Writes Adam Liptak, in "How a Covid-Era Scramble Transformed Supreme Court Arguments/Live audio, a new format and new voices have transformed and unsettled the court’s signature public ceremony" (NYT gift link).
Agosto 15, 2026
"Over the past 21 terms, the closest any member of the court got to Justice Jackson’s loquaciousness was Justice Stephen G. Breyer..."
Writes Adam Liptak, in "How a Covid-Era Scramble Transformed Supreme Court Arguments/Live audio, a new format and new voices have transformed and unsettled the court’s signature public ceremony" (NYT gift link).
Hunyo 30, 2026
"A transgender woman penalized for being perceived as aggressive has experienced discrimination 'on the basis of sex' just as much as a cis-gender woman has, no matter that the transgender woman’s behavior matches expectations of her sex assigned at birth."
Hunyo 23, 2026
"What is clear is that the majority today forecloses future reliance on Sosa and shuts the courthouse doors to almost any claimed violation of international law under the [Alien Tort Statute]."
Writes Justice Ketanji-Brown Jackson, dissenting in Cisco Systems v. Doe, announced this morning.
Marso 31, 2026
"Justices Reject Colorado Law Banning ‘Conversion Therapy’ for L.G.B.T.Q. Minors."
The NYT reports.
“Colorado may regard its policy as essential to public health and safety,” Justice Neil M. Gorsuch wrote for himself and seven other justices from across the ideological spectrum. “But the First Amendment stands as a shield against any effort to enforce orthodoxy in thought or speech in this country.”
Only Justice Ketanji Brown Jackson dissented, reading a lengthy summary of her opposition from the bench.
Here's the opinion: Chiles v. Salazar.
The Times headline needs to be sharpened up. The Court didn't "reject" the whole "law." The opinion says that the therapist, Chiles, "stresses that she provides only talk therapy, employing no physical techniques or medications." And the case returns to the lower court to apply the correct standard — strict scrutiny.
Jackson's idea:
Nobyembre 27, 2025
"Of all the genres of unsatisfying nonfiction, books by Supreme Court Justices may be at the top of the heap."
Writes Ruth Marcus, in "How the Supreme Court Defines Liberty/Recent memoirs by the Justices reveal how a new vision of restraint has led to radical outcomes" (The New Yorker).
Nobyembre 8, 2025
Justice Ketanji Brown Jackson empowers Trump to continue withholding food money.
See? It's not all about empathy.
Justice Jackson, a member of the court’s three-justice liberal bloc who has spoken forcefully against many of the Trump administration’s policies, issued a decision on the stay because she is responsible for emergency applications from that region of the country. She said in the order that she expected the appeals court to evaluate the matter and issue a more complete ruling swiftly.
Still, many Democrats around the country erupted in anger on Friday night, with some accusing President Trump of trying to turn nutrition assistance — a program on which one in eight Americans rely — into a bargaining chip while the government remains closed.
“Trump fought for this,” Gov. Kathy Hochul of New York, a Democrat, said in a post on social media. “He doesn’t care if millions of Americans go hungry.”
Did Hochul say that before or after Jackson showed she "doesn't care"?
Nobyembre 7, 2025
"As for the Government’s suggestion that the President is harmed by not being able to impose a uniform definition of sex across various regulatory schemes..."
Hulyo 11, 2025
"I didn’t realize how formal the court really is. I kind of thought when justices go into conference they let their hair down a little bit — no."
Hulyo 8, 2025
"The Trump administration can move forward with plans to slash the federal work force and dismantle federal agencies, the Supreme Court announced on Tuesday...."
Hulyo 5, 2025
"Her opinions, sometimes joined by no other justice, have been the subject of scornful criticism from the right and have raised questions about her relationships with her fellow justices, including the other two members of its liberal wing."
“We will not dwell on Justice Jackson’s argument, which is at odds with more than two centuries’ worth of precedent, not to mention the Constitution itself,” Justice Barrett wrote, in an opinion [in Trump v. CASA] signed by all five of the other Republican appointees.
“The principal dissent focuses on conventional legal terrain,” Justice Barrett went on, referring to Justice Sotomayor’s opinion. “Justice Jackson, however, chooses a startling line of attack that is tethered neither to these sources nor, frankly, to any doctrine whatsoever.”...
I think Liptak is trying to build Jackson's reputation. He writes things like: "Justice Jackson has appeared comfortable expressing herself from the start." He compares her to Justice Breyer and Justice Brandeis:
“I was frightened to death for the first three years,” Justice Breyer said in a 2006 interview. Even Justice Louis D. Brandeis, a giant of the law who sat on the court from 1916 to 1939, needed time to find his footing. “So extraordinary an intellect as Brandeis said it took him four or five years to feel that he understood the jurisprudential problems of the court,” Justice Felix Frankfurter wrote of his friend and mentor.
That does not work as a compliment to Jackson.
ADDED: The Washington Post just published a similar article, "One of the Supreme Court’s sharpest critics sits on it/Justice Ketanji Brown Jackson emerges as a strong voice on an unusually fractious U.S. Supreme Court."
Hunyo 27, 2025
Moments away — we'll be getting the last cases of this Supreme Court term.
The cases will be posted on the Court's website, here. And here's the live-blogging at SCOTUSblog.
Here's Grok's summary of the remaining cases — birthright citizenship, racial gerrymandering, the nondelegation doctrine, Obamacare, access to on-line porn, and parents opting their kids out of woke school lessons.
UPDATE 1: "Universal injunctions likely exceed the equitable authority that Congress has given to federal courts. The Court grants the Government’s applications for a partial stay of the injunctions entered below, are broader than necessary to provide complete relief to each plaintiff with standing to sue" — Trump v. CASA. This is the "birthright citizenship" case, but it did not address the issue "whether the Executive Order violates the Citizenship Clause or Nationality Act. Instead, the issue the Court decides is whether, under the Judiciary Act of 1789, federal courts have equitable authority to issue universal injunctions." Decided 6-3 (in the usual 6-3 breakdown).
From Justice Barrett's opinion: "The universal injunction was conspicuously nonexistent for most of our Nation’s history. Its absence from 18th- and 19th-century equity practice settles the question of judicial authority. That the absence continued into the 20th century renders any claim of historical pedigree still more implausible. Even during the “deluge of constitutional litigation that occurred in the wake of Ex parte Young, throughout the Lochner Era, and at the dawn of the New Deal,” universal injunctions were nowhere to be found....Had federal courts believed themselves to possess the tool, surely they would not have let it lay idle."
Addressing Justice Jackson's dissent, Barrett writes: "JUSTICE JACKSON decries an imperial Executive while embracing an imperial Judiciary. No one disputes that the Executive has a duty to follow the law. But the Judiciary does not have unbridled authority to enforce this obligation—in fact, sometimes the law prohibits the Judiciary from doing so. See, e.g., Marbury v. Madison, 1 Cranch 137 (1803) (concluding that James Madison had violated the law but holding that the Court lacked jurisdiction to issue a writ of mandamus ordering him to follow it). But see post, at 15 (JACKSON, J., dissenting) ('If courts do not have the authority to require the Executive to adhere to law universally, . . . compliance with law some-times becomes a matter of Executive prerogative'). Observing the limits on judicial authority—including, as relevant here, the boundaries of the Judiciary Act of 1789—is required by a judge’s oath to follow the law. JUSTICE JACKSON skips over that part. Because analyzing the governing statute involves boring 'legalese,' post, at 3, she seeks to answer 'a far more basic question of enormous practical significance: May a federal court in the United States of America order the Executive to follow the law?' Ibid. In other words, it is unnecessary to consider whether Congress has constrained the Judiciary; what matters is how the Judiciary may constrain the Executive. JUSTICE JACKSON would do well to heed her own admonition: '[E]veryone, from the President on down, is bound by law.' Ibid. That goes for judges too."
UPDATE 2: Kennedy v. Braidwood rejects the Appointments Clause challenge to the U. S. Preventive Services Task Force. The members of the task force are deemed "inferior officers," thus not needing appointment by the President and Senate confirmation. This one is 6-3 in an unusual way. Sotomayor, Kagan, and Jackson join the majority opinion written by Kavanaugh (and also joined by Roberts and Barrett). The dissenters are Thomas, Alito, and Gorsuch.
UPDATE 3: FCC v. Consumers' Research — "The universal-service contribution scheme does not violate the nondelegation doctrine." Another 6-3 the unusual way — with a dissent from Thomas, Alito, and Gorsuch.
UPDATE 4: Mahmoud v. Taylor, 6-3, the usual way. "Parents challenging the Board’s introduction of the 'LGBTQ+-inclusive' storybooks, along with its decision to withhold opt outs, are entitled to a preliminary injunction." Justice Alito writes for the majority:
The Board of Education of Montgomery County, Maryland (Board), has introduced a variety of “LGBTQ+-inclusive” storybooks into the elementary school curriculum. These books—and associated educational instructions provided to teachers—are designed to “disrupt” children’s thinking about sexuality and gender. The Board has told parents that it will not give them notice when the books are going to be used and that their children’s attendance during those periods is mandatory. A group of parents from diverse religious backgrounds sued to enjoin those policies. They assert that the new curriculum, combined with the Board’s decision to deny opt outs, impermissibly burdens their religious exercise.
Today, we hold that the parents have shown that they are entitled to a preliminary injunction. A government burdens the religious exercise of parents when it requires them to submit their children to instruction that poses “a very real threat of undermining” the religious beliefs and practices that the parents wish to instill. Wisconsin v. Yoder, 406 U. S. 205, 218 (1972). And a government cannot condition the benefit of free public education on parents’ acceptance of such instruction. Based on these principles, we conclude that the parents are likely to succeed in their challenge to the Board’s policies....
I added the boldface. The school was so out front in its desire to reprogram children. They must have been pious believers... or at least people who felt called to pose as pious believers.
UPDATE 5: Free Speech Coalition v. Paxton, 6-3, the usual way, upholding the Texas law that restricts access to on-line porn. How do you exclude minors without burdening access for everyone? Here, the state required age verification. "But adults have no First Amendment right to avoid age verification. Any burden on adults is therefore incidental to regulating activity not protected by the First Amendment. This makes intermediate scrutiny the appropriate standard under the Court’s precedents." And the law "advances important governmental interests unrelated to the suppression of free speech and does not burden substantially more speech than necessary to further those interests."
Kagan writes in dissent: "[I]f a scheme other than H. B. 1181 can just as well accomplish that objective and better protect adults’ First Amendment freedoms, then Texas should have to adopt it (or at least demonstrate some good reason not to). A State may not care much about safeguarding adults’ access to sexually explicit speech; a State may even prefer to curtail those materials for everyone. Many reasonable people, after all, view the speech at issue here as ugly and harmful for any audience. But the First Amendment protects those sexually explicit materials, for every adult. So a State cannot target that expression, as Texas has here, any more than is necessary to prevent it from reaching children."
UPDATE 6: The racial gerrymandering case — Louisiana v. Callais — will be reargued. Justice Thomas, alone, dissents: "These cases also warrant immediate resolution because, due to our Janus-like election-law jurisprudence, States do not know how to draw maps that 'survive both constitutional and VRA review.'"
Hunyo 5, 2025
"The Supreme Court on Thursday unanimously ruled in favor of a straight woman who twice lost positions to gay workers..."
The NYT reports.
The standards for proving workplace discrimination under a federal civil rights law, Justice Ketanji Brown Jackson wrote for the court, “does not vary based on whether or not the plaintiff is a member of a majority group.”...The text of the law, Title VII of the Civil Rights Act of 1964, does not draw distinctions based on whether the person claiming discrimination is a member of a majority group. But some courts have required plaintiffs from majority groups to prove an additional element if they lack direct evidence of discrimination: “background circumstances that support the suspicion that the defendant is that unusual employer who discriminates against the majority.”
It's not that unusual!
Mayo 30, 2025
"Supreme Court Allows Trump Administration, for Now, to End Biden-Era Migrant Program."
The court’s order was unsigned and provided no reasoning, which is typical when the justices rule on emergency applications. Justice Ketanji Brown Jackson, joined by Justice Sonia Sotomayor, dissented, saying the majority had not given enough consideration to “the devastating consequences of allowing the government to precipitously upend the lives and livelihoods of nearly half a million noncitizens while their legal claims are pending.”...
In an emergency application to the Supreme Court on May 8, Solicitor General D. John Sauer argued that... the lower court had “needlessly” upended “critical immigration policies that are carefully calibrated to deter illegal entry” and had undone “democratically approved policies that featured heavily in the November election,” Mr. Sauer argued.
ADDED: "Justice Ketanji Brown Jackson, joined by Justice Sonia Sotomayor, dissented..." Not only didn't the Chief Justice join the dissenters, Justice Kagan went with the majority. The middle has spoken. I'm picturing many Trump victories to come in these "injunctivitis" cases.
AND: Here's Jackson's opinion. Excerpt:
Enero 15, 2025
"[Jack Smith] may be right about obtaining a conviction before a D.C. jury and a highly motivated judge against Trump. However..."
Writes Jonathan Turley, in "Jacksonian Obstruction: Smith Explains How He Was Planning to Circumvent the Decision in Fischer."
Disyembre 16, 2024
Oktubre 28, 2024
"[Ketanji Brown] Jackson is not alone among Justices in telling her life story."
Writes Amy Davidson Sorkin, in "What Can Memoirs by Supreme Court Justices Teach Us? We’re primed to read Justices’ accounts of their lives for clues to their jurisprudence. Should we?" (The New Yorker).
Abril 25, 2024
6 quotes from today's oral argument in Trump v. United States.
The implications of the Court's decision here extend far beyond the facts of this case. Could President George W. Bush have been sent to prison for... allegedly lying to Congress to induce war in Iraq? Could President Obama be charged with murder for killing U.S. citizens abroad by drone strike? Could President Biden someday be charged with unlawfully inducing immigrants to enter the country illegally for his border policies?
So what about President Franklin D. Roosevelt's decision to intern Japanese Americans during World War II? Couldn't that have been charged under 18 U.S.C. 241, conspiracy against civil rights?
3. Justice Gorsuch makes a brilliant suggestion. If Presidents didn't have immunity from prosecution, they could give themselves the equivalent by pardoning themselves on the way out. And note the reminder that Obama could be on the hook for those drone strike murders:
Pebrero 8, 2024
"I think that the question that you have to confront is why a single state should decide who gets to be President of the United States."
"In other words, you know, this question of whether a former president is disqualified for insurrection to be president again is, you know, just say it, it sounds awfully national to me. So whatever means there are to enforce it would suggest that they have to be federal, national means. Why does -- you know, if you weren't from Colorado and you were from Wisconsin or you were from Michigan and it really -- you know, what the Michigan secretary of state did is going to make the difference between, you know, whether Candidate A is elected or Candidate B is elected, I mean, that seems quite extraordinary, doesn't it?... Why should a single state have the ability to make this determination not only for their own citizens but for the rest of the nation?"
Said Justice Elena Kagan in today's oral argument in Trump v. Anderson (transcript here).
Kagan's question was reinforced by Justice Ketanji Brown Jackson: "Can I just ask you about... the concern about uniformity and the lack thereof if states are permitted to enforce Section 3 in presidential elections.... I guess my question is why the Framers would have designed a system that would -- could result in interim disuniformity in this way where we have elections pending and different states suddenly saying you're eligible, you're not, on the basis of this kind of thing?"
Hulyo 4, 2023
"Asian Americans, the group whom the suit was supposedly about, have been oddly absent from the conversations that have followed the ruling...."
Hunyo 29, 2023
Watching the Supreme Court. [ADDED: Supreme Court makes a moderate, minimalist change to affirmative action doctrine.]
Because Harvard’s and UNC’s admissions programs lack sufficiently focused and measurable objectives warranting the use of race, unavoidably employ race in a negative manner, involve racial stereotyping, and lack meaningful end points, those admissions programs cannot be reconciled with the guarantees of the Equal Protection Clause. At the same time, nothing prohibits universities from considering an applicant’s discussion of how race affected the applicant’s life, so long as that discussion is concretely tied to a quality of character or unique ability that the particular applicant can contribute to the university. Many universities have for too long wrongly concluded that the touchstone of an individual’s identity is not challenges bested, skills built, or lessons learned, but the color of their skin. This Nation’s constitutional history does not tolerate that choice. Pp. 39–40.
The decision must be somewhat moderate, I'm inferring, because there are concurring opinions from Thomas, Gorsuch, and Kavanaugh.
The Chief quotes Grutter — "We expect that 25 years from now, the use of racial preferences will no longer be necessary to further the interest approved today" — and adds:
