Nov. 7, 2014

The Supreme Court justices are not perfect. While the Court’s opinions often make headlines, corrections to their opinions almost never do. However, a growing call for mo . . .

The Court's Ideological Blocs, Court Report
Oct. 1, 2014

In the 2013 Term, the Roberts Court handed down a record number of unanimous rulings. While notable, landmark cases dividing along ideological lines are hardly a thing of the p . . .

Camera Shy: The Court's Video Prohibition, Court Report
Apr. 1, 2014

It may surprise many that 2014 marks the first time that the Supreme Court justices have been videotaped while in session. Although the video was taken as part of a campaign finance protest, it has on . . .

Beyond Their Opinions: Justices as Authors, Court Report
Mar. 1, 2014

Supreme Court justices are perhaps best known for the opinions they write. However, a number of justices have penned books outside of their official capacity on the Court. This month, Supreme Court re . . .

Unanimity in a Divided Court, Court Report
Feb. 1, 2014

Although today’s Court is often portrayed as highly divided, unanimous rulings are not that uncommon. In this report Kenneth Jost looks at the frequency and significance of unanimous ru . . .

Following Precedent ... to an Uncertain Result, Court Report
Jan. 1, 2014

Legal precedent is a foundational concept in the U.S. justice system. Supreme Court reporter Kenneth Jost examines the ways in which the justices invoke, and on occasion, ove . . .

The Supreme Court's Friends with Interests, Court Report
Nov. 1, 2013

The Supreme Court's opinions have wide-reaching impacts. Not surprisingly, outside groups have a vested interest in making their voices heard in Court deliberations. Reporter . . .

How Does a Case Get to the Supreme Court?, Court Report
Oct. 1, 2013

Thousands of petitions reach the Supreme Court each year, but the justices hear only a very small percentage of them. Court reporter Kenneth Jost examines the factors that influence the s . . .

About Kenneth Jost, Court Report

Kenneth Jost has covered legal affairs as a reporter, editor, or columnist since 1970 and has contributed to a variety of legal publications. He is the author of the Supreme Court Yearbook . . .

Document Type

See all (58)