On The Docket - The George Washington Law Review

Ours is a jurisprudence of constant change—and the Supreme Court is at the center of it. Recognizing the need to stay current with rapidly evolving areas of the law, The George Washington Law Review is proud to host a platform for scholastic exchange on Supreme Court decisions: On the Docket. This forum features responsive legal commentary on Supreme Court opinions as they are released. We invite members of the bench, the bar, and the academy to contribute to the discussion. With a strong tradition of promoting intellectual discourse, our goal is to provide timely insight on the present-day development of the law.

October Term 2024

Seven County Infrastructure Coalition v. Eagle County: All of a Sudden, Sweeping Deference to Federal Agencies is a “Bedrock Principle”

10 Jun 2025

June 10, 2025 Seven County Infrastructure Coalition et al. v. Eagle County, Colorado, 605 U.S. ____ (2025) (Kavanaugh, J.) Response by Robert L. Glicksman Geo....

The Cost of a Lie: Kousisis Affirms Criminal Fraud Liability Without Economic Harm

10 Jun 2025

June 10, 2025 Kousisis et al. v. United States, 605 U.S. ____, 145 S. Ct. 1382 (2025) (Barrett, J.) Response by Jessica Tillipman Geo. Wash....

Supreme Court Affirms Lawlessness of the Removal of Kilmar Abrego Garcia

18 Apr 2025

April 18, 2025 Kristi Noem, Secretary, Department of Homeland Security, et al. v. Kilmar Armando Abrego Garcia, et al., 601 U.S. ____ (2025) (Roberts, C.J.,...

Previews for the 2024 October Term of the Supreme Court

09 Oct 2024

As the 2024 Supreme Court term gets underway, several pivotal cases are set to challenge and refine existing legal precedents across a wide range of...

United States v. Rahimi: Resisting the “Suicide Pact” For Now

13 Aug 2024

August 13, 2024 United States v. Rahimi, 602 U.S. ___, No. 22-915 (June 21, 2024) Response by Professors Mary Anne Franks and Joan Meier Geo. Wash. L. Rev. On the Docket (Oct. Term 2023) Slip Opinion | SCOTUSblog United States v. Rahimi: Resisting the “Suicide Pact” for Now In 1949...

SEC v. Jarkesy: Agencies Cannot Adjudicate Most Civil Penalty Disputes

10 Jul 2024

July 10, 2024 SEC v. Jarkesy, 603 U.S. ___, No. 22-859 (June 27, 2024) Response by Professor Richard Pierce Geo. Wash. L. Rev. On the Docket (Oct. Term 2023) Slip Opinion | SCOTUSblog SEC v. Jarkesy: Agencies Cannot Adjudicate Most Civil Penalty Disputes The Securities and Exchange Commission (SEC) has...

Fischer v. United States: A Supposedly Textualist Court Ignores the Text

09 Jul 2024

On January 6, 2021, Trump supporters attacked the U.S. Capitol to disrupt the certification of Joe Biden's election victory. In Fischer v. United States, the Supreme Court controversially ruled that these actions did not violate the law against obstructing official proceedings. Professor Eliason argues this decision contradicts both the statute's plain language and common sense.

Loper Bright Enterprises v. Raimondo: Chevron is Dead; Long Live Skidmore

08 Jul 2024

Professor Pierce discusses the Supreme Court's landmark decision in Loper Bright Enterprises v. Raimondo, which overturns the Chevron deference doctrine. The ruling shifts the emphasis to independent judicial interpretation of statutes, moving away from automatic deference to agency interpretations. This change aligns with the principles of Skidmore v. Swift & Co., promoting a more nuanced approach to judicial review while still respecting agency expertise.

The Court Sidesteps Immigration Federalism Feud, For Now

21 Apr 2024

It won't be long before the Supreme Court get the last word on Texas's aggressive attempt to take immigration enforcement into its own hands.

Previews for the 2023 October Term of the Supreme Court

18 Dec 2023

After a consequential two years in which the law of gun rights, substantive due process, religious liberty, and affirmative action, among others, was made anew, the Supreme Court's October 2023 Term features a wide array of cases that will refine the scope of its "history and tradition" approach in the Second Amendment context, contemplate the intersection of social media and the First Amendment, reconsider the foundations of the modern administrative state, and much more.

October Term 2022

National Pork Producers Council v. Ross: A Win for Farmed Pigs

20 Dec 2023

Joan E. Schaffner, Kathy Hessler, and Iselin Gambert examine the Supreme Court's decision in National Pork Producers v. Ross and its broader implications on animal welfare laws.

Schutte & Polansky: Shifting the Landscape of False Claims Act Litigation & Compliance

18 Aug 2023

The Supreme Court made waves in the False Claims Act litigation and compliance world this term, affirming the government's near unfettered dismissal authority and eliminating a key defense in cases involving ambiguous statutes or regulations.

A State Court Trial Judge’s Thoughts on Samia v. United States: Not Entirely Consistent with Crawford v. Washington

06 Aug 2023

Samia promotes judicial economy at the cost of the Sixth Amendment’s right of confrontation.

The Surprising Success of the Alabama Plaintiffs in the Voting Rights Case Allen v. Milligan

05 Aug 2023

In the recent Supreme Court term, the conservative majority on the Court prevailed on a significant number of controversial decisions. In the area of minority voting rights, however, the Court surprised experienced observers by ruling in favor of Alabama minority plaintiffs in a major redistricting case.

How Stalking Became Free Speech: Counterman v. Colorado and the Supreme Court’s Continuing War on Women

28 Jul 2023

The Counterman decision suggests that when it comes to women’s speech and safety, the more intractable problem with the current Supreme Court is not the forces that divide it, but those that unite it.

The Real and the Phantom 303 Creative: Which Is More Dangerous?

25 Jul 2023

Professor Catherine J. Ross emphasizes the majority's narrow holding over the dissent's parade of horribles in response to 303 Creative v. Elenis.

Biden v. Nebraska: The President Cannot Cancel Student Loans

05 Jul 2023

The majority held that the President and Secretary of Education lacked authority to cancel student debts. They could have stopped there. They did not.

After the Students for Fair Admissions Cases, Affirmative Action Is Unconstitutional in Both Public and Private Schools

03 Jul 2023

The immediate effect is that affirmative action is now unconstitutional. The ripple effects will unfold over a period of decades.

Plaintiffs and Precedent Win the Day in Norfolk Southern Case

03 Jul 2023

Despite its unexpected path to the high court, Norfolk Southern strengthens plaintiffs’ ability to sue companies in the forum of their choice, and provides a surprise boost to the beleaguered doctrine of stare decisis.

Santos-Zacaria v. Garland: Amid Little Fanfare, the Court Allows Transgender Asylum Seeker to Continue Her Bid for Protection

21 Jun 2023

A legal victory for transgender asylum seeker Estrella Santos-Zacaria.

Sackett v. EPA: The Court Delivers Another Massive Blow to Federal Environmental Law

26 May 2023

The current Supreme Court is not a friend of the administrative state.

Preview of the November 2022 Supreme Court Arguments

16 Nov 2022

October 31 Students for Fair Admissions, Inc. v. University of North Carolina No. 21-707, M.D.N.C. Preview by Rebekah Bass, Member Can race-conscious admissions policies stand up to the strict scrutiny of the Fourteenth Amendment? That is the issue presented in Students for Fair Admissions, Inc. v. University of North Carolina....

Preview of Sackett v. EPA

05 Nov 2022

October 3 Sackett v. Environmental Protection Agency No. 21-454, 9th Cir. Preview by Robert L. Glicksman, J.B. & Maurice C. Shapiro Professor of Law, George Washington University Law School When do wetlands qualify as “waters of the United States” subject to regulation under the federal Clean Water Act (the CWA...

Preview of the October 2022 Supreme Court Arguments

02 Nov 2022

October 3 Delaware v. Pennsylvania and Wisconsin No. 22-1045, Original Preview by John Tuley, Member In Delaware v. Pennsylvania and Wisconsin, the Court will decide whether MoneyGram’s “Official Checks,” which are used to pay third parties, constitute a “money order, traveler’s check, or other similar written instrument (other than a...

Kennedy v. Bremerton School District – A Sledgehammer to the Bedrock of Nonestablishment

26 Jul 2022

July 26, 2022 Kennedy v. Bremerton School District, 142 S. Ct. 2407 (2022) (Gorsuch, J.) Response by Ira C. Lupu & Robert W. Tuttle Geo. Wash. L. Rev. On the Docket (Oct. Term 2021) Slip Opinion | SCOTUSblog Kennedy v. Bremerton School District – A Sledgehammer to the Bedrock of Nonestablishment [A...

Carson v. Makin and the Dwindling Twilight of the Establishment Clause

01 Jul 2022

July 1, 2022 Carson v. Makin, 142 S. Ct. 1987 (2022) (Roberts, C.J.) Response by Ira C. Lupu & Robert W. Tuttle Geo. Wash. L. Rev. On the Docket (Oct. Term 2021) Slip Opinion | SCOTUSblog Carson v. Makin and the Dwindling Twilight of the Establishment Clause In Carson v. Makin, the...

United States v. Vaello Madero and the Insulation of the Insular Cases

24 May 2022

May 24, 2022 United States v. Vaello-Madero, 142 S. Ct. 1539 (2022) (Kavanaugh, J.) Response by Cori Alonso-Yoder† Geo. Wash. L. Rev. On the Docket (Oct. Term 2021) Slip Opinion | SCOTUSblog United States v. Vaello Madero and the Insulation of the Insular Cases In 2017, sixty-three-year-old Jose Luis Vaello-Madero’s world was...

Preview of the Late March 2022 Supreme Court Arguments

28 Mar 2022

March 28 Southwest Airlines, Co. v. Saxon 21-309, 7th Cir. Preview by Erica Hackett, Online Editor The issue in Southwest Airlines, Co. v. Saxon is whether airline baggage ramp supervisors are exempt from the Federal Arbitration Agreement (FAA). The FAA requires that courts enforce arbitration agreements, however it exempts “contracts...

Copyright’s Legal Mistake

22 Mar 2022

March 22, 2022 Unicolors, Inc v. H&M Hennes & Mauritz, LP, 142 S. Ct. 941 (2022) (Breyer, J.) Response by Jasper L. Tran† Geo. Wash. L. Rev. On the Docket (Oct. Term 2021) Slip Opinion | SCOTUSblog Copyright’s Legal Mistake Not every Supreme Court case is monumental.1 While some have certainly changed...

Preview of the March 2022 Supreme Court Arguments

21 Mar 2022

March 21 Berger v. North Carolina State Conf. of NAACP 21-248, 4th Cir. Preview by Erica Hackett, Online Editor The issue in this case is whether the President Pro Tempore of the North Carolina State Senate and the Speaker of the State House may intervene in litigation regarding a North...

Preview of the February 2022 Supreme Court Arguments

22 Feb 2022

February 22 Denezpi v. United States No. 20-7622, 10th Cir. Preview by Reid Ostrom, Online Editor The Double Jeopardy Clause of the Fifth Amendment provides that no person shall “be subject for the same offence to be twice put in jeopardy of life or limb.” U.S. Const. amend. V. In...

Preview of the January 2022 Supreme Court Arguments

07 Jan 2022

January 10 Gallardo v. Marstiller No. 28-1263, 11th Cir. Preview by Jacob Orgel, Online Editor In Gallardo v. Marstiller, the Supreme Court is set to determine the extent of third-party tort liability state that Medicaid agencies can tap into for recovery on medical expenses provided to Medicaid recipients. Petitioner Gianna...

Preview of the December 2021 Supreme Court Arguments

01 Dec 2021

December 1 Dobbs v. Jackson Women’s Health Organization No. 19-1392, 5th Cir. Preview by Joshua Keyser, Senior Online Editor In Dobbs v. Jackson Women’s Health Organization, the Supreme Court will consider what is already being called the “most important abortion case in a generation.” Edward Whelan, John Roberts and the...

Preview of the November 2021 Supreme Court Arguments

02 Nov 2021

The Supreme Court’s November calendar has been in flux as litigation surrounding the controversial Texas statute S.B. 8 has raced to the Court’s attention. Be sure to check this post for updates, as future shifts in the calendar may well be in store. November 2 Houston Community College System v....

Preview of the October 2021 Supreme Court Arguments

04 Oct 2021

For the first time in a year and a half, the Supreme Court will convene to hear oral arguments in person! Justice Kavanaugh has reportedly tested positive for COVID-19 despite being vaccinated, but oral arguments are still scheduled to proceed as planned. October 4 Mississippi v. Tennessee No. 143, Original...

Personal Jurisdiction in Climate Change Common Law Litigation Post-Ford

06 Oct 2021

October 6, 2021 Ford Motor Company v. Montana Eighth Judicial District Court, 592 U.S. ___ (2021) (Kagan, J.). Special Edition Response by Jonathan Remy Nash† Geo. Wash. L. Rev. On the Docket (Oct. Term 2020) Slip Opinion | SCOTUSblog Personal Jurisdiction in Climate Change Common Law Litigation Post-Ford A Special Edition Response...

Losing the “Right” Way Preserves the Narrow Scope of the Alien Tort Statute

31 Jul 2021

July 31, 2021 Nestle USA, Inc. v. Doe, 593 U.S. ___ (2021) (Thomas, J.). Special Edition Response by Ralph G. Steinhardt1 Geo. Wash. L. Rev. On the Docket (Oct. Term 2020) Slip Opinion | SCOTUSblog Losing the “Right” Way Preserves the Narrow Scope of the Alien Tort Statute: NESTLE USA, INC., v....

NCAA v. Alston: Unanswered Questions About the Future of College Sports—and the Antitrust Rule of Reason

10 Jul 2021

Important questions remain after the Supreme Court's Decision in NCAA v. Alston.

One “Vulgar” Cheerleader Vindicated—But Other Students May Still Face Discipline for Off-Campus Speech

07 Jul 2021

July 8, 2021 Mahanoy Area School District v. B.L., 594 U.S. __ (2021) (Breyer, J.) Response by Catherine J. Ross Geo. Wash. L. Rev. On the Docket (Oct. Term 2020) Slip Opinion | SCOTUSblog One “Vulgar” Cheerleader Vindicated—But Other Students May Still Face Discipline for Off-Campus Speech (An earlier version...

Unconstitutional Appointment of Patent Death Squad

29 Jun 2021

June 29, 2021 United States v. Arthrex Inc., 594 U.S. __ (2021) (Roberts, C.J.) Response by Jasper L. Tran Geo. Wash. L. Rev. On the Docket (Oct. Term 2020) Slip Opinion | SCOTUSblog Unconstitutional Appointment of Patent Death Squad Can legal scholarship change the law?1 Apparently so—a recent exemplar appears...

Two Surprises in Fulton v. City of Philadelphia – A Unanimous Outcome and the Enduring Quality of Free Exercise Principles

21 Jun 2021

June 21, 2021 Fulton v. City of Philadelphia, Pennsylvania, 593 U.S. ____ (2021) (Roberts, C.J.) Response by Ira C. Lupu & Robert W. Tuttle Geo. Wash. L. Rev. On the Docket (Oct. Term 2020) Slip Opinion | SCOTUSblog Two Surprises in Fulton v. City of Philadelphia – A Unanimous Outcome...

AMG Capital Management, LLC v. FTC—It’s Unanimous: Injunction Means Injunction (and Nothing More)

26 May 2021

May 26, 2021 AMG Capital Management, LLC v. FTC, 593 U.S. ____ (2021) (Breyer, J.) Response by Caprice Roberts & David Levintow Geo. Wash. L. Rev. On the Docket (Oct. Term 2020) Slip Opinion | SCOTUSblog AMG Capital Management, LLC v. FTC—It’s Unanimous: Injunction Means Injunction (and Nothing More) The...

A Car, A Contract… Or An Indictment?

25 May 2021

May 25, 2021 Niz-Chavez v. Garland, 593 U.S. ___ (2021) (Gorsuch, J.). Response by Ana Corina “Cori” Alonso-Yoder Geo. Wash. L. Rev. On the Docket (Oct. Term 2020) Slip Opinion | SCOTUSblog A Car, A Contract… Or An Indictment? Conservatives split on the meaning of deportation documents in Niz-Chavez v....

Authors Jasper Tran and Kristen C.A. Kido

Google v. Oracle: Copying Declaring Code Is Fair Use

18 Apr 2021

April 18, 2021 Google LLC v. Oracle America, Inc., 583 U.S. __ (2021) (Breyer, J.). Response by Jasper L. Tran & Kristen C.A. Kido Geo. Wash. L. Rev. On the Docket (Oct. Term 2020) Slip Opinion | SCOTUSblog Google v. Oracle: Copying Declaring Code Is Fair Use Not all code...

Preview of the Late March 2021 Supreme Court Arguments

22 Mar 2021

Previews of Cedar Point Nursery v. Hassid, U.S. v. Cooley, Caniglia v. Strom, Goldman Sachs Grp, Inc. v. Ark. Teacher Ret. Sys., TransUnion LLC v. Ramirez, and Nat’l Collegiate Athletic Ass’n v. Alston.

Uzuegbunam v. Preczewski: Nominal Standing and the Lone Dissenter

16 Mar 2021

Long ago, the Supreme Court invalidated presumed general damages to compensate for the inherent value of the constitutional rights. Could the Uzuegbunam decision signal deeper respect for dignitary harms?

Carney v. Adams: Standing on Unaffiliated Voters’ Rights

13 Mar 2021

The Court’s decision here tramples over the rights of unaffiliated and third-party voters.

Preview of the February/March 2021 Supreme Court Arguments

21 Feb 2021

February 22 Florida v. Georgia No. 142, Original Preview by Austin Martin, Senior Online Editor This case concerns a decades-long dispute over rights to the waters flowing from Georgia into Florida’s Apalachicola Bay. The states previously reached the Supreme Court in 2018 when Florida claimed that its portion of the...

Preview of the January 2021 Supreme Court Arguments

09 Jan 2021

January 11 Pham v. Guzman Chavez No. 19-897, 4th Cir. Preview by Nick Contarino, Online Editor The Immigration and Nationality Act (“INA”) sets out a comprehensive scheme for the detention and removal of noncitizens unlawfully located in the territory of the United States. 8 U.S.C. § 1101 et seq. (2018) The...

Preview of the December 2020 Supreme Court Arguments

27 Nov 2020

November 30 Trump v. New York No. 20-366, S.D.N.Y. Preview by Emma Eisendrath, Member Members of the U.S. House of Representatives are apportioned based on population counts conducted every ten years. This case is about whether apportionment calculations may exclude undocumented immigrants. On July 21, 2020, President Trump issued a...

Preview of the November 2020 Supreme Court Arguments

30 Oct 2020

November 2 U.S. Fish & Wildlife Service v. Sierra Club, Inc. No. 19-547, 9th Cir. Preview by Nick Contarino, Online Editor The Environmental Protection Agency (“EPA”) submitted a regulation to the Fish and Wildlife Service and National Marine Fisheries Service (“Services”) for the Services’ review under the Endangered Species Act...

Preview of the October 2020 Supreme Court Arguments

04 Oct 2020

October 5 Carney v. Adams No. 19-309, 3d Cir. Preview by Austin Martin, Senior Online Editor Delaware’s Constitution requires that the judiciary be politically balanced. The “bare majority provision” restricts Delaware’s three business courts—the Supreme Court, Superior Court, and Court of Chancery—from individually or collectively having more than a single-judge...

McGirt v. Oklahoma: A Victory for Native Women

20 Jul 2020

As Native women, we know the fight for the borders of our Tribal Nations is inextricably linked to the fight to preserve our lives.

Little Sisters of the Poor v. Pennsylvania: The Misuse of Complicity

19 Jul 2020

When is an entity complicit in acts that it deems sinful but are performed, or potentially performed, by others?

Chiafalo v. Washington: Presidential Elections Are Messy Enough Already

12 Jul 2020

In Chiafalo, the Supreme Court averted electoral chaos. This November, it may need do so again.

The Bottom Lines in the Trump Subpoena Cases: More Losses Than Wins for the President, but No One Is Going to See His Tax Returns Soon

09 Jul 2020

Congress now has a roadmap that it can follow when it wants to obtain documents from the public at large, as well as the executive branch.

The 2020 Ministerial Exception Cases: A Clarification, Not a Revolution

09 Jul 2020

Morrissey-Berru is a reassuring nod toward the continuity of a principle long rooted in the American tradition of church-state separation.

June Medical Services v. Russo: A Temporary Victory for Reproductive Rights

05 Jul 2020

Stare decisis, it seems, is in the eye of the beholder.

Seila Law v. Consumer Financial Protection Bureau: Score One for The Unitary Executive Theory

03 Jul 2020

This is not an argument that a presidential firing is necessarily the only way for this issue to be decided, but only that there was no reason to reach out to decide a constitutional issue when the parties did not disagree and when principles of constitutional avoidance pushed in the opposite direction.

Espinoza: Roberts v. Thomas on the Future of Religious Liberty Jurisprudence

02 Jul 2020

Many conservative commentators have agreed with Secretary of Education Betsy DeVos, who called the decision “a historic victory.” It was a victory for those who would like government to support religious education, but it was not nearly as historic as it could have been.

United States Patent and Trademark Office v. Booking.com B.V.: How Do We Know When Something Is a Name?

02 Jul 2020

The Court’s opinion isn’t as straightforward as it purports to be.

Regents of Univ. of Calif.: Trump Administration Held Accountable by the APA but a Missed Opportunity for the Constitution

24 Jun 2020

With this case, the Court’s discomfort with directly confronting race and racial animus was on full display.

Bostock, Zarda, and R.G & G.R. Harris Funeral Homes: Affirming Equality and Challenging Textualism

18 Jun 2020

If the Justices cannot agree on the meaning of “because of sex” in a statute enacted or amended in their lifetimes, then it is difficult to conclude that textualism can resolve legal disputes.

U.S. Forest Service v. Cowpasture River Preservation Association: A Limited—and Perhaps Hollow—Victory for a Pipeline

18 Jun 2020

The Supreme Court took up a brainteaser of statutory construction involving the jurisdictional boundaries between the U.S. Forest Service and the National Park Service.

On the Docket’s Preview of the May Supreme Court Arguments

03 May 2020

This month’s oral arguments are truly historic. Due to the COVID-19 pandemic, the Court will not be meeting in person, but rather hearing arguments remotely via telephone, where the Justices will ask questions in order of seniority. Most intriguing, this month’s arguments will be available for live streaming—an unprecedented move...

RNC v. DNC: Absentee Voters and the Partisan Pandemic

13 Apr 2020

As it happened, the election results, when released April 13, surprised most observers. Nevertheless, the Supreme Court’s decision in RNC v. DNC is, to put it politely, paradoxical.

Kansas v. Glover: Just Common Sense?

13 Apr 2020

We have no idea why Officer Mehrer decided to check on Glover’s license plate. Might it matter after all? Can a jurisdiction instruct its officers to run the license plate of every automobile they come across and to assume that any owner whose license has been suspended or revoked should be stopped to see if the owner is driving? What is the common-sense answer?

It Could Have Been Worse, But a Statute Designed to “Break Down All Discrimination” Against African Americans Deserves Better than Comcast Corporation v. National Association of African American-Owned Media

09 Apr 2020

The year after the Civil War, the federal government made a commitment to Black people in this country. In simple but sweeping language, the Civil Rights Act of 1866 mandates that “[a]ll persons within the jurisdiction of the United States shall have the same right . . . to make and enforce contracts . . . as is enjoyed by white citizens.”

Allen v. Cooper: States Stay Copyright Pirates

05 Apr 2020

“Who are today’s pirates?”

Kahler v. Kansas: Narrowing the Insanity Defense

01 Apr 2020

Could a state now abolish both prongs of the M’Naghten standard (or any variants thereof)? Could a state reject any formulation of an insanity defense and bar evidence of insanity at trial entirely?

Kansas v. Garcia: The Court Greenlights State Prosecutions of Unauthorized Workers

12 Mar 2020

Propelled to office on his celebrity and a populist platform, the Republican president’s “Make America Great Again” slogan rallied his conservative base and positioned him to sign sweeping immigration legislation during his second term in office. If that last bit sounds off, it may help to clarify that the president in question was Ronald Reagan, the year was 1986, and the legislation was the Immigration Reform and Control Act (IRCA).

On the Docket’s Preview of the March Supreme Court Arguments

01 Mar 2020

March 2 Nasrallah v. Barr No. 18-1432, 11th Cir. Preview by Megan Walden In Nasrallah v. Barr, the Court will resolve a long-standing circuit split in immigration law and determine whether the Court of Appeals has jurisdiction to review findings of fact in denials of withholding and deferral of removal...

On the Docket’s Preview of the February Supreme Court Arguments

20 Feb 2020

February 24 United States Forest Service v. Cowpasture River Preservation Association; Atlantic Coast Pipeline, LLC v. Cowpasture River Preservation Association No. 18-1584 & 18-1587, 4th Cir. Preview by Taylor Dowd, Senior Online Editor Is the Appalachian Trail, the 2,200-mile-long stretch running from Georgia to Maine, “land,” or just a footpath...

On the Docket’s Preview of the January Supreme Court Arguments

13 Jan 2020

January 13 Lucky Brand Dungarees v. Marcel Fashion Group No. 18-1086, 2d Cir. Preview by Michael Fischer, Online Editor Lucky Brand Dungarees and Marcel Fashion group are two competitors within the apparel industry who each own various trademarks using the term “Lucky.” In 2001, Marcel sued Lucky Brand alleging that...

On the Docket’s Preview of the December Supreme Court Arguments

30 Nov 2019

December 2 New York State Rifle and Pistol Association Inc. v. City of New York, New York No. 18-280, 2d Cir. Preview by Michael Fischer, Online Editor In the State of New York, an individual may not possess a firearm without a license. In order to keep a handgun in...

On the Docket’s Preview of the November Supreme Court Arguments

30 Oct 2019

November 4 Barton v. Barr No. 18-725, 11th Cir. Preview by Nicholas Drews Andre Barton, a citizen of Jamaica, was admitted to the United States in May 1989 and became a lawful permanent resident in 1992. Barton was arrested in January 1996 and convicted of aggravated assault, criminal damage to...

On the Docket’s Preview of the October Supreme Court Arguments

06 Oct 2019

October 7 Kahler v. Kansas No. 18-6135, Kan. Preview by Michael Fischer, Online Editor In response to several high-profile cases wherein defendants were found not guilty by reason of insanity, the State of Kansas passed legislation in 1995 which effectively abolished the insanity defense for criminal defendants. Thirteen years later,...

Did The Supreme Court Just Suppress Speech in the Interest of Protecting The First Amendment? Iancu v. Brunetti

18 Jul 2019

July 18, 2019 Iancu v. Brunetti, 588 U.S. ___ (2019) (Kagan, J.). Response by Roger E. Schechter Geo. Wash. L....

What’s Past is Prologue: The Importance of History in Flowers v. Mississippi

10 Jul 2019

July 10, 2019 Flowers v. Mississippi, 588 U.S. ___ (2019) (Kavanaugh, J.). Response by Robin M. Maher Geo. Wash. L....

North Carolina Department of Revenue v. Kaestner 1992 Family Trust: No Tax Due, But No Path for the Next Cases

08 Jul 2019

July 8, 2019 North Carolina Department of Revenue v. Kaestner 1992 Family Trust, 588 U.S. ___ (2019) (Sotomayor, J.). Response...

Kisor v. Wilkie: A Reprieve for Embattled Administrative State?

03 Jul 2019

July 3, 2019 Kisor v. Wilkie, 587 U.S. ___ (2019) (Kagan, J.). Response by Robert L. Glicksman Geo. Wash. L....

Tennessee Wine & Spirits Retailers Ass’n v. Thomas: Local Protectionism Loses Out

02 Jul 2019

July 2, 2019 Tennessee Wine & Spirits Retailers Association v. Thomas, 588 U.S. ___ (2019) (Alito, J.). Response by Alan...

The Bladensburg Cross Decision – A Twisted Cross and the Remaking of Establishment Clause Standards

01 Jul 2019

July 1, 2019 The American Legion v. American Humanist Association, 588 U.S. ___ (2019) (Alito, J.). Response by Ira C....

Herrera v. Wyoming: A New Trend for Indian Law?

11 Jun 2019

June 11, 2019 Herrera v. Wyoming, 587 U.S. ___ (2019) (Sotomayor, J.). Response by Monte Mills Geo. Wash. L. Rev. On...

When Is a Defendant Not a Defendant? Home Depot U.S.A, Inc. v. Jackson

11 Jun 2019

June 11, 2019 Home Depot U.S.A., Inc. v. Jackson, 587 U.S. ___ (2019) (Thomas, J.). Response by Alan B. Morrison Geo....

Franchise Tax Board v. Hyatt: An Unnecessary Overruling

21 May 2019

May 21, 2019 Franchise Tax Board v. Hyatt, 587 U.S. ___ (2019) (Thomas, J.). Response by Alan B. Morrison Geo. Wash....

Is Transmission of Electricity a “Governmental Function?” Thacker v. Tennessee Valley Authority

10 May 2019

May 10, 2019 Thacker v. Tennessee Valley Authority, 587 U.S. ___ (2019) (Kagan, J.). Response by Richard J. Pierce, Jr. Geo....

Is the Court Encouraging Agencies to Rely on Junk Science? Biestek v. Berryhill

23 Apr 2019

April 23, 2019 Biestek v. Berryhill, 587 U.S. ___ (2019) (Kagan, J.). Response by Richard J. Pierce, Jr. Geo. Wash. L....

Bucklew v. Precythe: The Supreme Court’s Tortured Death Penalty Jurisprudence

17 Apr 2019

April 17, 2019 Bucklew v. Precythe, 587 U.S. ___ (2019) (Gorsuch, J.). Response by John D. Bessler Geo. Wash. L. Rev....

On the Docket’s Preview of the April Supreme Court Arguments

15 Apr 2019

April 15 Iancu v. Brunetti No. 18-302, Fed. Cir. Preview by Boseul (Jenny Jeong), Online Editor This case arose out...

Crossing the River: Lorenzo v. Securities and Exchange Commission

02 Apr 2019

April 2, 2019 Lorenzo v. SEC, 586 U.S. ___ (2019) (Breyer, J.). Response by Theresa A. Gabaldon Geo. Wash. L....

Defining “the”: In Nielsen v. Preap the Court relies on language arts to justify detention of immigrants

01 Apr 2019

April 1, 2019 Nielsen v. Preap, 586 U.S. ___ (2019) (Alito, J.). Response by Cori Alonso-Yoder Geo. Wash. L. Rev....

On the Docket’s Preview of the March Supreme Court Arguments

18 Mar 2019

March 18 Virginia House of Delegates v. Bethune Hill No. 18-281, E.D. Va. Preview by Sean Lowry, Online Editor* In Virginia...

What If the World Bank Financed Human Rights Violations: Jam v. International Finance Corporation

11 Mar 2019

March 11, 2019 Jam v. International Finance Corporation, 586 U.S. ___ (2019) (Roberts, C.J.). Response by Ralph G. Steinhardt Geo....

What Timbs Does Not Say

07 Mar 2019

March 7, 2019 Timbs v. Indiana, 586 U.S. ___ (2019) (Ginsburg, J.). Response by Suja A. Thomas Geo. Wash. L....

On the Docket’s Preview of the February Supreme Court Arguments

18 Feb 2019

February 19 Return Mail, Inc. v. United States Postal Service No. 17-1594, Fed. Cir. Preview by Michelle Divelbiss, Online Editor...

On the Docket’s Preview of the January Supreme Court Arguments

06 Jan 2019

January 7 Merck Sharpe & Dohme Corp. v. Albrecht No. 17-290, 3d Cir. Preview by Samuel E. Meredith, Senior Online Editor...

On the Docket’s Preview of the December Supreme Court Arguments

03 Dec 2018

December 3 Dawson v. Steager No. 17-419, W. Va. Preview by Samuel E. Meredith, Senior Online Editor West Virginia does not...

On the Docket’s Preview of the November Supreme Court Arguments

05 Nov 2018

November 5 Sturgeon v. Frost No. 17-949, 9th Cir. Preview by Clay Wild At issue in this case is whether...

On the Docket’s Preview of the October Supreme Court Arguments

29 Sep 2018

The Supreme Court has dominated the news cycle lately, and yet none of it has had anything to do with...

Trump v. Hawaii: Bait and Switch–The Supreme Court’s Travel Ban Decision and Korematsu

15 Jul 2018

July 15, 2018 Trump v. Hawaii, 585 U.S. ___ (2018) (Roberts, C.J.). Response by Anita Sinha Geo. Wash. L. Rev....

Lucia v. SEC

03 Jul 2018

July 3, 2018 Lucia v. SEC, 585 U.S. ___ (2018) (Kagan, J.). Response by Richard J. Pierce, Jr. Geo. Wash....

Carpenter v. United States: Big Data is Different

02 Jul 2018

July 2, 2018 Carpenter v. United States, 585 U.S. ___ (2018) (Roberts, C.J.). Response by Margot E. Kaminski Geo. Wash....

South Dakota v. Wayfair, Inc.: Will It End a Seemingly Endless Debate?

27 Jun 2018

June 27, 2018 South Dakota v. Wayfair, Inc., 585 U.S. ___ (2018) (Kennedy, J.). Response by David Brunori Geo. Wash....

Gill v. Whitford & Benisek v. Lamone: Some Good News and Some Bad

24 Jun 2018

June. 24, 2018 Gill v. Whitford, 585 U.S. ___ (2018) (Roberts, C.J.). Slip Opinion | SCOTUSblog Benisek v. Lamone, 585...

Sveen v. Melin: The Retro View of Revocation on Divorce Statutes

23 Jun 2018

June. 23, 2018 Sveen v. Melin, 584 U.S. ___ (2018) (Kagan, J.). Response by Naomi Cahn Geo. Wash. L. Rev....

Animal Science Products, Inc. v. Hebei Welcome Pharmaceutical Co.: Respect but Verify: Foreign Government Statements of Foreign Law Do Not Get Conclusive Deference

21 Jun 2018

June. 21, 2018 Animal Science Products, Inc. v. Hebei Welcome Pharmaceutical Co., 585 U.S. ___ (2018) (Ginsburg, J.). Response by...

Minnesota Voters Alliance v. Mansky: Mixed Message on Polling Place Speech Restrictions

20 Jun 2018

June. 20, 2018 Minnesota Voters Alliance v. Mansky, 585 U.S. ___ (2018) (Roberts, C.J.). Response by Alan B. Morrison Geo....

China Agritech, Inc. v. Resh: For Whom the Class Tolls—It Tolls for Individual Claims

15 Jun 2018

June 15, 2018 China Agritech, Inc. v. Resh, 584 U.S. ___ (2018) (Ginsburg, J.). Response by James Hannaway Geo. Wash. L....

Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission: A Troublesome Application of Free Exercise Principles by a Court Determined to Avoid Hard Questions

07 Jun 2018

June 7, 2018 Masterpiece Cakeshop, Ltd. v. Colo. Civil Rights Comm’n, 584 U.S. ___ (2018) (Kennedy, J.). Response by Ira...

Epic Systems Corp. v. Lewis: Class Action Waivers—Employees Predictably Lose

06 Jun 2018

June 6, 2018 Epic Systems Corp. v. Lewis, 584 U.S. ___ (2018) (Gorsuch, J.). Response by Michael Selmi Geo. Wash. L....

Murphy v. NCAA: New Jersey Wins Big After Betting on Unconstitutionality of Federal Sports-Betting Ban

30 May 2018

May 30, 2018 Murphy v. NCAA, 584 U.S. ___ (2018) (Alito, J.). Response by Jeff Ifrah & David Yellin Geo....

McCoy v. Louisiana: New Challenges for Defenders, New Risks for the Mentally Ill

23 May 2018

May. 23, 2018 McCoy v. Louisiana, 584 U.S. ___ (2018) (Ginsburg, J.). Response by Robin M. Maher Geo. Wash. L....

SAS Institute Inc. v. Iancu: The Statute is Hereby Clear

07 May 2018

May 7, 2018 SAS Institute Inc. v. Iancu, 584 U.S. ___ (2018) (Gorsuch, J.). Response by Andrew C. Michaels Geo....

Sessions v. Dimaya: Refusing to Leave “judges to their intuitions and the people to their fate,” Gorsuch Positions Himself as Scalia’s Jurisprudential Heir in Deportation Case

27 Apr 2018

Apr. 27, 2018 Sessions v. Dimaya, 584 U.S. ___ (2018) (Kagan, J.). Response by Cori Alonso-Yoder Geo. Wash. L. Rev. On...

On the Docket’s Preview of the April Supreme Court Arguments

14 Apr 2018

On Monday the Court will convene to begin hearing its final sets of arguments for this term. Nevertheless, the Court’s...

Encino Motorcars, LLC v. Navarro: No Overtime Exemption for Dealership Service Advisors

07 Apr 2018

Apr. 7, 2018 Encino Motorcars, LLC v. Navarro, 584 U.S. ___ (2018) (Thomas, J.). Response by Alan B. Morrison Geo....

Murphy v. Smith: Limiting Access to Counsel for Prisoners

02 Apr 2018

Apr. 2, 2018 Murphy v. Smith, 138 S. Ct. 784 (2018) (Gorsuch, J.). Response by Katy Ramsey Geo. Wash. L. Rev....

U.S. Bank National Ass’n v. Village at Lakeridge: Reviewing Mixed Questions of Fact & Law

21 Mar 2018

Mar. 21, 2018 U.S. Bank National Ass’n v. Village at Lakeridge, 583 U.S. ___ (2018) (Kagan, J.). Response by Alan...

On the Docket’s Preview of the March Supreme Court Arguments

17 Mar 2018

The first oral arguments for the month of March will commence when the Court convenes this coming Monday. Since our...

Jennings v. Rodriguez: Against the Backdrop of Executive Enforcement and Legislative Inaction, the Court Revisits the Issue of Prolonged Immigration Detention

05 Mar 2018

Mar. 5, 2018 Jennings v. Rodriguez, 583 U.S. ___ (2018) (Alito, J.). Response by Cori Alonso-Yoder Geo. Wash. L. Rev. On...

On the Docket’s Preview of the February Supreme Court Arguments

16 Feb 2018

The Court sits down on Tuesday to hear the arguments slated for February. This is the Court’s second to last...

On the Docket’s Preview of the January Supreme Court Arguments

04 Jan 2018

After a, hopefully, relaxing break for the Justices, the Supreme Court will start up the second half of the 2017...

On the Docket’s Preview of the December Supreme Court Arguments

27 Nov 2017

The sitting that everyone has been waiting for is upon us. The Court’s December sitting contains the most talked-about case...

On the Docket Special Publications for the October 2017 Term

09 Nov 2017

The October 2017 Supreme Court term has now begun. On the Docket will be posting several special publications to get...

On the Docket’s Preview of the November Supreme Court Arguments

28 Oct 2017

The Court starts out with a light schedule in the beginning of November, as two cases were removed from the...

On the Docket’s Preview of October Supreme Court Arguments

30 Sep 2017

Welcome to the 2017 Supreme Court term! With a full bench, the Court has chosen to take on many controversial...

Matal v. Tam: The Galloping “Government Speech” Doctrine Hits the Wall

21 Aug 2017

August 21, 2017 Matal v. Tam, 582 U.S. ___ (2017) (Alito, J.). Response by Frank LoMonte Geo. Wash. L. Rev. On...

Turner v. United States: Exculpatory Evidence Problems Continue

16 Jul 2017

July 16, 2017 Turner v. United States, 582 U.S. ___ (2017) (Breyer, J.). Response by Stephen A. Saltzburg Geo. Wash. L....

Trinity Lutheran Church v. Comer: Dodging on the Playground

05 Jul 2017

July 5, 2017 Trinity Lutheran Church v. Comer, 582 U.S. ___ (2017) (Roberts, C.J.). Response by Ira C. Lupu & Robert...

Murr v. Wisconsin: The “Whole Parcel” Rule Prevails, At Least in This Regulatory Takings Case

27 Jun 2017

June 27, 2017 Murr v. Wisconsin, 582 U.S. ___ (2017) (Kennedy, J.). Response by Robert L. Glicksman Geo. Wash. L. Rev....

Bristol-Myers Squibb v. Superior Court of California: Another Big Personal Jurisdiction Win for Defendants

20 Jun 2017

June 20, 2017 Bristol-Myers Squibb v. Superior Court of California, 582 U.S. ___ (2017) (Alito, J.). Response by Alan Morrison1 Geo....

Microsoft Corp. v. Baker: Another Supreme Court Defense Win in Class Actions

15 Jun 2017

June 15, 2017 Microsoft Corp. v. Baker, 582 U.S. ___ (2017) (Ginsburg, J.). Response by Alan Morrison1 Geo. Wash. L. Rev....

Kokesh v. SEC: SEC Actions for Disgorgement Are Subject to a Statute of Limitations

11 Jun 2017

June 11, 2017 Kokesh v. SEC, 581 U.S. ___ (2017) (Sotomayor, J.). Response by Theresa A. Gabaldon Geo. Wash. L....

Impression Products v. Lexmark: A Glib Rebuke of the Federal Circuit

11 Jun 2017

June 11, 2017 Impression Products, Inc. v. Lexmark International, Inc., 581 U.S. ___ (2017) (Roberts, C.J.). Response by Andrew C. Michaels...

Midland Funding, LLC v. Johnson: Fair Debt Collections and Statutes of Limitations

30 May 2017

May 30, 2017 Midland Funding, LLC v. Johnson, 581 U.S. ___ (2017) (Breyer, J.). Response by David Levine and Thomas Kearns...

TC Heartland v. Kraft Foods: Patent Venue Comes Home

29 May 2017

May 29, 2017 TC Heartland LLC v. Kraft Foods Group Brands, 581 U.S. ___ (2017) (Thomas, J.). Response by Gaston Kroub...

Kindred Nursing Centers, L.P. v. Clark: Intersection of Constitutional and Agency Law with the Federal Arbitration Act

29 May 2017

May 29, 2017 Kindred Nursing Centers, L.P. v. Clark, 581 U.S. ___ (2017) Response by Professor Larry A. DiMatteo Geo....

Cooper v. Harris: Striking Down Racial Gerrymandering in North Carolina

29 May 2017

May 29, 2017 Cooper v. Harris, 581 U.S. ___ (2017) (Kagan, J.). Response by Alan Morrison Geo. Wash. L. Rev. On...

“Guilty Enough”: The Supreme Court Reinforces the Presumption of Innocence

17 May 2017

May 17, 2017 Nelson v. Colorado, 581 U.S. ___ (2017) (Ginsburg, J.). Response by Roger Fairfax Geo. Wash. L. Rev. On...

Lewis v. Clarke: Good Losses and Bad Losses

09 May 2017

May 9, 2017 Lewis v. Clarke, 581 U.S. ___ (2017) (Sotomayor, J.). Response by Ezra Rosser Geo. Wash. L. Rev. On...

On the Docket’s Preview of April Supreme Court Arguments

16 Apr 2017

After more than a year as an eight member body, the Supreme Court finally has a new Associate Justice. President Trump’s...

Moore v. Texas: The Supreme Court Limits State Discretion to Make the “Protection of Human Dignity” a Reality for the Intellectually Disabled

09 Apr 2017

April 9, 2017 Moore v. Texas, 581 U.S. ___ (2017) (Ginsburg, J.). Response by Robin M. Maher Geo. Wash. L. Rev....

Endrew F. v. Douglas County School District: Recognizing that Merely More than De Minimis is Not Appropriate for Special Education

09 Apr 2017

April 9, 2017 Endrew F. v. Douglas County School District, 580 U.S. ___ (2017) (Roberts, J.). Response by Shannon Rohn Geo....

Structured Lingchi: Czyzewski v. Jevic Holding Corp.

02 Apr 2017

April 3, 2017 Czyzewski v. Jevic Holding Corp., 580 U.S. ___ (2017) (Breyer, J.). Response by Professor Bruce Markell Geo. Wash....

Gloucester County School Board v. G.G.: Trump Withdraws Title IX Guidance; Supreme Court Pauses. What Now?

21 Mar 2017

Gloucester County School Board v. G.G., No. 16-273 (U.S. Mar. 6, 2017). Response by Professor W. Burlette Carter Geo. Wash....

Peña- Rodriguez v. Colorado: The Court’s New Racial Bias Exception to the No-Impeachment Rule

19 Mar 2017

March 19, 2017 Peña-Rodriguez v. Colorado, 580 U.S. ___ (2017) (Kennedy, J.). Response by Professor Cynthia Lee Geo. Wash. L. Rev....

On the Docket’s Preview of March Supreme Court Arguments

19 Mar 2017

The Court is making the jump from seven cases heard in February to eleven in March, while still maintaining its...

Peña-Rodriguez v. Colorado: The Ultimate Safeguard Against Juror Racial Bias?

09 Mar 2017

March 6, 2017 Peña-Rodriguez v. Colorado, 580 U.S. ___ (2017) (Kennedy, J.). Response by Professor Stephen Saltzburg Geo. Wash. L. Rev....

Buck v. Davis: Fulfilling the Promise of Justice

24 Feb 2017

Buck v. Davis, 580 U.S. ___ (2017) (Roberts, J.). Response by Robin M. Maher Geo. Wash. L. Rev. On the Docket...

On the Docket’s Preview of February Supreme Court Arguments

20 Feb 2017

So far in 2017, the branches of government are moving at high speed—and the judiciary is no exception. February could...

On the Docket’s Preview of January Supreme Court Arguments

08 Jan 2017

The New Year may finally bring some excitement to Court-watchers dissatisfied with the Eight-Justice Supreme Court’s perceived recent avoidance of hot-button...