Sarah Sloan, a Columbia Law graduate who clerked for Justice Kagan (and Stevens), told her law school’s alumni magazine that she never thought she’d wind up at the Court until she was encouraged by professors and circuit judges who knew the path well. Her experience underscores how personal recommendations and faculty pipelines remain decisive, even in an…
The Ultimate Guide to Supreme Court Clerk Pipelines
In 1980, a young John Roberts began a clerkship with Chief Justice William Rehnquist. Former colleagues recalled him as “meticulous” and “brilliantly efficient,” and The New York Times later observed that Roberts “stood out for conservative rigor,” his memoranda concise, procedural, and laced with the dry wit that has since defined his judicial writing. That apprenticeship was more…
The Real A.C.B.
[This previously ran on Legalytics Substack] Supreme Court Justice Amy Coney Barrett, once celebrated as a stalwart conservative and a crowning achievement of the Trump presidency, now finds herself under fire from the very base that championed her confirmation. Her recent vote in Department of State v. AIDS Vaccine Advocacy Coalition, where she sided with Chief…
Divided by Principle: How Justices Barrett and Jackson are Shaping the Future of Constitutional Law
Supreme Court oral arguments are more than just legal debates—they’re a high-stakes battleground where justices reveal their philosophies, test the strength of arguments, and sometimes, subtly try to persuade their colleagues. Among the most compelling contrasts on the bench today are Justices Amy Coney Barrett and Ketanji Brown Jackson, two sharp legal minds who approach…
Faith and the First Amendment in the Supreme Court: The Oklahoma Charter School Showdown
The U.S. Supreme Court is set to hear a groundbreaking case that could pave the way for the nation’s first religious charter school. At the heart of the dispute is St. Isidore, a Catholic online school in Oklahoma, challenging a state ruling that blocked its bid to operate as a charter school, raising critical questions…
Special Report: TikTok Supreme Court Arguments
Last week the Supreme Court listened to arguments on the constitutionality the Protecting Americans from Foreign Adversary Controlled Applications Act, which would require TikTok to shut down unless its Chinese parent company, ByteDance, sells it by January 19, 2025, citing national security concerns. TikTok and its users argue that the law infringes on their First…
The Changing Face of Supreme Court Oral Arguments
Background Perhaps more than any other Supreme Court tradition, oral arguments have gone through significant changes over the years. The Supreme Court is as old as the nation even though the first oral arguments were not held until the 1790’s. While presently it may feel like oral argument practice and procedure are relatively static. There…
All About United States v. Skrmetti
Overview Case description: This case concerns a Tennessee law that bans medical treatments for gender dysphoria in transgender adolescents, prohibiting them based on the minor’s sex and gender identity. The law has been challenged on the grounds that it discriminates based on sex and transgender status, and its validity is contested amid a wave of…
Introducing Legalytics Substack
What is Legalytics? There are tons of talking heads that provide legal analysis. You can turn to the left, right, and center and there are pundits who speak to your political profile. Legalytics is something different. It aims to provide balanced analysis of the law but equally important is that it strives to provide a different…
The Final Five? Trump’s Next Potential Nominees to the Supreme Court
Former President and current President Elect Donald Trump appointed 234 judges during his first term. Three of these were to the United States Supreme Court. This is quite unique on several levels. Only three presidents, Ronald Reagan, Richard Nixon, and Dwight Eisenhower had three or more confirmed nominees since 1950 (Eisenhower had five in two…
Mirroring the Justices’ Styles
Writing Style is clearly important to the Supreme Court Justices. Not only are the justices cognizant of the writing styles in briefs, but they are also attuned to the writing styles of other judges and justices. Justices past and present discussed this and other matters in interviews with legal writing specialist Bryan Garner for the…
Empirical SCOTUS 