Legal reporter Supreme Court, lower courts, law. Now mostly retired after 72 years in news business. Still paying attention, though.
Joined August 2009
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With only 2 dissents, SCt gives firm legal protection to scores of Venezuelan migrants facing swift deportation by Trump team. Court doesn’t wait for lower courts to finish spelling out rights. Details at:
lyldenlawnews.com/2025/05/16…
SCt at historic hearing today seems eager to face constitutionality of Trump's birthright citizenship curb, even though that is not technically at issue. Watch for early order on what comes next. Details at:
lyldenlawnews.com/2025/05/15…
Tomorrow at 10, SCt goes to the bench for a special hearing, on the Trump ExOrder seeking to narrow birthright citizenship. Here is a link to a listener's guide for the broadcast of the audio:
lyldenlawnews.com
The Supreme Court, babies and citizenship
For the first time, a court has issued a final ruling that bars Trump Admin. from deporting non-citizens by using powers under a 1798 law. An appeal of the Texas judge's ruling is almost a certainty. Details at:
lyldenlawnews.com/2025/05/02…
Hard to explain lineup in today's SCt ruling on benefits to fed employees who lose pay b/c called to active military duty: Sotomayor with 4 conservatives in majority favoring more generous result, Kagan and Jackson w/ Ct's 2 most conservatives JJ in dissent.
There is another puzzling thing, this in Thomas dissent. On p. 4, at end of recital of lower ct procdgs, he says: "We granted cert." That's usually what maj. opin. says. Cud it be this was once the majority opin., & someone switched? Who wd hv opted to be less generous to vets?
Very good amicus filed in SCt birthright citizenship case by GWU prof. Alan Morrison. Faults DOJ for seeking stay with no arg. on the merits -- usually needed as part of plea for a stay. Brief filed 4-25 at SCt docket no. 24A884.
Three weeks out from the special SCt hearing on birthright citizenship, how is that controversy shaping up? Does the SCt even have the power to decide? Details at:
lyldenlawnews.com/2025/04/25…
Pres. Trump is talking again about firing the Fed chair, Jerome Powell. That threat hangs over a pending SCt case on the broad question of presidential power to fire such officials. Details at:
lyldenlawnews.com/2025/04/18…
SCt today set a hearing for May 15 on Trump Admin. Appeals on birthright citizenship issue. Will the Court use this to rule broadly, or only narrowly? Those issues explored at:
lyldenlawnews.com/2025/04/17…
Lawfare's Roger Parloff demolishes Trump Admin claim that Abrego Garcia was member MS-13 gang. But Roger may over-state SCt action: it told govt. to seek his "release from custody" but did not go on, as J. Xinis had, to mandate "return." That's fair read, but doesn't say that.
President Trump seems to be saying it is up to El Salvador to decide what to do with migrants sent illegally there from US incl. a Maryland man. What's going on here? Details at:
lyldenlawnews.com/2025/04/13…
Someone on here (can't figure out who) said nice things here about my work re SCt. Nicest part was they wished me well on 92d birthday. Special thanks for giving me back, unspent, 2 years.
Much impressed w/ Prof. Kreis essay on state prosecution of natinoal election "coups." Since fn 28 limits his points by not dealing with Pres'l immunity, I look forward to a whole new essay on that point.
SCt, in a major ruling on immigrants' rights, decides 9-0 that Trump Admin. must take unspecified steps to return from an El Salvador prison a Maryland illegally sent there. Details at:
lyldenlawnews.com/2025/04/11…
For the first time in any of the Trump Admin's appeals to SCt, it asked the Court to rule this term on a rapid schedule the constl. issue of President's power to fire Exec Branch officials. Details at:
lyldenlawnews.com/2025/04/09…
Dividing 5-4, in compromise ruling, SCt stops Judge Boasberg efforts to prevent secret deportations of foreign nationals but gives those threatened with removal new legal rights. Details at:
lyldenlawnews.com/2025/04/07…
SCt's growing habit of using emergency matters (like stays) to make major declarations being imitated more by lower courts. See J. Walker and J. Henderson on presidential removal power (CADC cases 25-5037 and 25-5057) yesterday. Humphrey's Executor precedent cut to a mere shadow.
Yesterday's SCt ruling allowing some government control of home-assembled guns is exceedingly narrow. It is important, though. Explained in detail at:
lyldenlawnews.com/2025/03/27…