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SCOTUS Today for Monday, December 15

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As the Supreme Court of the United States (SCOTUS) approaches the midpoint of December, legal observers are keenly interested in the developments surrounding the Court’s activities. With the Bill of Rights being ratified on this day in 1791, the significance of the Constitution’s first ten amendments remains a focal point of legal discourse. This historical context underscores the ongoing relevance of the Supreme Court’s decisions as they shape contemporary legal landscapes. Current Activities and Anticipations The Supreme Court’s December calendar currently shows no scheduled arguments or conferences after the morning’s order list release. This absence … Read more

Justice David Souter: A Former Supreme Court Employee Remembers

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When I awoke on Friday, May 9, 2025, the first thing I heard was that retired Justice David Souter had died. Of all the public figures I have met or worked with, he was in many respects, the most impressive. Even now it is hard to believe he is gone. David Souter’s Judicial Philosophy Justice Souter was known for his distinctive judicial philosophy, which embraced a common law approach to interpretation. This approach allowed for both precedent and progress in the law, a balance that characterized much of his work on the Supreme Court. He … Read more

Justice David Souter: A Former Supreme Court Employee Remembers

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When I awoke on Friday, May 9, 2025, the first thing I heard was that retired Justice David Souter had died. Of all the public figures I have met or worked with, he was in many respects, the most impressive. Even now it is hard to believe he is gone. The Legacy of Justice Souter Justice David Souter’s judicial philosophy was deeply rooted in a common law approach to interpretation, allowing for both precedent and progress in the law. He embraced the qualities of a progressive and a Burkean gradualist, which were evident in his … Read more

Relistpalooza: Fifty New Relists, Six Big Fights

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The recent Supreme Court term has been marked by significant developments, particularly highlighted by the relisting of cases that have generated substantial legal discourse. As the court navigates through various appeals, these relists often indicate the potential for summary reversals, a trend we observed with the recent cases. This segment will delve into the implications of these relists, focusing on two notable summary reversals and the ongoing debates surrounding the court’s decisions. Summary Reversals and Their Implications In the past week, the Supreme Court’s relist rolls showcased the term’s first two summary reversals, a notable … Read more