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  • Commentaries
  • Judgments

U.S. Supreme Court Case Commentaries

Abbott v. LULAC: Elevating the Presumption of Legislative Good Faith and the Alternative‑Map Requirement in Racial Gerrymandering Cases

Abbott v. LULAC: Elevating the Presumption of Legislative Good Faith and the Alternative‑Map Requirement in Racial Gerrymandering Cases

Date: Dec 6, 2025
Abbott v. League of United Latin American Citizens (Abbott v. LULAC): Elevating the Presumption of Legislative Good Faith and the Alternative‑Map Requirement in Racial Gerrymandering Cases I....
Pitts v. Mississippi: Reaffirming Case-Specific Necessity Before Shielding Child Witnesses

Pitts v. Mississippi: Reaffirming Case-Specific Necessity Before Shielding Child Witnesses

Date: Nov 30, 2025
Pitts v. Mississippi: Reaffirming Case-Specific Necessity Before Shielding Child Witnesses from Face-to-Face Confrontation I. Introduction In Pitts v. Mississippi, 607 U.S. ___ (2025), the U.S....
Beck v. United States and the “Enhanced Force” of Statutory Stare Decisis in the Shadow of the Feres Doctrine

Beck v. United States and the “Enhanced Force” of Statutory Stare Decisis in the Shadow of the Feres Doctrine

Date: Nov 30, 2025
Beck v. United States and the “Enhanced Force” of Statutory Stare Decisis in the Shadow of the Feres Doctrine I. Introduction Beck v. United States, 607 U.S. ___ (2025), arises out of a tragic...
No Plenary Power Without Constitutional Warrant: Justice Gorsuch’s Dissent in Veneno v. United States

No Plenary Power Without Constitutional Warrant: Justice Gorsuch’s Dissent in Veneno v. United States

Date: Nov 11, 2025
No Plenary Power Without Constitutional Warrant: Justice Gorsuch’s Dissent in Veneno v. United States Introduction In Veneno v. United States, 607 U.S. ___ (2025), the Supreme Court denied a petition...
Attestation, Not Discrimination: Sex-at-Birth Markers on Passports and Irreparable-Harm Presumptions in Trump v. Orr

Attestation, Not Discrimination: Sex-at-Birth Markers on Passports and Irreparable-Harm Presumptions in Trump v. Orr

Date: Nov 8, 2025
Attestation, Not Discrimination: Sex-at-Birth Markers on Passports and Irreparable-Harm Presumptions in Trump v. Orr Introduction In Trump v. Orr, No. 25A319 (U.S. Nov. 6, 2025), the Supreme Court...
Superadded Psychological Torment Counts: Justice Sotomayor’s Dissent in Boyd v. Hamm and the Future of Nitrogen Hypoxia Under the Eighth Amendment

Superadded Psychological Torment Counts: Justice Sotomayor’s Dissent in Boyd v. Hamm and the Future of Nitrogen Hypoxia Under the Eighth Amendment

Date: Oct 25, 2025
Superadded Psychological Torment Counts: Justice Sotomayor’s Dissent in Boyd v. Hamm and the Future of Nitrogen Hypoxia Under the Eighth Amendment Case: Boyd v. Hamm, 607 U.S. ___ (2025), No. 25A457...
Recognizing “Superadded” Psychological Torment Under the Eighth Amendment: Justice Sotomayor’s Dissent in Boyd v. Hamm

Recognizing “Superadded” Psychological Torment Under the Eighth Amendment: Justice Sotomayor’s Dissent in Boyd v. Hamm

Date: Oct 24, 2025
Recognizing “Superadded” Psychological Torment Under the Eighth Amendment: Justice Sotomayor’s Dissent in Boyd v. Hamm Introduction This commentary examines the U.S. Supreme Court’s denial of a stay...
Crawford v. Mississippi: Supreme Court Declines to Resolve Retroactivity of McCoy v. Louisiana; Sotomayor Dissent Urges Retroactive Application on Collateral Review

Crawford v. Mississippi: Supreme Court Declines to Resolve Retroactivity of McCoy v. Louisiana; Sotomayor Dissent Urges Retroactive Application on Collateral Review

Date: Oct 17, 2025
Crawford v. Mississippi: Supreme Court Declines to Resolve Retroactivity of McCoy v. Louisiana; Sotomayor Dissent Urges Retroactive Application on Collateral Review Introduction In Crawford v....
Humphreys v. Emmons: A Blueprint for an “Extreme Juror Misconduct” Exception to the No‑Impeachment Rule and a Clarification that AEDPA Deference Does Not Govern the Federal Cause‑and‑Prejudice Inquiry

Humphreys v. Emmons: A Blueprint for an “Extreme Juror Misconduct” Exception to the No‑Impeachment Rule and a Clarification that AEDPA Deference Does Not Govern the Federal Cause‑and‑Prejudice Inquiry

Date: Oct 16, 2025
Humphreys v. Emmons: A Blueprint for an “Extreme Juror Misconduct” Exception to the No‑Impeachment Rule and a Clarification that AEDPA Deference Does Not Govern the Federal Cause‑and‑Prejudice...

        Trump v. AFGE (2025):  The Supreme Court Creates a 
        Presumptive Deference to Executive-Branch Reorganization Orders 
        at the Stay Stage

Trump v. AFGE (2025): The Supreme Court Creates a Presumptive Deference to Executive-Branch Reorganization Orders at the Stay Stage

Date: Jul 10, 2025
Trump v. American Federation of Government Employees, 606 U.S. ___ (2025): Presumptive Deference to Executive Reorganization Orders When Considering Emergency Stays 1. Introduction The Supreme...
“Stay-Power Supremacy”: The Supreme Court Holds that a Stay of an Injunction Extinguishes All Contempt-Based Remedies – Commentary on DHS v. D.V.D., 606 U.S. ___ (2025)

“Stay-Power Supremacy”: The Supreme Court Holds that a Stay of an Injunction Extinguishes All Contempt-Based Remedies – Commentary on DHS v. D.V.D., 606 U.S. ___ (2025)

Date: Jul 5, 2025
“Stay-Power Supremacy”: The Supreme Court Holds that a Stay of an Injunction Extinguishes All Contempt-Based Remedies Commentary on Department of Homeland Security v. D.V.D., 606 U.S. ___ (2025)...
“Sequential-Instruction Due-Process Clause Conflicts”: Commentary on Black v. Tennessee (606 U.S. ___-2025)

“Sequential-Instruction Due-Process Clause Conflicts”: Commentary on Black v. Tennessee (606 U.S. ___-2025)

Date: Jul 3, 2025
“Sequential-Instruction Due-Process Clause Conflicts” Comprehensive Commentary on Black v. Tennessee, 606 U.S. ___ (2025) Introduction On 30 June 2025 the Supreme Court of the United States denied...
“Disruption” Cannot Trump Viewpoint Neutrality: A Commentary on Justice Thomas’s Statement in MacRae v. Mattos (2025)

“Disruption” Cannot Trump Viewpoint Neutrality: A Commentary on Justice Thomas’s Statement in MacRae v. Mattos (2025)

Date: Jul 3, 2025
“Disruption” Cannot Trump Viewpoint Neutrality: A Commentary on Justice Thomas’s Statement in MacRae v. Mattos (606 U.S. ___ (2025)) 1. Introduction In MacRae v. Mattos, the Supreme Court declined to...
Constitutional Supremacy and the Court’s Mandatory Jurisdiction: A Commentary on Louisiana v. Callais (2025)

Constitutional Supremacy and the Court’s Mandatory Jurisdiction: A Commentary on Louisiana v. Callais (2025)

Date: Jun 30, 2025
Constitutional Supremacy and the Court’s Mandatory Jurisdiction: A Commentary on Louisiana v. Callais (606 U.S. ___ (2025)) 1. Introduction Louisiana v. Callais is the latest chapter in the...
“Qualitative Sufficiency” as an Intelligible Principle: A Detailed Commentary on FCC v. Consumers’ Research (2025)

“Qualitative Sufficiency” as an Intelligible Principle: A Detailed Commentary on FCC v. Consumers’ Research (2025)

Date: Jun 30, 2025
“Qualitative Sufficiency” as an Intelligible Principle: A Comprehensive Commentary on FCC v. Consumers’ Research, 606 U.S. ___ (2025) 1. Introduction For nearly three decades the Federal...
From “Strict” to “Intermediate”: Free Speech Coalition v. Paxton and the New Standard for Online Age-Verification Laws

From “Strict” to “Intermediate”: Free Speech Coalition v. Paxton and the New Standard for Online Age-Verification Laws

Date: Jun 30, 2025
From “Strict” to “Intermediate”: Free Speech Coalition, Inc. v. Paxton and the New Standard for Online Age-Verification Laws 1. Introduction In Free Speech Coalition, Inc. v. Paxton, No. 23-1122...
“Convene-and-Transfer” Doctrine: Kennedy v. Braidwood Management Clarifies Inferior-Officer Status and Two-Step Vesting Under the Appointments Clause

“Convene-and-Transfer” Doctrine: Kennedy v. Braidwood Management Clarifies Inferior-Officer Status and Two-Step Vesting Under the Appointments Clause

Date: Jun 30, 2025
“Convene-and-Transfer” Doctrine: Kennedy v. Braidwood Management Clarifies Inferior-Officer Status and Two-Step Vesting Under the Appointments Clause 1. Introduction Kennedy v. Braidwood Management,...
Mahmoud v. Taylor (2025): The New Constitutional Right to Religious Opt-Outs from Public-School Instruction

Mahmoud v. Taylor (2025): The New Constitutional Right to Religious Opt-Outs from Public-School Instruction

Date: Jun 30, 2025
Mahmoud v. Taylor: The U.S. Supreme Court Recognizes a Parental Free-Exercise Right to Opt Children Out of Public-School Lessons 1. Introduction Mahmoud v. Taylor, 606 U.S. ___ (2025), is the Supreme...
Trump v. CASA, Inc.: The Demise of the “Universal Injunction” and the Re-drawn Limits of Federal Equitable Power

Trump v. CASA, Inc.: The Demise of the “Universal Injunction” and the Re-drawn Limits of Federal Equitable Power

Date: Jun 30, 2025
Trump v. CASA, Inc. The Supreme Court Abolishes the Universal Injunction 1. Introduction In Trump v. CASA, Inc., 606 U.S. ___ (2025), the U.S. Supreme Court issued what is likely to become the...
“Removing One Barrier Is Redress Enough” – Gutierrez v. Saenz and the Supreme Court’s Refined Doctrine of Standing in Post-Conviction DNA-Testing Litigation

“Removing One Barrier Is Redress Enough” – Gutierrez v. Saenz and the Supreme Court’s Refined Doctrine of Standing in Post-Conviction DNA-Testing Litigation

Date: Jun 30, 2025
“Removing One Barrier Is Redress Enough” – Gutierrez v. Saenz and the Supreme Court’s Refined Doctrine of Standing in Post-Conviction DNA-Testing Litigation I. Introduction On 26 June 2025 the U.S....
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