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

Chemerinsky: Stakes are high as Supreme Court considers affirmative action cases

The future of affirmative action in the United States rests on two cases heard by the U.S Supreme Court Monday: Students for Fair Admissions v. University of North Carolina and Students for Fair Admission v. Harvard College. Both liberals and conservatives expect the court to overrule precedent and end affirmative action by colleges and universities. This will have a dramatic effect on both public and private schools, and how the court does this could have enormous implications for many areas of law.

Nov 2, 2022 2:19 PM CDT

Chemerinsky: Supreme Court poised to sharply advance the law to the right

Last year’s term was momentous: The court overruled Roe v. Wade, greatly expanded gun rights and aggressively protected free exercise of religion. There is no doubt that the coming term, too, will be filled with blockbuster decisions.

Sep 29, 2022 9:52 AM CDT

Chemerinsky: Originalism has taken over the Supreme Court

The U.S. Supreme Court term that ended on June 30 was the most originalist in American history. In case after case, the court professed that the meaning of a constitutional provision is to be determined by the original understanding at the time when it was adopted. Some of the justices—Clarence Thomas, Neil Gorsuch and Amy Coney Barrett—are self-avowed originalists. All of the conservatives often write their opinions in originalist language and sign on to expressly originalist decisions.

Sep 6, 2022 8:00 AM CDT

Chemerinsky: With Supreme Court shift on Indian law, will it reconsider a recent landmark ruling?

One of the most important themes of the recently completed Supreme Court term is the significance of Justice Ruth Bader Ginsburg being replaced by Justice Amy Coney Barrett. An important example of how this has affected court rulings came in a case in the area of Indian law that, by comparison, received little media attention.

Aug 1, 2022 8:36 AM CDT

Chemerinsky: This SCOTUS term moved the law ‘dramatically in a conservative direction’

The U.S. Supreme Court's October 2021 term was one of the momentous in history. The only analogy I can think of is 1937 for its dramatic changes in constitutional law. This is the first full term with Justice Amy Coney Barrett on the high court, and we saw the enormous effects of having a 6-3 conservative majority.

Jul 7, 2022 8:46 AM CDT