Originalism is a controversial legal doctrine that calls for constitutional provisions to be interpreted according to the original intention of the Framers of . . .
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 . . .
The contentious confirmation hearings for Supreme Court nominee Ketanji Brown Jackson from March 21–24, 2022, renewed calls from some Court watchers to . . .
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 . . .
Within the past three years, the Court has departed from standard practice by granting “certiorari before judgment” in more than a dozen cases, a . . .
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 . . .
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 . . .
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 . . .
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 . . .
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& . . .
The Constitution’s two Religion Clauses prohibit Congress from making “any law regarding an establishment of religion” or “to prevent the free . . .
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 . . .
The Constitution provides that the “judicial power” of the United States is “vested in one Supreme Court” and such inferior courts as Congress . . .
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 . . .
Given the Supreme Court's concern about following precedent, it was natural that the Court cited three historical precedents in announcing its stunning decisi . . .
Following an immigration-related federal law suit in early 2020, the debate around nationwide, or universal, injunctions bubbled up with a pointed opinion by . . .
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 . . .
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 . . .
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 . . .
Gay rights advocates have lobbied Congress for more than 40 years to pass a law—the so-called Employment Nondiscrimination Act (ENDA) —to prohibit . . .
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 . . .
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 . . .
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 . . .
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 . . .
The conservative ascendancy on the Supreme Court resulting from President Donald Trump's appointments of Justices Neil Gorsuch and Brett Kavanaugh has prompte . . .
Following Justice Anthony Kennedy’s June 2018 announcement of his retirement, President Donald Trump quickly announced a successor who would solidify th . . .
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 . . .
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 . . .
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– . . .
The Supreme Court’s caseload typically comprises unsettled cases heard in appellate courts, but on occasion, it will hear original jurisdiction cases, m . . .
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 . . .
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 . . .
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 nominations have been rife with partisan contention throughout history, and Neil Gorsuch’s confirmation hearing is shaping up to be no dif . . .
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 . . .
Former associate justice Antonin Scalia took great care in choosing his words and phrases carefully when writing his opinions. Scalia’s writing went wel . . .
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 . . .
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 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 . . .
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 . . .
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 . . .
Shortly after the death of Justice Antonin Scalia, Senator Charles Grassley cited a decades-old precedent in asserting that no replacement should be considere . . .
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. . . .
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 . . .
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 . . .
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 . . .
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 . . .
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 . . .
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 . . .
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 . . .
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 . . .
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 . . .
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 . . .
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 . . .
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 opinions have wide-reaching impacts. Not surprisingly, outside groups have a vested interest in making their voices heard in Court deliberations. Reporter . . .
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 . . .
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 . . .