Lyle Denniston

May 24 2021

New plea for D.C. statehood

A group of constitutional scholars (39 in all) has written to Congress to answer the claims that it would be unconstitutional for Congress to make the District of Columbia the 51st state, unless that is done by constitutional amendment.   It argued that Congress could do so constitutionally by passing a simple law, as was… Read More

May 20 2021

Trump’s legal troubles, explained

Scandals have surrounded many presidents throughout American history, but no one who has occupied that office has ever been in as serious trouble with the law as Donald Trump could be now.  Three investigations of potential crimes are now moving ahead, two in New York and one in Georgia, and there is a real possibility… Read More

May 17 2021

Is Roe v. Wade in jeopardy?

The moment that opponents of abortion have been awaiting for nearly five decades may have arrived at the Supreme Court this morning.  The Justices announced that they will decide a Mississippi case that could lead to the end of abortion as a constitutional right, or at least could allow the most stringent restriction so far… Read More

May 8 2021

A topless beach ban and the Constitution

Americans seem to be getting more comfortable in public discussions of nudity or partial nudity, and many could be ready to accept more of it in public places.  It is a serious topic, especially when it involves constitutional demands to treat the sexes equally when government writes laws to control how much public nudity will… Read More

May 5 2021

Trump and Facebook: What just happened

In a move that might postpone the day when the federal government moves in to try to stop abuses of America’s social media, Facebook’s internal review board ruled on Wednesday that its management properly blacked out President Trump, but the board said that the ban should not have been made indefinite. The decision, a historic… Read More

May 3 2021

Cocaine, racial justice and the Court

On Tuesday, the Supreme Court will hold the final hearing of the current term.  After that, the next scheduled hearing will be on October 4, on opening day of a new term.  The case on Tuesday could fit into the tense debate America is now having with itself over racial inequality in the criminal justice… Read More

Apr 28 2021

A rare look at the Eleventh Amendment? Maybe

Today, the Supreme Court ends its last two-week hearing session of the current term.  There are two cases set for today; this dispatch deals with the second one, possibly leading to an examination of states’ rights under the Constitution’s Eleventh Amendment.  The first case, on the free-speech rights of public school students, was discussed in… Read More

Apr 27 2021

Students’ rights, states’ rights

On Wednesday, the Supreme Court will finish its current round of hearings with a provocative case on the rights of public school students, and a second case involving a rare examination of the meaning of the Constitution’s Eleventh Amendment. This dispatch will deal with the school case; another dispatch will appear early Wednesday on the… Read More

Apr 26 2021

Why will the Supreme Court hear a case?

On Tuesday, the Supreme Court’s hearings-by-telephone will be on two cases that appear to be narrow as well as technical in scope. Rather than spend considerable effort on explaining them, this essay will use them as a basis for exploring the Court’s case-selection process – that is, what makes a case qualify for the rarity… Read More

Apr 25 2021

In Court Monday: donor privacy, and toxic waste

Continuing its remote, hearings-by-telephone, the Supreme Court on Monday will be focusing on the privacy of people who support advocacy groups, and, separately, on who must pay to clean up toxic waste dumps. The audio portions (but not the video) of the hearings will be broadcast on cspan.org/supremecourt First case, starting at 10 a.m.: Americans… 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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