ABA Journal

U.S. Supreme Court

5577 ABA Journal U.S. Supreme Court articles.

Weekly Briefs: Bias suit against Trump lawyer resolved; Montana no longer defies court order over birth certificates

Trump lawyer resolves rap-music bias suit

Alina Habba, a lawyer for former President Donald Trump, has resolved a race- and gender-bias lawsuit largely based on the rap music that she…

Wife of Justice Thomas will give interview to Jan. 6 committee, her lawyer says

Virginia “Ginni” Thomas, the wife of U.S. Supreme Court Justice Clarence Thomas, has agreed to an interview with the House select committee investigating the Jan. 6, 2021, U.S. Capitol riot.

Nina Totenberg’s early life, NPR legacy and friendship with the Notorious RBG

A special two-part episode of the Modern Law Library podcast with Nina Totenberg speaking about her new book, “Dinners With Ruth: A Memoir on the Power of Friendships,” and Lisa Napoli, author of “Susan, Linda, Nina & Cokie.”

Top Idaho court strikes down grandparent visitation law that is based on best interest of child

The Idaho Supreme Court has struck down a state law that allows grandparents and great-grandparents to be granted visitation over the objection of fit parents—if it is in the best interest of the child.

Texas may enforce law banning social media from blocking users based on viewpoints, 5th Circuit says

A federal appeals court on Friday allowed Texas to enforce a law that generally bans large social media companies from restricting posts based on the viewpoint of the speaker.

Weekly Briefs: ABA supports marriage equality law; Stanford offers new model for legal ed loans

ABA president calls on Senate to support Respect for Marriage Act

ABA President Deborah Enix-Ross is calling on members of the U.S. Senate to vote for the Respect for Marriage…

Supreme Court requires Yeshiva University to recognize LGBTQ student club as state court review continues

The U.S. Supreme Court on Wednesday refused to block a trial judge’s order requiring Yeshiva University to recognize an LGBTQ student club at its undergraduate campus while litigation continues.

After Roberts defends SCOTUS, Kagan warns of judges creating ‘legitimacy problems for themselves’

U.S. Supreme Court Justice Elena Kagan said Monday judges can “create legitimacy problems for themselves” by appearing to be political.

Former Whitewater independent counsel Ken Starr dies at 76

Ken Starr, the former Whitewater independent counsel and an appeals judge, has died at age 76. Starr died Tuesday from surgery complications at Baylor St. Luke’s Medical Center.

Use of term ‘noncitizen’ is ‘unfortunate trend in caselaw,’ 9th Circuit judge says

A federal appeals judge used a concurrence to criticize his colleagues for using the word “noncitizen” instead of the statutory term “alien” in an immigration opinion last week.

SCOTUS justices discuss Supreme Court’s legitimacy, lengthy path to law license

Chief Justice John Roberts acknowledged Friday that it was “gut-wrenching” to see barricades surrounding the U.S. Supreme Court without speaking directly about the abortion-rights issue that led to the placement.

Sotomayor stays order requiring Yeshiva University to allow LGBTQ student club

U.S. Supreme Court Justice Sonia Sotomayor on Friday stayed an order that required Yeshiva University to recognize an LGBTQ student club at its undergraduate campus.

State chief justices oppose ‘independent state legislature’ theory in Supreme Court election case

The Conference of Chief Justices has filed an amicus brief that urges the U.S. Supreme Court to reject a theory that would strip state courts of power to review state laws governing federal elections.

9th Circuit judge shines light on Justice William O. Douglas’ environmental campaigns

U.S. Supreme Court Justice William O. Douglas could be known for his fiery opinions, turbulent personal life and longtime presidential ambitions. But Judge M. Margaret McKeown is shining a light on his groundbreaking environmental advocacy in her new book.

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.

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