The hottest Supreme Court Substack posts right now

And their main takeaways
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Top U.S. Politics Topics

Why does doctrine get so complicated?

Adam's Legal Newsletter • 359 implied HN points • 08 May 23
🇺🇸 U.S. Politics Law Legal system Supreme Court Constitutional Rights
  1. Legal disputes can often involve convoluted procedural issues and complex legal analysis, even when the underlying dispute is simple.
  2. The legal system is structured to balance respect for state courts and federal rights, leading to a complex web of conflicting doctrines that can make cases like 'Reed v. Goertz' seem arbitrarily complex.
  3. Path dependence and accretion of legal doctrines contribute to the complexity of the legal system, as past cases and precedents shape the development of law over time.

Does standing follow the merits?

Adam's Legal Newsletter • 359 implied HN points • 30 Apr 23
🇺🇸 U.S. Politics Legal issues Supreme Court
  1. Plaintiffs need to establish standing to file lawsuits in federal court, showing a concrete injury caused by the defendant.
  2. In the Supreme Court, controversial cases may involve standing disputes unrelated to the main merits issue, like determining if plaintiffs have the right to sue.
  3. Justices' views on standing may not always align with their views on the case's merits, leading to intriguing discrepancies in their decisions.

Sometimes you just have to muddle through

Adam's Legal Newsletter • 219 implied HN points • 24 Jun 23
🇺🇸 U.S. Politics Supreme Court Constitution Law enforcement
  1. The Supreme Court deals with cases in various ways, from overturning prior decisions to affirming them, based on the current Court's stance and interpretation of the law.
  2. The application of laws, especially when dealing with Congressional spending conditions and private plaintiffs suing states, can result in complex legal interpretations and require balancing conflicting interests.
  3. Legal tests and interpretations sometimes need to be messy and leave doors partially open when history and constitutional ambiguity make clarity difficult to achieve.
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The least significant cases of the decade

Adam's Legal Newsletter • 239 implied HN points • 28 May 23
🇺🇸 U.S. Politics Legal analysis Supreme Court Civil Service
  1. The Supreme Court ruled on cases that were deemed to be the least significant of the decade, based on various factors like legal issues, difficulty, and practical impact.
  2. The cases analyzed had low scores for interesting facts, law, and difficulty, with some even receiving a total score of zero for insignificance.
  3. Specific cases like 'Kloeckner v. Solis' were highlighted for being particularly unremarkable in terms of facts, law, significance, and practical impact.

U.S. Supreme Court Chickens Out

Fake Noûs • 200 implied HN points • 09 Mar 24
🇺🇸 U.S. Politics Supreme Court Presidency Election
  1. The Colorado Supreme Court ruled Trump ineligible for the Presidency but the USSC overruled this decision, sparking discussion on why they did this
  2. The decision on whether Trump should appear on the Republican primary ballot in Colorado was contested between state and federal jurisdictions
  3. The article delves into the implications of the USSC overruling the Colorado Supreme Court decision

A sword of Damocles over the administrative state

Bruce Fein's Pioneering Lyceum • 117 implied HN points • 19 Jan 24
🇺🇸 U.S. Politics Administrative state Congress Supreme Court Regulation Legislation
  1. The Supreme Court may change the rules for federal rulemaking, impacting how executive branch regulators interpret laws.
  2. Congress needs to take responsibility for writing clear laws to prevent excessive regulatory power.
  3. Requiring Congress to vote on all regulations would increase accountability and reduce the size of the administrative state.

Inside the Plot To Kill The Censorship Industrial Complex

Public • 336 implied HN points • 11 Nov 23
🇺🇸 U.S. Politics Censorship Government Agencies Election interference Free speech Supreme Court
  1. Evidence shows Stanford Internet Observatory demanded censorship of Covid vaccine information and interfered in the 2020 elections
  2. Government agencies like DHS-CISA secretly created the Censorship Industrial Complex, threatening freedom of speech
  3. Efforts are being made to dismantle the Censorship Industrial Complex and turn the tide against censorship advocates

Supreme Court: Trump Stays on the Ballot

The Reactionary • 152 implied HN points • 04 Mar 24
🇺🇸 U.S. Politics Supreme Court Donald Trump 2024 election 14th Amendment State power
  1. The Supreme Court unanimously ruled to allow Trump to stay on the ballot, rejecting state efforts to block him based on the 14th Amendment.
  2. States don't have the authority to disqualify federal candidates, as outlined in the Constitution, to ensure uniformity and prevent a patchwork of rules across states.
  3. The legal disputes around Trump's candidacy highlighted complexities in interpreting the 14th Amendment's Section 3 and the importance of maintaining consistency in federal election rules.

Richard Glossip: Meet the Face of America's Death Penalty Depravity

The Medicine & Justice Project • 79 implied HN points • 01 Feb 24
🇺🇸 U.S. Politics Death Penalty Supreme Court Justice System Legal system
  1. Richard Glossip's case highlights the shaky nature of some murder convictions, with his conviction based primarily on unreliable testimony and lacking physical evidence.
  2. The Supreme Court's stance on the Eighth Amendment in Glossip's case underscored a prioritization of upholding the death penalty despite concerns about potential cruelty in lethal injection procedures.
  3. Despite new revelations challenging Glossip's conviction, legal proceedings suggest that finality of judgments often outweighs potential miscarriages of justice in the context of death penalty cases.

America's Rogues in Robes

Diane Francis • 599 implied HN points • 27 Jun 22
🇺🇸 U.S. Politics Supreme Court Gun Control Abortion rights Political Bias Public Opinion
  1. America's Supreme Court is seen as biased and out of touch with public opinion, especially regarding issues like abortion and gun control. Many Americans support these rights, but the Court's decisions reflect political gains instead.
  2. The Supreme Court's recent rulings are causing concern over social unrest and safety, as they may encourage more gun carry rights while limiting abortion access. This creates a more dangerous environment for individuals in the country.
  3. There's a growing divide in America, with differing access to abortion based on state laws. Many people feel frustrated and are encouraged to vote for candidates who support their rights, hoping to change the current direction.

What is a Machine Gun?

The Apéritif • 19 implied HN points • 15 Jun 24
🇺🇸 U.S. Politics Gun Control Supreme Court Public Policy Justice System
  1. The Supreme Court has ruled that bump stocks are not classified as machine guns, allowing them back on the streets. This decision is based on a specific interpretation of what a machine gun is according to a 1934 law.
  2. Bump stocks help a shooter fire quickly by using the rifle's recoil, but the definition of automatic firing depends on how the trigger is activated. The ruling claims that using a bump stock requires a different method than what is defined as automatic firing.
  3. The debate over bump stocks raises important questions about defining objects in law. It highlights the need to consider how items are used rather than just their physical parts, especially when it comes to safety and regulation.

Bad Arguments and Good Historians

Thinking about... • 253 implied HN points • 03 Feb 24
🇺🇸 U.S. Politics Legal Constitution Presidency Supreme Court Historians
  1. The President of the United States is considered an officer of the United States under the Constitution
  2. Disqualifications under Section 3 of the Fourteenth Amendment apply instantly, without requiring a conviction or special law from Congress
  3. Section 3 of the Fourteenth Amendment is not limited to the 1860s and was created to prevent future insurrections

Gaming Election Law

David Friedman’s Substack • 134 implied HN points • 06 Mar 24
🇺🇸 U.S. Politics Supreme Court Presidential Election Congress Election Strategy
  1. There was a hypothetical scenario where Democrats could have strategically prevented Trump from being certified as the President through a complex legal process, but ultimately it was deemed unlikely to happen due to various factors.
  2. If a candidate is disqualified after winning the majority of electoral votes, it could lead to complex and uncertain scenarios such as the House getting involved in the election process and potential power struggles between political parties.
  3. The article also mentions a potential loophole in California's primary system that could have led to a Republican senator in a typically Democratic state, but it was clarified that the scenario was not possible due to the timing of different elections.

Law or Fear

Thinking about... • 208 implied HN points • 07 Feb 24
🇺🇸 U.S. Politics Law Supreme Court Constitution Presidency Insurrection
  1. The Supreme Court is considering Trump's disqualification based on an insurrection and violation of oath.
  2. Section 3 of the Fourteenth Amendment sets qualifications for presidential office, including not being an oath-breaking insurrectionist.
  3. Choosing between law and fear is highlighted in the context of enforcing constitutional principles like Section 3.

Not just Civil War

Thinking about... • 206 implied HN points • 05 Feb 24
🇺🇸 U.S. Politics Insurrection 14th Amendment Supreme Court Presidential candidates Civil War
  1. Section 3 of the Fourteenth Amendment bans insurrectionists from holding office.
  2. The purpose of Section 3 is to prevent future civil wars and damage to the republic by oath-breaking insurrectionists.
  3. The Supreme Court will consider Trump's eligibility for office based on his actions during the insurrection on January 6, 2021.

The State of the Union, and the shape of the Presidential race

The Future, Now and Then • 110 implied HN points • 08 Mar 24
🇺🇸 U.S. Politics Election Campaign Strategy Media Coverage Supreme Court
  1. Biden's State of the Union speech signaled his reelection message and the upcoming Presidential race is expected to be extremely close.
  2. Biden effectively contrasted his record with Trump's, using past actions to his advantage.
  3. Media coverage may continue to focus on Biden's age, but the expectations set for him allow him to surpass them, while Trump's campaign quality may work to Biden's benefit due to Trump's past incompetence.

Enforcing the Constitution

David Friedman’s Substack • 179 implied HN points • 16 Sep 23
🇺🇸 U.S. Politics Constitution Supreme Court Enforcement Political division Legal system
  1. Enforcing the Constitution can be challenging, as seen in historical and recent examples of government defiance of Supreme Court rulings.
  2. Penalizing governments and officials for violating the Constitution may not always be straightforward or effective due to legal limitations like sovereign and qualified immunity.
  3. Alternative solutions to enforcing unconstitutional laws include court injunctions and government agents refusing enforcement, but may face challenges in an increasingly polarized political landscape.

SCOTUS & EEOC Commissioner: Civil Rights Law Actually Prohibits Racial Discrimination

Unsafe Science • 85 implied HN points • 03 Feb 24
🇺🇸 U.S. Politics Civil Rights Supreme Court Affirmative Action Diversity Academic Freedom
  1. Civil Rights laws prohibit racial discrimination, not just for specific groups
  2. Employers are not permitted to take race-conscious actions in employment for diversity
  3. Discrimination based on race is illegal, even for achieving equity or compensating for past discrimination

Tara Reade, Christine Blassey Ford, and the bleak limitations of pettiness feminism

White Hot Harlots • 19 implied HN points • 15 Apr 24
🇺🇸 U.S. Politics Feminism Due process Supreme Court
  1. Proving accusations in criminal cases, especially those of sexual assault that happened years earlier, remains extremely challenging and often lacks definitive evidence for legal action.
  2. The era ushered in by the Trump administration led to a deeply held belief that women's accusations of sexual misconduct should be believed without question, disregarding traditional standards of evidence and due process.
  3. The treatment of Tara Reade and Christine Blassey Ford highlights the disparity in how women are treated based on who they accuse, showing the flaws in the MeToo and BelieveWomen movements.

America's Abortion Angst

Diane Francis • 299 implied HN points • 16 May 22
🇺🇸 U.S. Politics Abortion Supreme Court Legislation Public Opinion Social Issues
  1. There is a clash in American culture regarding abortion, especially after news about a Supreme Court decision surfaced. Many people are feeling strong emotions and speaking out on this issue.
  2. The potential decision to strike down Roe v. Wade has reignited discussions and protests across the country. This has led to people voicing their opinions more than ever.
  3. The situation shows how deeply divided people are on the topic of abortion in America. It has become a major topic that affects many aspects of society.

Special Counsel Smith’s Desperate Plea to the Supreme Court

The Reactionary • 93 implied HN points • 11 Dec 23
🇺🇸 U.S. Politics Legal Proceedings Presidential immunity Supreme Court Impeachment
  1. Special Counsel is pushing for a quick trial date before the 2024 election, with novel legal arguments.
  2. Trump's team filed a Notice of Appeal, depriving the judge of jurisdiction over the case.
  3. Special Counsel has made an extraordinary plea to the Supreme Court regarding a former President's immunity from federal prosecution.

The Supreme Court ends Affirmative Action

The Reactionary • 157 implied HN points • 29 Jun 23
🇺🇸 U.S. Politics Legal Affirmative Action Supreme Court
  1. The Supreme Court has ended Affirmative Action in college admissions due to violations of the Equal Protection Clause.
  2. Justice Roberts argued that the purported benefits of affirmative action were vague and not sufficiently coherent.
  3. Colleges can still consider an applicant's discussion of how race affected their life, but not use it to circumvent the ban on race-based admissions.

Preserving religious freedom in the workplace

Adam's Legal Newsletter • 79 implied HN points • 04 Apr 23
🇺🇸 U.S. Politics Religious freedom Supreme Court First Amendment
  1. Title VII of the Civil Rights Act protects religious freedom in the workplace but requires employers to make accommodations without causing undue hardship, often defined as minimal harm or cost to the business.
  2. Interpreting Title VII in line with traditional conceptions of religious liberty can help navigate the complex idea of 'undue hardship' and ensure protections while avoiding financial burdens on employers.
  3. The case of Groff v. DeJoy highlights the challenge of balancing religious accommodations with fair treatment to all employees, showing the importance of upholding anti-discrimination principles in interpreting the law.

The Last of Us

Adam's Legal Newsletter • 79 implied HN points • 10 Mar 23
🇺🇸 U.S. Politics Judges Supreme Court
  1. Judges, especially Supreme Court Justices, serve for long periods of time, often among the last to retire from their appointing Presidents.
  2. Many longest-serving judges are district judges who were elevated to courts of appeals, suggesting motivation to seek promotion despite already being lifetime judges.
  3. The data shows a trend where judges interested in promotions tend to keep a full caseload into their older years, contributing to their long and active service.

Texas Taliban

Diane Francis • 339 implied HN points • 06 Sep 21
🇺🇸 U.S. Politics Abortion rights Supreme Court Political Movements Legislation Civil Liberties
  1. A Texas law allows anyone to sue anyone involved in an abortion, which some people see as a dangerous way to control others and limit rights.
  2. The Supreme Court's decision to let this law continue is seen as a big step towards limiting women's rights and liberties in America.
  3. Many Texans actually support abortion rights, but this law doesn't reflect that, showing a disconnect between the law and the people's beliefs.

URGENT: The Supreme Court rules 9-0 that states must allow Donald Trump on the presidential ballot

Unreported Truths • 74 implied HN points • 04 Mar 24
🇺🇸 U.S. Politics Legal Supreme Court Election Insurrection Voting Rights
  1. The Supreme Court ruled unanimously, 9-0, that states must allow Donald Trump on the presidential ballot.
  2. States cannot disqualify candidates for federal office as insurrectionists, according to the Supreme Court decision.
  3. The unanimous decision was a rebuke to leftist lawyers who argued for disqualifying Trump, emphasizing that voters deserve the final say.