Chemerinsky: ‘Sleeper’ case before the Supreme Court could have major implications for administrative law

If I had to pick a case as the potential “sleeper” of the term—a case which is not getting a great deal of attention but that could have a huge impact—I’d select Securities and Exchange Commission v. Jarkesy, scheduled for argument Nov. 29.

Nov 29, 2023 8:07 AM CST

Chemerinsky: Supreme Court once again will consider the scope of gun rights

On Nov. 7, the Supreme Court will hear oral arguments in United States v. Rahimi. It is an enormously important case about the scope of Second Amendment rights and also about how the Roberts Court is approaching interpreting the Constitution.

Nov 1, 2023 1:44 PM CDT

Chemerinsky: Big cases in administrative law, gun rights and social media are scheduled for October term

We are in the midst of dramatic changes in many areas of constitutional law. Thirty years ago, I wrote the first edition of a constitutional law casebook. I have just completed the seventh edition, and never has so much changed from the prior edition or since I began writing the book.

Sep 27, 2023 10:21 AM CDT

Chemerinsky: These recent Supreme Court decisions have sparked a wave of litigation

The U.S. Supreme Court’s October 2022 term ended just a couple of months ago, but it’s already apparent that the decisions are leading to a great deal of litigation. What are the major issues left open by the cases that are likely to be litigated in state and federal courts?

Aug 30, 2023 8:17 AM CDT

Chemerinsky: Supreme Court rulings on labor and employment law leave many unanswered questions

Although they did not receive the headlines of the most high-profile decisions of the October Term 2022, the U.S. Supreme Court decided two important cases concerning the law of the workplace. One involved the duty of employers to accommodate employees’ religious beliefs and practices. The other concerned when a union can be held liable for the economic consequences of a strike. Each is likely to engender a great deal of litigation.

Aug 1, 2023 3:00 PM CDT

Chemerinsky: Supreme Court once again moves the law significantly to the right

In the last days of the October Term 2022, the court, in a series of 6-3 decisions, moved the law significantly to the right. But unlike the prior term, there also were some significant surprises from the conservative court.

Jul 13, 2023 1:45 PM CDT

Chemerinsky: SCOTUS ruling on Indian Child Welfare Act is win for Native Americans, but key issues remain unresolved

The United States has a long and despicable history of removing Native American children from their families. As Justice Neil Gorsuch observed, “there was mass removal of Indian children from their families during the 1950s, 1960s and 1970s by state officials and private parties.” This horrific practice actually began almost 150 years ago.

Jul 5, 2023 11:08 AM CDT

Chemerinsky: Social media and internet companies likely face more free speech challenges at the Supreme Court

Sometimes there is great significance in what the U.S Supreme Court doesn’t do, and that was definitely so for two cases it handed down May 18 about the internet and social media.

Jun 6, 2023 8:57 AM CDT

Chemerinsky: Expect momentous decisions from the Supreme Court as term ends

Unless there is an emergency matter to be heard, the U.S. Supreme Court completed oral arguments for the October 2022 term April 26. The court is expected to hand down decisions by the end of June in all of the argued cases, with a flurry of decisions in the most high-profile cases expected at the very end. What are likely to be the most important rulings from the October 2022 term?

Apr 27, 2023 8:51 AM CDT

Chemerinsky: Oral arguments conclude with important free speech, civil rights cases

This month, the U.S. Supreme Court will conclude oral arguments for the October 2022 term. Two of the cases to be heard, one constitutional and one statutory, seem particularly important. They concern the First Amendment and Title VII of the 1964 Civil Rights Act.

Apr 4, 2023 8:39 AM CDT

Chemerinsky: Student loan relief cases will have lasting effects whatever Supreme Court decides

No matter what the U.S. Supreme Court does in the cases involving the Biden administration’s student loan relief plan, there is sure to be a major effect on many people’s lives and on the law. On Tuesday, Feb. 28, the court heard oral arguments in two cases—Biden v. Nebraska and Department of Education v. Brown—that raise myriad legal issues and any path taken by the court will have significant consequences. (I was among 24 legal scholars who signed an amicus brief in support of the Biden administration).

Mar 1, 2023 8:42 AM CST

Chemerinsky: When can state governments sue the United States?

A recurring issue before the Supreme Court this term, including in two cases to be argued in the next month, concerns when state governments have standing to sue the United States. Over the last decade, there has been an explosion of such suits.

Feb 1, 2023 11:49 AM CST

Chemerinsky: Expect another wave of significant rulings as the Supreme Court returns

Sometimes an especially momentous U.S. Supreme Court term is followed by a quieter year with fewer blockbuster decisions. But that is not what we should expect when the court hands down its rulings for this term in spring 2023. Once more, the court’s docket is filled with cases of great legal and social importance that will profoundly affect the lives of many people.

Jan 5, 2023 12:59 PM CST

Chemerinsky: 2022 contained a week that dramatically changed constitutional law

There are pivotal years in constitutional law: 1787, when the Constitution was ratified; 1791, when the Bill of Rights was adopted; 1868, when the Fourteenth Amendment was enacted; 1937, when the Supreme Court overturned 40 years of precedents that had limited the power of Congress and state legislatures to protect workers and consumers; 1969, when the liberal Warren Court ended, and the more conservative Burger Court began. And 2022 was such a decisive turning-point year.

Dec 23, 2022 8:35 AM CST

Chemerinsky: An important week of arguments in the Supreme Court

Next Monday and Wednesday, the Supreme Court will hear oral arguments in two of the most important cases of the term. Each could have enormous implications for future litigation and for constitutional law.

Dec 1, 2022 9:20 AM CST