Tag: first amendment

October 2025 cases

August 29, 2025 case suggestions No Comments
The traditional “First Monday” opening of the regular October 2025 Term is October 6 this year, although the court has been particularly active on the “shadow docket” even during the summer recess. See below for tips about preparing for some of the major cases concerning the right to counsel for…

Thoughts on LA and the differences between power and authority

June 10, 2025 commentary No Comments
In federalizing the California National Guard, President Trump colored his declaration with the language of federal law to declare that certain “protests or acts of violence . . . constitute a form of rebellion against the authority of the Government of the United States.” This has been properly labeled a…

January 2025 Cases

January 5, 2025 case suggestions 1 Comment
The January argument calendar includes some very high-profile cases — the TikTok ban and age verification on porn sites — as well as some very important cases that have received less public attention involving police shootings, ADA coverage, the First Step Act, false versus misleading statements (by a Daley family…

February cases

February 20, 2024 case suggestions commentary No Comments
Important cases in the last two weeks of February, including EPA regulations, social media moderation, and bump stocks. Wednesday, February 21 The EPA’s Good Neighbor Plan is first up today in Ohio v. EPA and US Steel v. EPA. As the Congressional Research Service notes (in a report that would…

Oct 30/31 & early November cases

October 26, 2023 case suggestions
The next block of arguments include cases on asset forfeiture, First Amendment requirements for social media accounts of government officials, the ability to trademark “Trump Too Small,” and whether the Second Amendment allows the government to prohibit possession of firearms by persons subject to domestic-violence restraining orders. Monday, October 30…

April 2023 Arguments

April 12, 2023 case suggestions
The last set of regularly scheduled arguments will be April 17-26 (Mondays to Wednesdays). There is one case that was granted cert. and has not yet been scheduled for argument, but it probably will be re-listed for argument next term. It’s also possible the Court will add an argument day…

January 2022 Cases

December 26, 2021 case suggestions
A very unusual Friday oral argument has been scheduled for January 7, in cases concerning the federal vaccine mandate. Plus cases concerning Medicaid, immigration law, a religious flag on a City Hall flagpole, FEC v. Ted Cruz for Senate, and the Court’s first consideration of the First Step Act. The…

November 8-10 arguments

November 5, 2021 case suggestions
More interesting cases in the second week of November, involving state secrets, Puerto Rico residents’ entitlement to SSI, religious freedom claims in the context of the death penalty, and commercial advertising and the First Amendment. Monday, Nov 8 First up is a “state secrets” case, FBI v. Fazaga. The case…

April cases

April 13, 2021 case suggestions
Several important SCOTUS cases in the next block — beginning Monday with a case about Native Alaskan Corporations and the CARES Act and closing the following week with big questions about student free speech. Monday, April 19 First up are cases questioning whether Alaskan Native Corporations are “tribal governments” eligible…

October 2020 arguments

July 28, 2020 case suggestions
The Supreme Court term traditionally begins on the “First Monday” of October, and the Court has announced (earlier than usual) a full schedule for that month. (“Full schedule” means Monday through Wednesday for two weeks out of the month.) Exactly what that will look like, of course, is still unknown. …