NOTE TO READERS: Much of the public’s interest in the Supreme Court this week will be focused on the historic hearing on Wednesday on abortion rights. However, the Court will hear other cases earlier in the week. The discussion below looks at two of those cases, putting them in a broader context of how law… Read More
The abortion rights reckoning
(NOTE TO READERS: This is the final of three articles about the Mississippi abortion case set for a hearing in the Supreme Court on December 1. This discussion is about the details of that case – the issues and how they developed. In the prior two articles, the focus was first on the process of… Read More
Clara Botsford, history and the right of privacy
(NOTE TO READERS: This is the second of three articles seeking to set the stage for next week’s historic Supreme Court hearing on abortion rights. The discussion here recounts how a “right of privacy” became a constitutional right to an abortion. The third article in this series will appear in this space tomorrow; it will… Read More
When and how does the Supreme Court change its mind?
NOTE TO READERS: This is the first of three articles on the Supreme Court’s potentially momentous hearing next week on the future of abortion rights under Roe v. Wade. This discussion focuses on when and how the Court decides whether to overrule a prior constitutional ruling. The second article, to appear in this space tomorrow,… Read More
Another path to Puerto Rico statehood?
It almost certainly is a long shot, but another way to push for Puerto Rico statehood seemed to emerge as a potentiality in the Supreme Court yesterday. It would require a bit of constitutional wizardry to make that real. (But, isn’t that the way we got a personal right to a gun under the Second… Read More
Billboards and the First Amendment
The Supreme Court on Wednesday holds a single hearing, an appeal by the city of Austin, Texas, seeking to revive a local law restricting billboard advertising. The case, though, could have a wider meaning as the courts deal with new technologies under the First Amendment. The “live” audio (without video) can be heard at Quick… Read More
Oral argument: more than 60 minutes in an hour?
It used to be said of William Rehnquist when he was Chief Justice that he would cut off a lawyer in mid-syllable if that was necessary to enforce the Supreme Court’s time limits at its hearings. The Supreme Court is now demonstrating, over and over, that time limits don’t really mean that much anymore. That… Read More
Puerto Rico and the Constitution
On Tuesday, the Supreme Court will hear an appeal by the federal government in a case with major potential for a new look at how Congress treats the nation’s territories – especially, Puerto Rico. In a second hearing, it will examine the restrictions that states may put on religious counselors who sit with a Death… Read More
Protecting state secrets — again
The Supreme Court on Monday explores, for the second time in the current term, the government’s power to prevent disclosure of “state secrets.” In a second hearing, the Justices will examine when the holder of a copyright on an original creation can lose its official recognition by the federal government. The “live” audio of the… Read More
An end to a gun rights mystery?
On Wednesday, the Supreme Court will hold only one hearing, in a historic case that might settle a lingering constitutional mystery about gun rights. The hearing is scheduled for 70 minutes but probably will run longer. The live audio can be heard at the Quick Links on the Court’s homepage – supremecourt.gov – and on… Read More