On Wednesday, the Supreme Court turns once again to the age-old question of how government can – or should – make allowances for mistakes people make in fulfilling their legal duties. The case being heard turns on when the federal government can relax a formal legal deadline. Specifically, the case is about a tax deadline,… Read More
The Court and the rights of non-citizens
On Tuesday, the Supreme Court will once again attempt to find its way through the bewildering maze that is immigration law, with a new look at the lingering issue of the federal government’s power to keep non-citizens in detention while they await being deported. The two cases to be heard tomorrow unfold against a broad… Read More
The Court and the healthcare puzzle
On Monday, the Supreme Court – back on its regular schedule — returns to the very complex task of trying to make sense of the widely varied and sometimes conflicting parts of the nation’s healthcare system. The task has always been harder because of America’s century-old fear of “socialized medicine.” That fear has led the… Read More
The Court and the “vaccination wars”
Tomorrow, the Supreme Court returns early from its holiday recess to confront a controversy that may well rank as one of the most important in modern constitutional history. But it will be doing so by a peculiar and rushed procedure, one that it very seldom uses. In the two hours of scheduled hearings Friday morning,… Read More
Supreme Court and Donald Trump — again
Almost a year out of office but still trying to push the outer limits of the Constitution, former President Donald Trump is back at the Supreme Court for another try. This time, he is attempting to claim a part of a presidential prerogative that President Joe Biden now holds. It is a “privilege” that goes… Read More
Texas abortion ban: UPDATE
Acting speedily, Texas state officials asked a federal appeals court on Thursday to hand over to the Texas Supreme Court a new plea to stop clinics from challenging that state’s strict new abortion ban (so-called “SB8”). The officials acted without waiting for that case to formally return from the Supreme Court to the U.S. Court… Read More
New threat to abortion in Texas?
Four days after the Supreme Court left abortion clinics and doctors in Texas with only a narrow way to challenge that state’s restrictive abortion ban in the federal courts, four state officials have made plans to try to block that path. In a filing made public Tuesday by the Supreme Court, the officials whose duties… Read More
Mixed, splintered rulings on abortion
Leaving unsettled a pregnant woman’s constitutional right to an abortion, the Supreme Court on Friday allowed Texas to continue for now to enforce the strictest ban in the nation but cleared the way for a variety of new court challenges to it. While the Justices split in at least a half-dozen different ways, the overall… Read More
Part of Texas abortion law nullified
A Texas state judge, relying mainly on state law, on Wednesday struck down the never-before-attempted method that Texas chose for enforcing an abortion law that is the strictest in the nation – a law that is now being reviewed by the U.S. Supreme Court. A ruling by the Justices in Washington could come at any… Read More
Can Congress check the courts?
The Supreme Court this morning returns to the long-running controversy over the power of federal courts to act as a check on how state courts handle criminal trials, and Congress’s power to limit that checking function. This will be the final hearing of the current sitting, and thus the last of 2021. (The opening hearing… Read More