Category Archives: Courts

Oyez! Oyez!

The Supreme Court began its 2026–27 term on October 5, 2026. Although the justices probably saw it as just a return to the office. They really did not get their customary three-month vacation, mainly due to the Trump administration’s endless barrage of “emergency motions” begging the conservative majority to stop a nearly unanimous string to lower court orders that Trump stop doing something he was doing that they found to be illegal, unconstitutional, or both. With his posse of six conservatives squarely in his corner, he won most of those emeergency appeals.

The central controversy is whether the Supreme Court is acting as an independent check on President Trump or helping him concentrate power in the presidency. Since his second term began in January 2025, the Court has substantially strengthened his control over government and repeatedly lifted lower-court restrictions on his policies. But it has also rejected some of his initiatives, making the record more complicated than “the Court always sides with Trump.”

We reviewed those cases several times during the last session. Let’s look today on the major cases to watch in the session which has just begun. The Supremes in this session will chime in on climate change, the Second Amendment, voting laws, and religious freedom, among others.

1. Climate Change & Corporate Liability
  • Suncor Energy Inc. v. County Commissioners of Boulder County
    • The Issue: The Court kicked off the term by hearing this case on opening day. It decides whether local governments can use state laws to sue oil companies for billions in infrastructure damages caused by climate change, or if federal laws (like the Clean Air Act) preclude those state-level lawsuits.
2. Second Amendment (Assault Weapon Bans)

Viramontes v. Cook County

  • The Issue: This case directly challenges an Illinois county’s ban on AR-15 rifles and high-capacity magazines. The ruling could redefine Second Amendment protections for semi-automatic firearms and impact similar restrictions enacted across 11 different states.
3. Voting Rights & Proof of Citizenship
  • Republican National Committee v. Mi Familia Vota
    • The Issue: Set for argument in December 2026, this case considers the legality of Arizona laws requiring documentary proof of citizenship to register to vote in federal elections, and whether states can cancel registrations close to election day under the National Voter Registration Act (NVRA).
4. Religious Freedom vs. LGBTQ Nondiscrimination
  • St. Mary Catholic Parish v. Roy
    • The Issue: The justices will explore whether religious preschools can be barred from receiving state public funds if they refuse to admit children from LGBTQ families. This tests the boundary between the First Amendment’s Free Exercise Clause and state anti-discrimination policies.
5. Immigration & Executive Authority
  • The docket features highly scrutinized challenges to federal immigration policies. Key questions include whether the administration has the authority to implement third-country deportations (sending migrants to a nation they have no ties to) and whether it can mandate the detention of certain immigrants rather than releasing them while their cases are pending.

All that plus whatever Trump throws at them. It is a full docket. And it will be a busy year.

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They Do It Again

With just 39 days to go before the midterm elections the conservative majority on the Supreme Court couldn’t keep its hands off the ballot box. Once more they have used its secret shadow docket to overrule two detailed lower court decisions, allowing their patron Donnie Trump to include records from the Social Security Administration (SSA) in the Department of Homeland Security’s Systematic Alien Verification for Entitlements (SAVE) database made available to state offices. This allows states to request bulk searches using full or partial SSNs and linked SSA’s master files to verify citizenship for voter registration. Critics fear that states could use the system to purge large numbers of valid voters from their rolls ahead of the midterm elections.

The decision is bad because the Court should not be getting involved in elections, which the Constitution makes clear is, absence legislative action by Congress, a matter for the states to administer. Trump has in fact been pushing Congress to take such action but has failed to get new laws enacted in spite of a majority in both the Senate and the House. Once again, the conservative Court majority just can’t resist tipping the scales in favor of their president.

On the other hand, the order in Department of Homeland Security v. League of Women Voters is not expected to have much of an impact on this November’s election. That is because states are not required to use the federal system, as they might be is a new federal law was anacted, and there is little interest among local and state election officials for it, because it has mistakenly flagged U.S. citizens as noncitizens in past searches.

The Court majority, clearly embarrassed by criticism of its use of the emergency docket to render significant judgments without explanation has, at least, been writing short explanations in recent actions. In this case they wrote that a lower-court ruling which had blocked the administration from rolling out the system was improper because it inhibited “the federal government’s efforts to assist state and local agencies in the proper administration of the midterm elections.”

The emergency ruling was unsigned and gave no vote count, but the court’s three liberal justices joined in dissent, making the 6-3 party line vote obvious. In that 12-page dissent, Justice Ketanji Brown Jackson wrote that the majority’s decision created the conditions for some states to cancel the voter registrations of at least some recently naturalized citizens or to force them to provide proof of citizenship before voting.

“The harm caused by burdening or disenfranchising even a few lawful voters outweighs the nonexistent harm that the government experiences when it is prevented from taking an action that it likely lacks the authority to take,” she wrote, joined by Justices Sonia Sotomayor and Elena Kagan.

Federal law establishes a 90-day “quiet period” before elections, in which wide-scale changes to state voter rolls cannot be made. The provision is meant to avert last-minute chaos in elections and is expected to prevent states from kicking large numbers of voters off their rolls in the weeks leading up to the midterm. Even the majority recognized that the 90-day rule “limits the potential impact” of the court’s action. However, the majority added that states should have the ability to use the federal system to make inquiries about voters on a case-by-case basis.

The conservatives on the Court could have left this matter alone. But that is not their style. The primary issues remain to be hammered out in the lower courts, as they should be. The real threat will be to the election for president in 2028.

Interestingly, the Court also unanimously blocked a Republican-backed congressional map in Missouri for a third time, People Not Politicians v Robert Onder, reverting the state to its 2022 map boundaries for November. With this action the Supremes rejected an appeal backed by the Republicans and the Trump administration, stating that Missouri must conduct its 2026 congressional election using the 2022 map lines following a state court determination that the newer map required voter referendum approval.

It has been a busy summer for the Court. The regular Court term doesn’t even start until October 5!

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Trump Über Alles

Our petulant little leader has thrown another hissy fit. Donnie Trump has decided he doesn’t want any members of the news media asking questions he doesn’t want to answer, or printing stories he doesn’t like. As his latest attempt to stifle the press, he banned representatives of the cable channels CNN and MSNOW and the web site POLITICO from the White House campus, ordering the US Secret Service to confiscate their press passes. The two cable services immediately setup their cameras across the street.

WIU Professor of Broadcasting emeritus and Instagram commentator Samuel Edsall (@tvsam1) has imagined some mock dialogs which I copy here and which sum up the latest brilliantly:

Trump – “CNN, MS NOW and Politico are banned. They report FAKE NEWS.”
Media – “Name one story that was fake.”
Trump – “You said I’m threatening to demolish the Kennedy Center.”
Media – “You are.”
Trump – “Oh. Well, you guys say bad things about me.”
Media – “Because you do bad things.”
Trump – “Oh.”
Media – “And you lie all the time.”
Trump – “I never lie.”
Media – “That’s our favorite.” 

The rule of law has never meant anything to Trump, and we can expect all three news organizations to file petitions to block him as soon as the courts open for business. For the record, here are the precedents:

Sherrill v. Knight (1977): The U.S. Court of Appeals for the D.C. Circuit ruled that once the White House sets up press facilities, it cannot exclude a credentialed journalist without a compelling reason. The court established that excluded reporters must receive explicit factual notice, a chance to respond, and a written explanation (due process).

CNN v. Trump (2018): When the Trump administration revoked CNN correspondent Jim Acosta’s press pass following a contentious news conference, CNN sued. A federal judge ordered the pass restored, ruling that the sudden revocation violated the reporter’s Fifth Amendment due process rights because the administration’s decision-making process was arbitrary and opaque.

Karem v. Trump (2020): The D.C. Circuit upheld a ruling blocking the Trump administration from suspending the press credentials of Playboy correspondent Brian Karem. The court reaffirmed that due process protections apply to White House press badges and that the government must provide fair notice before attempting discipline.

Associated Press v. Budowich (2025): After the administration restricted AP access to the Oval Office over an editorial naming dispute regarding the Gulf of Mexico, a federal court granted a preliminary injunction finding the selective exclusion amounted to unconstitutional viewpoint discrimination.

Press access to the White House is not the only issue Trump ranted about in the last week. Getting his name on the Kennedy Center for the Performing Arts remains high on his agenda. Here is another Edsall imagined dialog:

Americans – “Can you do something about inflation?”
Trump – “I want my name on the Kennedy Center.
Americans – “How about gas. Diesel is at a record high.”
Trump – “I want my name on the Kennedy Center.”
Americans – “Do you have any exit strategy on the Iran war?
Trump – “The greatest president in the world, ME, needs his name on the Kennedy Center.”
Americans – “Are you hearing anything we say?”
Trump – “I want my name on the Kennedy Center.” 

Trump is not the only person living in a fantasy world. Vice-President and chief supplicant JD Vance has taken to pursing a fascinating line of reasoning as he campaigns on behalf of Republican candidates in the upcoming midterm election. The most recent NBC News poll shows Trump’s sinking ratings threaten to drag down Republicans as voters blame him for high prices and a shaky economy. Vance doesn’t even try to defend the record. He has been reduced to pleading with voters to give the administration more time to make good its promises.

Edsall again:

JD Vance – “Give us another chance. Give us another couple of years to continue to work on all the amazing things we’ve been doing for the past two years.”
America – “You promised no new wars.”
Vance – “Its an excursion.”
America – “He said on day 1 he would end inflation.”
Vance – “Affordability is a hoax.”
America – “He promised to cut our energy bill by 50%.”
Vance – “He did?”
America – “And interest rates.”
Vance – “He said that?”
America – “And end the Ukraine war.”
Vance – “Never mind.” 

Fiction? Fact? Speculation? These days, what’s the difference?

Update 9-21

As predicted, the three news organizations filed a lawsuit against Trump and others demanding their press access to the White House be restored. They have asked for an emergency temporary restraining order. I have uploaded their complaint here.

The case has been assigned to Judge Timothy Kelley. He handled the 2018 lawsuit CNN v. Trump noted above. He has scheduled a hearing for Sept 23.

One of the blocked networks, CNN, was scheduled to be the “pool” covering Trump today and feeding video to all the pool members. With CNN access denied, the pool decided not to cover Trump today as he travels to New York for a speech tomorrow at the United Nations.

Bryan Boughton, the Washington bureau chief at Fox News and the acting chair of the television pool consortium, wrote in a note to pool members on Monday that the decision to halt TV pool coverage “follows the White House’s position preventing CNN from fulfilling its assigned pool duties.” In the note, which was obtained by The New York Times, Boughton wrote that pool coverage of non-presidential events would continue as normal. “We will provide updates as this situation develops,” he wrote.

The New York Times live blog

The five networks that have suspended their pool coverage of President Trump — ABC, CBS, CNN, Fox News, and NBC — just issued a joint statement: “The public has a vital interest in receiving accurate, independent information about its government. No administration should restrict a news organization because it objects to its reporting.”

Michael Grunbaum, Media Reporter, The New York Times

For the first time in my 30 years of covering the White House, the president will not have a network TV camera covering his everyday official actions and travels.

Peter Baker, Chief White House Reporter, The New York Times

Update 9-24

All three media outlets that President Donald Trump banned from the White House were allowed back in Sept. 24 after US District Judge Timothy Kelly, a Trump appointee. ruled that the revocation of their credentials probably violated the Constitution.

Judge Kelly had ordered the administration to respond by 12:30 p.m. ET. CNN, MS NOW and Politico announced that their reporters were let back in just after noon, though many of them were initially denied access in the morning. Micah Stopperich, director of White House press operations, submitted a statement to the court that the press credentials were restored Thursday morning and available for retrieval before 10 a.m.

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The Supremes 2026

The Supreme Court wrapped up its 2025-2026 term with a flood of high-profile decisions announced on June 26, 29, and 30th. The usual end of the session reviews quickly flooded the media. Most watchers of the Supremes tried to frame the session as a win or loss for Donald Trump. Or at least a win or loss for the conservation majority which has dominated the Court in recent years.

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It’s Still the Kennedy Center

A federal judge ruled today that Donald Trump’s name must be removed from the Kennedy Center. The decision says the Trump appointed Kennedy Center Board acted illegally when it voted to add Trump’s name to the Center. The court also ordered a halt to a plan to temporarily close the center for renovations.

U.S. District Judge Christopher Cooper sided with Rep. Joyce Beatty (D-OH), a member of the Kennedy Center’s Board of Trustees, who challenged both the name change and the proposed two-year closure. Her lawsuit, filed last December, argued that “[b]ecause Congress named the center by statute, changing the Kennedy Center’s name requires an act of Congress.”

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John Roberts is …

John Roberts is displeased. John Roberts is exasperated. John Roberts is frustrated. John Roberts is annoyed. John Roberts is irked. John Roberts is any other of the many synonyms my thesaurus suggested instead of the word I originally used, which it found to be “vulgar.”

What has the Chief Justice of the United States in high dudgeon (I thought of that one myself) is the reaction to the Court’s recent decision in Louisiana v. Callais, which drove a stake through the heart of the only section of the Voting Rights Act of 1965 the Court had not previously decimated. With the vote falling along party lines, many critics condemned the decision as racist and political.

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R.I.P. V.R.A.

John Roberts, Chief Justice of the United States, has achieved his life goal. With the Court’s ruling in Louisiana v. Callais, he has killed the Voting Rights Act. Roberts made the destruction of the VRA of 1965 his lifelong crusade. His opposition to the Act dates back to his days as a law clerk for then Associate Justice William Rehnquist. Rehnquist notoriously wrote a memo in 1952 stating, “I think Plessy v. Ferguson was right and should be re-affirmed.” Plessy was the infamous “separate but equal” case institutionalizing racism in public schools. It was overturned by Brown v. Board of Education in 1954.

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