Latest stories from ISCOTUSnow

22 hours 6 min ago

I’m currently reading Erwin Chemerinsky’s new book, The Case Against the Supreme Court. Chemerinsky is a very persuasive advocate. His writing is clear and accessible, his tone moderate and open. The portrait he paints of the Court is pretty bleak. “The Court has frequently failed, throughout American history, at its most important tasks, at its most important moments,” he writes....

2 days 15 hours ago

There has been much discussion about the Supreme Court’s recent string of highly consequential actions in which the justices have been conspicuously silent about what they are doing. Because of the great lengths the justices go to lay out the precise reasoning of their decisions, they often proudly proclaim the Court as the most transparent of the...

6 days 19 hours ago

With the beginning of the new term at the Supreme Court comes the release of audio from last Term’s opinion announcements, available now on Oyez. In a previous post I discussed last Term’s most notable oral dissent, Justice Sotomayor’s in Schuette v. Coalition to...

1 week 2 days ago

The Supreme Court has finally released—and Oyez has made available—audio recordings of last Term’s opinion announcements. Most of these announcements are summaries of majority opinions, but there are also a few oral dissents. Standard practice on the Supreme Court is for only the author of the opinion of the Court to read a summary of that opinion from the bench. The justices typically do not also summarize...

2 weeks 21 hours ago

On Tuesday, the Supreme Court heard a case involving the North Carolina dental board’s efforts to regulate the market for teeth-whitening services. Why, you may ask, is the nation’s highest court concerning itself with this kind of case? The answer, argues Noah Feldman, is states’...