Lyle Denniston

May 9 2024

Drug price cuts: winning in court

The deep cuts in drug prices that Congress ordered two years ago are surviving — so far — a massive constitutional challenge in the courts by major pharmaceutical companies.  This is the latest chapter in the long history, going back at least to the early 1900s, of big business rebelling against the rise of big… Read More

Apr 25 2024

Analysis: Compromise on Trump immunity?

Ex-President Donald Trump is very likely to be put on trial for charges related to the January 2021 attack on the Capitol, but the most important questions are: when and how? That appeared to be the bottom line of the 2-hour, 40-minute hearing the Justices held Thursday in the historic case of Trump v. United… Read More

Apr 24 2024

Is Trump immune to prosecution?

A dominant theme of Donald Trump’s 2024 presidential campaign has been that the many criminal charges against him are only attempts to interfere with his election.  His strategy to overcome that has been to pursue an unprecedented claim: that he is constitutionally immune to all charges. That is both a political maneuver, portraying the charges… Read More

Apr 23 2024

The Court, abortion and emergencies

On Wednesday, the Supreme Court looks at a new and serious conflict arising out of the loss of the constitutional right to abortion.  The hearing will test whether a 38-year-old federal law can be used to block state laws that ban or strictly limit abortion – at least when a pregnant woman’s health becomes an… Read More

Apr 21 2024

The Constitution and homeless people

Anatole France, a celebrated man of letters, was a master of irony and satire.   One of his best-known lines: “In its majestic equality, the law forbids the rich and poor alike to sleep under bridges, beg in the streets and steal loaves of bread.”  That could be the introduction to a Supreme Court hearing on… Read More

Apr 15 2024

The Court and the attack on the Capitol

Joseph Fischer, a political follower of Donald Trump, made two choices on January 6, 2021.  He had a constitutional right to make the first one.  The second one, however, may put him in prison.  On Tuesday, the Supreme Court takes up his case. This hearing will be historic for two reasons.  First, the Court will… Read More

Mar 25 2024

Another crisis for women’s health?

Almost two years after ending a constitutional right to abortion, the Supreme Court returns to that intense controversy on Tuesday, exploring this question: will women still have full access to the most common method for safely ending a pregnancy – the “abortion pill”?   The Court will also examine the power of the courts to decide… Read More

Mar 24 2024

Are tribal rights facing new peril?

For two centuries, America’s Native American tribes have had a legal right to rely upon the federal government for broad support, though they have often had to accept with that the insult of being thought of as savages.  The great Chief Justice John Marshall, who first gave the tribes significant legal protection in the 1820s… Read More

Mar 17 2024

When government speaks…

The Constitution’s guarantee of free speech is for the people; government does not share that First Amendment right.  But government, to operate, must speak.  On Monday, the Supreme Court tries, in two hearings, to clarify the sometimes-hazy line between official speech that seeks to inform or persuade, and official compulsion or censorship of others’ speech…. Read More

Mar 7 2024

Will Mar-a-Lago case be ended?

The federal judge overseeing the criminal case accusing former President Donald Trump of taking and refusing to return highly sensitive classified documents is giving serious thought to ending the case altogether, she indicated on Wednesday. U.S. District Judge Aileen M. Cannon of Fort Pierce, Fla., issued a brief order saying that two legal briefs broadly… 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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