Lyle Denniston

Nov 5 2023

When can the government be sued?

On Monday, the Supreme Court will face a basic constitutional dilemma: how does it reconcile two long-standing legal principles, neither of which is actually mentioned in the Constitution but are treated as if they were?  That will be examined in a single hearing on a controversy over consumers’ credit status. Tomorrow’s hearing:  U.S. Department of… Read More

Oct 31 2023

The Court and a Trump T-shirt

The Supreme Court will be on the bench Wednesday for a single hearing, focusing on a Californian’s plea for the right to get trademark protection for a T-shirt that is unflattering toward former President Donald Trump.  It is a dispute left over from one of the less-edifying moments of the Republican fight for the presidential… Read More

Oct 30 2023

The Court and social media access

Tomorrow, the Supreme Court explores a lively constitutional question about public officials’ right to block critics or unwanted contacts from access to those officials’ social media pages.  The outcome of the case could have major implications for how the Internet’s content is controlled. Tuesday hearings: O’Connor-Ratcliff v. Garnier, starting at 10 a.m., followed by Lindke… Read More

Oct 29 2023

The Court and the right to property

The Supreme Court resumes its hearings tomorrow, with a single case on property rights – specifically, the limits on the government’s power to take property as a form of punishment. Monday’s hearing:  Culley v. Marshall  Starting at 10 a.m., the hearing is scheduled for one hour. The Court will broadcast “live” the audio (no video)… Read More

Oct 10 2023

A new look at racial gerrymanders

The Supreme Court, in a single hearing on Wednesday, will make a new effort to sort out when state legislatures may rely on race in drawing new election districts for the U.S. House of Representatives.  This case from South Carolina could affect Democrats’ chances of controlling the House in 2025. Tomorrow’s hearing:  Alexander v. South… Read More

Oct 9 2023

At the Court Tuesday: two legal puzzles

After a legal holiday on Monday, the Supreme Court returns to the bench tomorrow for two complex but fascinating hearings.  The first will examine the ancient tradition of “whistleblowing,” in a case testing the rights of employees who get fired after exposing misdeeds by companies in the securities industry.  The second involves a decades-long conflict… Read More

Oct 3 2023

Back to constitutional basics

The Supreme Court on Wednesday takes up, again, an issue as old as the Constitution: who is allowed to file a lawsuit in federal courts?  There are limits, and they are not always easy to satisfy. Tomorrow’s hearing: Acheson Hotels v. Laufer  Beginning at 10 a.m., the hearing is scheduled for one hour. The Court… Read More

Oct 2 2023

At the Court: Congress and the power to spend

On Tuesday, the Supreme Court takes up a rare constitutional test of one of Congress’s most basic powers: its control over government spending.  Only once before in the nation’s history has the Court faced a case like this one; the outcome this time could affect much of the federal budget. Tomorrow’s hearing: :  Consumer Financial… Read More

Oct 1 2023

Tomorrow, new Supreme Court begins

On Monday, the Supreme Court begins a new term; it almost certainly will be a momentous one.  But opening day will seem a lot like a game of legal trivia: the first hearing will focus on the meaning of the word “and.”  As always with the Court, there is a larger meaning in that case…. Read More

Sep 26 2023

Court acts on Alabama voting map

With no Justice filing a dissent, the Supreme Court on Tuesday cleared the way for a lower federal court to draw a new election map that probably will assure Alabama’s black voters a chance to elect a second member of the U.S. House of Representatives next year. Since 1992, they have had only one House… 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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