U.S. Supreme Court Case Commentaries

Insufficient Implementation Time Can Render a Postal Election-Mail Rule Arbitrary and Capricious Under the APA (Stay Denied)

Date: Sep 16, 2026

Insufficient Implementation Time Can Render a Postal Election-Mail Rule Arbitrary and Capricious Under the APA (Stay Denied) 1. Introduction United States Postal Service, et al. v. California, et al....

Offense at Government Design Is Not Article III Injury: Aesthetic Standing Requires More Than Distaste

Date: Sep 3, 2026

Offense at Government Design Is Not Article III Injury: Aesthetic Standing Requires More Than Distaste Introduction National Park Service v. National Trust for Historic Preservation in the United...

Nonbinding Executive Orders, Speculative Implementation, and State Standing: Trump v. California (2026)

Date: Aug 26, 2026

States Lack Standing to Enjoin Nonbinding Executive Orders Absent Concrete Injury, and “Planning Costs” Cannot Create Article III Jurisdiction Case: Trump v. California, 609 U. S. ____ (2026) (per...

Article II Requires At-Will Presidential Removal of FTC Commissioners Exercising Executive Power (Overruling Humphrey’s Executor)

Date: Jul 4, 2026

Article II Requires At-Will Presidential Removal of FTC Commissioners Exercising Executive Power (Overruling Humphrey’s Executor) I. Introduction In Trump v. Slaughter (U.S. Supreme Court, June 29,...

FECA Party Coordinated-Expenditure Limits Unconstitutional; Colorado II Overruled

Date: Jul 4, 2026

FECA’s Political-Party Coordinated-Expenditure Caps Violate the First Amendment (Colorado II Overruled) Case: National Republican Senatorial Committee v. Federal Election Comm'n, 609 U. S. ____...

Trump v. Cook: Statutory Pretermination Process and Judicial Review for For-Cause Removal of Federal Reserve Governors

Date: Jul 4, 2026

Trump v. Cook: Statutory Pretermination Process and Judicial Review for For-Cause Removal of Federal Reserve Governors 1. Introduction Trump v. Cook (U.S. Supreme Court, June 29, 2026) arose from an...

Qualified Immunity Does Not Require Fact-Perfect Precedent for “Obvious” Eighth Amendment Cold-Cell Violations (Sotomayor, J., dissenting)

Date: Jul 4, 2026

Qualified Immunity Does Not Require Fact-Perfect Precedent for “Obvious” Eighth Amendment Cold-Cell Violations (Sotomayor, J., dissenting) Case: Smith v. Kind, 609 U.S. ____ (2026) (Sotomayor, J.,...

Birthright Citizenship for Children of Unlawfully or Temporarily Present Parents Under the Fourteenth Amendment

Date: Jul 4, 2026

Birthright Citizenship for Children of Unlawfully or Temporarily Present Parents Under the Fourteenth Amendment Case: Trump v. Barbara, 609 U. S. ___ (2026) (U.S. Supreme Court, June 30, 2026)....

Fourteenth Amendment Birthright Citizenship Covers Children of Unlawfully or Temporarily Present Parents

Date: Jul 4, 2026

Fourteenth Amendment Birthright Citizenship Covers Children of Unlawfully or Temporarily Present Parents 1. Introduction Trump v. Barbara (U.S. Supreme Court, June 30, 2026) presented a direct...

Chatrie v. United States (2026): Accessing Google Location History via a Geofence Warrant Is a Fourth Amendment “Search”

Date: Jul 4, 2026

Chatrie v. United States (2026): Accessing Google Location History via a Geofence Warrant Is a Fourth Amendment “Search” U.S. Supreme Court (June 29, 2026) — vacated and remanded 1. Introduction...

Title IX and Equal Protection Permit Girls’ and Women’s Sports Teams Defined by Biological Sex (No Required Transgender-Hormone Exception)

Date: Jul 4, 2026

Title IX and Equal Protection Permit Girls’ and Women’s Sports Teams Defined by Biological Sex (No Required Transgender-Hormone Exception) Case: West Virginia et al. v. B. P. J., by her next friend...

Federal Election-Day Statutes Set a Ballot-Casting Deadline, Not a Ballot-Receipt Deadline

Date: Jul 4, 2026

Federal Election-Day Statutes Set a Ballot-Casting Deadline, Not a Ballot-Receipt Deadline I. Introduction Watson v. Republican National Committee (U.S. Supreme Court, June 29, 2026) addresses a...

State-Law Illegality Is Not Automatically “Undue Hardship” Under Title VII: Justice Gorsuch’s Preemption-Based Critique in Doe v. Hochul

Date: Jul 4, 2026

State-Law Illegality Is Not Automatically “Undue Hardship” Under Title VII: Justice Gorsuch’s Preemption-Based Critique in Doe v. Hochul Case: John Doe, et al. v. Kathy Hochul, Governor of New York,...

Mullin v. Al Otro Lado — “Arrives in the United States” Requires Crossing the Border

Date: Jun 27, 2026

New Rule: INA “Arrives in the United States” (8 U. S. C. §§ 1158(a)(1), 1225(a)(1)) Means Physical Entry Across the Border, Not Presence at the Border in Mexico Introduction Mullin v. Al Otro Lado...

Mullin v. Doe (2026): TPS “No Judicial Review” Bars All Non-Constitutional (Including Procedural) Challenges to TPS Terminations

Date: Jun 27, 2026

TPS “No Judicial Review” Means No APA Workarounds: §1254a(b)(5)(A) Bars All Non-Constitutional Challenges to TPS Terminations I. Introduction Mullin v. Doe (consolidated with Trump v. Miot) arose...

EPA-Approved Pesticide Labels as “Requirements” Under FIFRA: Express Preemption of State Failure-to-Warn Cancer Claims

Date: Jun 27, 2026

EPA-Approved Pesticide Labels as “Requirements” Under FIFRA: Express Preemption of State Failure-to-Warn Cancer Claims Case: Monsanto Co. v. Durnell, 609 U. S. ___ (2026) Court: U.S. Supreme Court...

Wolford v. Lopez: States May Not Impose an “Express Consent” Default Ban on Licensed Public Carry on Private Property Open to the Public

Date: Jun 27, 2026

Wolford v. Lopez: States May Not Impose an “Express Consent” Default Ban on Licensed Public Carry on Private Property Open to the Public 1. Introduction Wolford et al. v. Lopez, Attorney General of...

Spending Clause Statutes Cannot Impose Individual-Capacity Liability Without Voluntary and Knowing Consent

Date: Jun 26, 2026

Spending Clause Statutes Cannot Impose Individual-Capacity Liability Without Voluntary and Knowing Consent Case: Landor v. Louisiana Dept of Corrections and Public Safety (U.S. Supreme Court, June...

Cisco Systems, Inc. v. Doe (2026): ATS “Door Closed” to Judicially Created Causes of Action; TVPA Does Not Imply Aiding-and-Abetting Liability

Date: Jun 25, 2026

ATS “Door Closed” to Judicially Created Causes of Action; TVPA Does Not Imply Aiding-and-Abetting Liability Introduction Cisco Systems, Inc. v. Doe (U.S. Supreme Court, June 23, 2026) arose from...

Pung v. Isabella County (2026): Auction-Price Baseline for Just Compensation in Fairly Conducted Tax Sales; No Excessive-Fines Right to Fair Market Value

Date: Jun 25, 2026

Auction-Price Baseline for Just Compensation in Fairly Conducted Tax Sales (and No Eighth Amendment “Fair Market Value” Requirement) 1) Introduction Case: Pung, Personal Representative of the Estate...