Lyle Denniston

Apr 9 2021

Biden sets study of Supreme Court

In a move of potentially profound historic importance, President Biden on Friday set up a 36-member commission to study the U.S. Supreme Court’s past and its potential future.  The key function assigned to the new body will be to discuss the pros and cons of changes now being discussed in public and academic debate –… Read More

Mar 30 2021

College athletes and the pay question

On Wednesday, the Supreme Court finishes its current set of hearings with a close look at how the law governs college sports – specifically, whether it is illegal to deny compensation of almost any kind to student athletes. The Court has combined two appeals for one hour of hearing; the Chief Justice has the authority… Read More

Mar 28 2021

“Class action”: What’s it about?

It is a basic assumption of the posts on this site that any case before the Supreme Court can be made interesting, in some way, to non-lawyer readers. Sometimes, if the core issue is highly technical, it is harder to find that way. That’s the premise of this report on the cases being heard by… Read More

Mar 26 2021

The “shadow docket”: Why it’s a problem

Among the circle of people outside the Supreme Court but closest to it – the lawyers who practice there and the professors who study it – there is much talk and a lot of criticism these days of the problem of what they call the “shadow docket.”  That is the Court’s choice, increasing in frequency… Read More

Mar 23 2021

The police and domestic disputes

On Wednesday, the Supreme Court will once again turn to the question of privacy of the home, this time examining the role of police in dealing with domestic violence.  The hearing will be remote, via telephone.  As usual, the audio portion will be broadcast on c-span.org/supreme court Hearing scheduled for one hour, to start at… Read More

Mar 22 2021

How sovereign are Indian tribes?

Continuing its remote hearings, via telephone, the Supreme Court tomorrow looks into the power of Indian tribes to make arrests of non-Indian suspects on roads or streets within the reservation.  As usual, the audio portion of the hearing (but not the video) will be broadcast on c-span.org/supreme court Hearing starts at 10 a.m., and will… Read More

Mar 21 2021

The Constitution and unwanted visitors

The Supreme Court resumes public hearings tomorrow, still using a remote process with everyone on the telephone because of the public health threat.  (Cases to be heard in the April sitting will also follow that format, the Court has announced.)  The first case for argument this week involves one of the longest-running constitutional fights but… Read More

Mar 18 2021

Once more, a new start on ERA

In July, two years from now, America will mark a poignant anniversary – a full 100 years since women’s rights activist Alice Paul first put forth the idea that women should have equal rights enshrined in the Constitution.  Supporters have been trying ever since to make that a constitutional reality, and the U.S. House of… Read More

Mar 8 2021

The quiet storm inside the Court

It won’t make it into the daily headlines, but it will be deeply important in the annals of history.  That is the quiet but intense debate among the Supreme Court Justices over how far the Court should go in using its powers.  The storm broke out again on Monday, as the Court ruled in a… Read More

Mar 2 2021

The Appointments Clause — Again

For the second time this week, the Supreme Court on Wednesday will examine how government officials are to be appointed.  The case involves a different kind of judge than the ones involved in Monday’s hearing.  As usual, the audio portion (but not the video) will be available at c-span.org/supremecourt Hearing starts at 10 a.m.: Carr… 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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