The battle over birthright citizenship is a battle over its exceptions. The 14th Amendment’s first sentence proudly proclaims ...

On this day in 1857, the Supreme Court released its opinion in Dred Scott v. Sandford, holding that Scott, an enslaved man who spent time in free territory, was not […] ...

Ratio Decidendi is a recurring series by Stephanie Barclay exploring the reasoning – from practical considerations to deep ...

The Supreme Court heard oral argument on Tuesday in Hunter v. United States about what exceptions exist to federal defendants’ waivers of their right to appeal. The justices seemed poised […] ...

Justice Clarence Thomas’ virtual appearance last week at a legal conference in Washington, D.C. brought renewed attention to court security. Thomas had originally planned to attend in person,  but he ...

The problem is the trial court decision in Malliotakis is not a “final judgment or decree rendered by the highest Court of a State in which a decision could be had.” The highest court would be the New ...