Lyle Denniston

Jul 5 2018

New threat to DACA: Trump victory on entry ban

A federal judge in Texas has given the Trump Administration a chance to apply its victory last week in the Supreme Court against foreigners’ entry into the U.S. as a new reason to end the DACA program. DACA stands for Delayed Action for Childhood Arrivals. The Administration has been trying since last September to abolish… Read More

Jun 27 2018

Justice Kennedy retires; historic shift at the Court

Ending an era, and almost certainly guaranteeing strong conservative control of the Supreme Court, Justice Anthony M. Kennedy, 81, retired on Wednesday afternoon, hours after the tribunal had finished a momentous term.  His retirement takes effect at the end of the month, giving President Truman and the Republican-controlled Senate more than enough time to find… Read More

Jun 26 2018

Family separation: a constitutional fight, too

The political and human rights controversy over the Trump Administration policy of family separation as a form of immigration control is also now moving into a quieter venue – into court, as a constitutional fight.  Two new lawsuits have just been filed, seeking court orders to promptly reunite thousands of children with their parents. The… Read More

Jun 26 2018

Trump wins on foreigners’ entry

In a sweeping endorsement of presidential power over who may enter the United States and a huge political victory for President Trump, a deeply divided Supreme Court on Tuesday upheld his order barring most foreign travelers from five Mideast nations with mostly Muslim populations. “The admission and exclusion of foreign nationals is a fundamental sovereign… Read More

Jun 25 2018

No new guidance on gay marriage, gerrymanders

Choosing – for now – to go to the sidelines on two highly controversial constitutional issues, the Supreme Court on Monday turned aside cases that could have given lower courts some new guidance on the rights of married gay couples and on the validity of partisan gerrymandering. In brief orders, the Court sent the cases… Read More

Jun 9 2018

New Supreme Court test coming on DACA?

The Trump Administration, frustrated that lower courts have blocked it from ending a six-year-old program protecting young undocumented immigrants from deportation and that the Supreme Court has so far not come to its aid, has now laid out a new plan that could put the issue back before the Justices in a matter of weeks. … Read More

Jun 7 2018

Sweeping new Trump challenge to “Obamacare”

For the first time, the Trump Administration moved on Thursday to challenge the constitutionality of the key section of the Affordable Care Act (“Obamacare”) that required most Americans to buy health insurance or pay a financial penalty as part of their taxes.  The so-called individual insurance mandate is beyond Congress’s power, the new filing argued,… Read More

Jun 5 2018

Limited start on gay couples’ marital rights

Three years after finding a constitutional right for gay and lesbian couples to get married, the Supreme Court chose on Monday to take a cautious path in spelling out how much protection their marital choice will get from government.  In a 7-2 ruling in a high-profile wedding cake case from Colorado, the Justices chose to… Read More

Jun 4 2018

Legal battle over teen abortion goes on

Overtaken by changing developments in lower courts, the Supreme Court acted narrowly on Monday o end one of the challenges to the Trump Administration policy of refusing to allow abortions for undocumented teenagers being held in official detention centers after entering the country illegally.  In a five-page, unsigned opinion, the Court said the initial test… Read More

May 16 2018

A new test of Roe v. Wade

A new lawsuit in defense of women’s right to an abortion landed in a state trial court in Des Moines, Iowa, this week, and everyone involved already has a good idea of how it will come out in Iowa’s courts. But that’s not the point. What counts more is what happens to the case if… Read More

Lyle Denniston continues to write about the U.S. Supreme Court, although he “retired” at the end of 2019 following more than six decades on that news beat. He was there for three revolutions – civil rights, women’s rights, and gay rights – and the start of a fourth, on transgender rights. His career of following the law began at the Otoe County Courthouse in his hometown, Nebraska City, Nebraska, in the fall of 1948. His online, eight-week, college-level course – “The Supreme Court and American Politics” – is available from the University of Baltimore Law School, and it is free.

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