The hottest Supreme Court Substack posts right now

And their main takeaways
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Top U.S. Politics Topics

Racial Preferences May End, but the Fight Will Continue

Glenn Loury • 3551 implied HN points • 18 Jun 23
🇺🇸 U.S. Politics Race Affirmative Action Supreme Court Education Social justice
  1. The Supreme Court is expected to end racial preferences in college admissions, but the fight for racial equality will continue.
  2. Advocates suggest shifting preferences from race to socioeconomics to better address disparities in access to education.
  3. Maintaining racial preferences based on outdated assumptions about disadvantages faced by black students may actually hinder progress towards equality.

Americans Are Fighting For Control Of Federal Powers That Shouldn’t Exist

Stark Realities with Brian McGlinchey • 1999 implied HN points • 15 Jan 24
🇺🇸 U.S. Politics Federal Government Constitution Supreme Court State power
  1. The intensity of the division in American politics arises from the federal government operating beyond the limits of the Constitution.
  2. The federal government's involvement in various aspects of American life is mostly unconstitutional based on the limited powers granted by the Constitution.
  3. The Supreme Court has played a significant role in expanding federal powers through broad interpretations of clauses like the General Welfare and Commerce clauses.

BREAKING: Gorsuch Rule on Lockdowns and Mandates

COVID Reason • 3132 implied HN points • 18 May 23
🇺🇸 U.S. Politics Government Civil Liberties Supreme Court Executive orders Constitution
  1. Supreme Court Justice Neil Gorsuch speaks out against lockdowns and mandates, highlighting the erosion of civil liberties during the Covid era.
  2. Gorsuch consistently defended the Constitution and challenged Covid restrictions on religious liberty.
  3. Gorsuch's opinions underscore the need to balance public health concerns with protecting individual freedoms and the importance of robust debate in decision-making.

AHM v. FDA reaches the Supreme Court

Adam's Legal Newsletter • 499 implied HN points • 28 Mar 24
🇺🇸 U.S. Politics Legal Supreme Court FDA Abortion Standing
  1. Plaintiffs in the case lack standing, which weakens their argument. They need to show personal harm, not just philosophical opposition.
  2. Even if plaintiffs had standing, their claims fail on the merits. The FDA's decisions were well-reasoned and based on evidence, debunking plaintiffs' objections.
  3. Banning mifepristone won't help the plaintiff-doctors study it; rather, it will hinder data collection. The FDA's evaluation of studies appears rational and reasonable.

Actual Malice

Glenn’s Substack • 1513 implied HN points • 02 Jun 23
🇺🇸 U.S. Politics Law Supreme Court Civil Rights First Amendment Media
  1. The Supreme Court's decision in New York Times v. Sullivan constitutionalized the law of libel.
  2. The case highlighted the importance of the 'actual malice' standard in libel cases, requiring proof of knowledge of falsity or reckless disregard for truth.
  3. The Sullivan case had a significant impact by protecting the press from libel suits, but also raised concerns about media responsibility and trust over time.
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Narrow decisions, broad goals

Adam's Legal Newsletter • 239 implied HN points • 29 May 24
🇺🇸 U.S. Politics Supreme Court Partisanship Race
  1. The South Carolina redistricting case was decided 6 to 3, with a majority opinion written by Republican-appointed Justices and a dissent by Democratic-appointed Justices, showing a split along party lines.
  2. The decision-making in cases like _Alexander_ and _Cromartie II_ was influenced by the broader legal context surrounding partisan and racial gerrymandering issues, leading to close calls among the Justices.
  3. Judges tend to apply their ideological views to non-ideological issues when those issues are close, as seen in the standing decisions related to ideological issues in cases like the student loan disputes and _Alexander_.

True Threats And American Cultural Gulfs

The Popehat Report • 3630 implied HN points • 27 Apr 23
🇺🇸 U.S. Politics Legal system First Amendment Free speech Gender Dynamics Supreme Court
  1. American society is diverse and faces challenges in applying legal standards like the reasonable person test across different cultures.
  2. Cultural context plays a significant role in determining what constitutes a true threat in First Amendment cases.
  3. To strike a balance between free speech and protection from threats, considering the intended audience's cultural context in true threats analysis could be a valuable approach.

In praise of robotic judging

Adam's Legal Newsletter • 239 implied HN points • 13 May 24
🇺🇸 U.S. Politics Supreme Court Law Due process
  1. In judicial decision-making, applying precedent like a robot can lead to simple and predictable case resolutions.
  2. Civil asset forfeiture cases can be complex, leading to unfair outcomes for innocent owners, with issues such as timing, burden of proof, and lack of initial judicial oversight.
  3. While some judges have specific judicial philosophies, there is an argument for mindlessly applying precedent to simplify and predict case outcomes, potentially reducing division and making the judicial process less dependent on individual justices.

It's on, baby!

Adam's Legal Newsletter • 698 implied HN points • 09 Jan 24
🇺🇸 U.S. Politics Legal Constitutional Law Supreme Court Elections First Amendment
  1. The Constitution does not require states to include currently ineligible candidates on the ballot, even if they may become eligible in the future.
  2. Allowing ineligible candidates on the ballot can lead to confusion for voters and cause controversy if an ineligible candidate wins the election.
  3. Interpreting the Constitution requires sticking to the text rather than overly creative lawyering to avoid confusion and promote understanding among citizens.

Minor Mifepristone Ruling is Major

SHERO • 648 implied HN points • 17 Jan 24
🇺🇸 U.S. Politics Abortion Lawsuit Supreme Court Standing Healthcare
  1. A Trump-appointed judge's ruling in Texas allows more states to join a lawsuit against restrictions on the abortion pill Mifepristone.
  2. The Supreme Court agreed to hear an appeal to preserve broad access to the Mifepristone abortion pill, delaying potential restrictions.
  3. The legal battle surrounding Mifepristone highlights the impact of standing in court cases and raises questions about judicial legitimacy.

Transcript: America This Week, Episode 73, January 26, 2024

TK News by Matt Taibbi • 1236 implied HN points • 27 Jan 24
🇺🇸 U.S. Politics Border control Populism Supreme Court National Guard Biden administration
  1. The Supreme Court allowed border control agents to remove razor wire Texas installed at the Mexico border due to obstruction issues.
  2. The story only pertains to the specific technique of using razor wire at the border and not Texas' broader efforts to secure it.
  3. The Biden administration argued that the razor wire hindered agents' duties, making it harder to enforce the law and control irregular migration.

Is the Supreme Court seriously going to disqualify Trump? (Redux)

Adam's Legal Newsletter • 659 implied HN points • 21 Dec 23
🇺🇸 U.S. Politics Law Supreme Court Election Insurrection Constitution
  1. Chances of the Supreme Court disqualifying Trump are low but improving, now estimated at around 20%.
  2. The conventional wisdom leans towards the Supreme Court reversing the Colorado Supreme Court's decision, considering factors like democratic norms and legal arguments.
  3. There is a small chance, about 15%, that the Supreme Court might affirm the Colorado Supreme Court's decision to disqualify Trump, based on the quality of legal reasoning in the case.

Can bereaved families sue doctors?

A Lawyer Writes • 530 implied HN points • 09 Jan 24
🏥 Health Politics Court rulings Supreme Court
  1. The Supreme Court was ruling on cases involving psychiatric injury from clinical negligence involving close relatives
  2. Historically, court rulings have shaped the law on negligence and compensation for secondary victims of medical errors
  3. The recent Supreme Court decision clarified that doctors do not owe a duty of care to close family members for illness caused by witnessing a relative's death due to medical negligence

Texas Governor Risks Lives for Political Points, Despite Supreme Court Ruling

SHERO • 412 implied HN points • 25 Jan 24
🇺🇸 U.S. Politics Immigration Supreme Court Federal Government
  1. Texas Governor Greg Abbott refuses to remove razor wire at the US-Mexico border despite Supreme Court ruling
  2. Conservative Fifth Circuit Court of Appeals had previously blocked the federal government from removing the razor wire initially set up by National Guard soldiers
  3. Supreme Court ruling in favor of federal government was a major victory for the Biden administration

Trust the Border Patrol

Adam's Legal Newsletter • 359 implied HN points • 06 Feb 24
🇺🇸 U.S. Politics Judicial system Supreme Court
  1. The Supreme Court, by a 5-4 vote, vacated an injunction that restricted the Border Patrol from cutting a fence near the Rio Grande. Governor Abbott disagreed with the decision, claiming Texas's constitutional authority above federal statutes.
  2. Texas put up concertina wire fences near the border to stop illegal immigration, leading to clashes with Border Patrol officials who cut the fences. Issues arose as to whether cutting the fence was justified in enforcing federal immigration law.
  3. The Fifth Circuit granted an injunction to Texas to stop the cutting of the fence, but the Supreme Court, in a 5-4 vote, vacated this injunction without providing any explanation, sparking disagreement and criticism.

‘I Would Prefer Not To’...

Breaking the News • 1603 implied HN points • 29 Jul 23
🇺🇸 U.S. Politics Social media Economy Media Coverage Supreme Court
  1. James Fallows prefers not to sign up with Threads due to reasons like ownership concerns, user interface preferences, and lack of critical mass in comparison to other platforms.
  2. James Fallows prefers not to write further about the 'Lab Leak', citing coverage by David Quammen in the New York Times Magazine on Covid's origin mysteries and the importance of the origin question.
  3. James Fallows prefers not to write about where the economy is headed or media coverage related to the economy at this time.

Huge Wisconsin race...Chicago mayor...Live Trump coverage tonight...

Bad News • 668 implied HN points • 04 Apr 23
🇺🇸 U.S. Politics Elections Supreme Court Abortion rights Political Dynamics
  1. Wisconsin state Supreme Court race could have major impact on abortion rights, future control of House, and 2024 presidential election.
  2. Conservatives currently hold a 4-3 majority on the Wisconsin state Supreme Court.
  3. Chicago mayoral election features a progressive candidate facing an eccentric conservative, with significant implications for working class Black voters and progressive movement.

The Supreme Court Will Decide if Homelessness is a Crime

The New Urban Order • 179 implied HN points • 15 Apr 24
🇺🇸 U.S. Politics Homelessness Supreme Court Housing Crisis Justice System Legal rights
  1. The U.S. Supreme Court will decide on whether homelessness can be considered a crime, impacting how cities handle homeless individuals.
  2. Many cities fail to provide the necessary housing and services to keep people off the streets, leading to homelessness being criminalized.
  3. Jailing homeless individuals further exacerbates their situation, making it harder for them to transition out of homelessness.

Is the Supreme Court seriously going to disqualify Trump?

Adam's Legal Newsletter • 619 implied HN points • 03 Sep 23
🇺🇸 U.S. Politics Legal analysis Supreme Court Insurrection Presidency
  1. There is a 10% chance that the Supreme Court finds Trump ineligible for the Presidency under Section Three of the Fourteenth Amendment.
  2. Legal challenges to Trump's eligibility would have to navigate multiple obstacles, including Supreme Court acceptance and factual interpretation of the insurrection on January 6, 2021.
  3. The legal argument that the 1872 and 1898 Amnesty Acts remove Section Three's prohibition may present a significant threshold objection to Trump's disqualification.

Stop Praising the Supreme Court

SHERO • 589 implied HN points • 28 Jun 23
🇺🇸 U.S. Politics Supreme Court Constitutional Law Civil Rights Elections
  1. The recent Supreme Court rulings show the conservative majority pushing a political agenda that undermines civil rights.
  2. The Court's refusal to set limits on state courts reviewing certain election issues highlights the importance of the Supremacy Clause over state laws.
  3. While some recent Court decisions may seem reasonable, they could be more about self-protection for the justices than genuine jurisprudence.

Ruminating with Hillary Clinton

OLD GOATS with Jonathan Alter • 569 implied HN points • 27 May 23
🇺🇸 U.S. Politics Government Elections Policies Gender Supreme Court
  1. Hillary Clinton remains optimistic while acknowledging worries about the current state of the world
  2. Analysis of Trump's influence and tactics in politics, his impact on the Republican Party, and the importance of truth in democracy
  3. Reflection on women's empowerment, political engagement, and the challenges of perfectionism in today's society

Contrived cases make bad law, part 2

Adam's Legal Newsletter • 379 implied HN points • 15 Jul 23
🇺🇸 U.S. Politics Legal LGBTQ+ Supreme Court Freedom of Expression
  1. In legal cases like 303 Creative, contrived situations can lead to unsatisfactory outcomes.
  2. The Supreme Court's debate over government's power to compel individuals to act against their beliefs reveals a complex tension.
  3. The lack of genuine, high-stakes conflicts between same-sex couples and opponents of same-sex marriage post-Obergefell shows unexpected harmony.

The timeless language of the Constitution

A User's Guide to History • 196 implied HN points • 31 Jan 24
🇺🇸 U.S. Politics Constitution 14th Amendment Donald Trump Supreme Court Interpretation
  1. The Constitution was written to prevent chaos and disunity in the early days of the United States.
  2. Over time, parts of the Constitution have become outdated and needed to be amended or scrapped.
  3. Interpreting the Constitution for modern relevance can be a complex process, especially with changing societal norms.

Supreme Court Roulette

Adam's Legal Newsletter • 339 implied HN points • 04 Aug 23
🇺🇸 U.S. Politics Supreme Court Judicial system Decision-making
  1. One proposed idea is Supreme Court Roulette, where a randomly selected Justice's view becomes the opinion of the Court.
  2. The current system of majority rule in the Supreme Court does not necessarily guarantee better or more reasoned decisions.
  3. Implementing Supreme Court Roulette could lead to more moderate decisions reflective of the country and improve incentives for the Justices.

The court's colorblindness scam

Science Forever • 318 implied HN points • 03 Jul 23
🇺🇸 U.S. Politics Affirmative Action Supreme Court Racism
  1. The recent affirmative action decision by the US Supreme Court has both short-term and long-term damaging effects, particularly impacting students of color and their academic performance.
  2. The court's ruling did not invalidate admission preferences for legacy applicants, athletes, donors' children, and faculty members' children, which predominantly benefit white applicants.
  3. The decision raises questions about the inconsistency in the application of color blindness, as it critiques race-based preferences for some applicants while not addressing others.

The Distraction & Distortion of Affirmative Action

The Discourse Lounge • 740 implied HN points • 06 Jul 23
🇺🇸 U.S. Politics Race Affirmative Action Supreme Court Civil Rights Movement Conservatism
  1. Affirmative Action has helped improve earnings for Black, Hispanic, and Native American individuals.
  2. Recent rulings on Affirmative Action in colleges have minimal practical impact due to existing admissions practices.
  3. Conservatives have strategically shifted focus and created distractions around Affirmative Action, aiming to diminish its importance in addressing racial inequality.