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Supreme Court Justice, Elena Kagan, after her first year at the U.S. Supreme Court. Kagan was appointed by President Obama in 2010. Kagan talked about her experience at the Supreme Court at an Aspen Institute event. Kagan replaced Justice John Paul Stevens. Stevens says Kagan has voted very similiar to how he would have voted on most of the cases. And Justice Ginsberg says about Kagan: "she has already shown her talent as an incisive questioner at oral argument and a writer of eminently readable opinions." Kagan takes writing opinions for the Court very seriously. She described her style at the Aspen Institute event as figuring out how to communicate difficult ideas to people who know little about the subject. An additional aspect of Kagan's writing is that she strives to put things using vivid and colorful language that sticks with people. She has used expressions such as "loosey-goosey," for instance. In her dissent on the campaign finance case she described the supposedly smoking gun found by her colleagues, as: "the only smoking gun here is the majority's, and it is the kind that goes with mirrors." The media tends to compare Roberts with Kagan, the two youngest chief justices on the court, both articulate and vigorous in their opinions, with similiar intellectual backgrounds but taking different positions. Kagan says the most valuable experience to prepare for her new position, was the year she spent as Solicitor General, where she was trying to persuade nine chief justices of the court why they should take a particular position. The difference now being that she must persuade eight justices. The most striking aspect of the two appointments by George W. Bush and Obama, with the absence of a retirement age for the U.S. Supreme Court- as in other democracies such as India- is that both Roberts and Kagan may well be on the Court for 25 years or longer. ...

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U.S. president Obama's nominee for U.S. Supreme Court Justice to fill the seat open after the death of Justice Scalia is Merrick Garland. Garland is described here by the NYT as a centrist looking more for the right answer than pursuing any ideological agenda. He is from Harvard Law School and finished a clerkship under Supreme Court Justice Brennan. He is seen as a listener interested in getting a better understanding of what people are saying, and thinking things through. Garland is chief judge of the federal appeals court in Washington D.C.

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President Obama told a press conference after the Supreme Court hearings on the healthcare law: "For years, what we've heard is the biggest problem on the bench was judicial activism or the lack of judicial restraint, that an unelected group of people would somehow overturn a duly constituted and passed law." In doing so Obama was framing the argument he might use should the Court rule against the law, putting the Supreme Court in the role of villain placing its judgement ahead of elected representatives, as the U.S. moves into the presidential election in November 2012.

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The NYT's Flegenheimer provides this report on Ted Cruz as an aggressive young lawyer in the 2000 Bush campaign. Cruz had finished a clerkship with U.S. Supreme Court Chief Justice Rehnquist in 1996-1997. He took the initiative to guide the legal filings before the Supreme Court in the 2000 Florida recount case Bush vs. Gore that decided the election result.

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The U.S. Supreme Court lets the Obama healthcare law stand in a 5-4 vote with Justice Roberts casting the deciding vote. The Court ruled that the government could impose the individual mandate that all people carry health care insurance not because of the commerce clause but because: The provision "need not be read to do more than impose a tax...This is sufficient to sustain it."

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US Supreme Court ruling allowing carrying of a concealed weapon in New York lead to action by the State legislature to preserve restrictions on carrying guns. Lower court rulings challenge state legislation leading to confusion.

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Cecilia Wang of Taiwanese parents with student visas in the 1970's calls it an 128 year American tradition, but is it really the case that it was one individual case for Chinese immigrant Wang Kim in 1998 case before the US Supreme Court where it made sense for the Court to let Wang Kim stay, just as it makes sense for someone in the country for over 10 years to stay in Britain. Birthright citizenship is something else entirely and history shows that forget birthright citizenship for Asians- for most of the 19th century and over half of the twentieth century till the 1960's American public and Congress opposed any form of immigration from Asia. It was only under John F. Kennedy who was Irish, had served in the Pacific in Asia, that the idea of giving Asians citizenship was given credibility and acceptance with the American public and in the US Congress.  Without JFK and LBJ this opening for Asian immigrants coming legally in large numbers for education would never have happened, not under Nixon-Ford-Reagan-Bush. And the modernization of Asia, of Japan, China, now India could not have happened without knowledge of new technologies in American universities gathered by these visitors who were also allowed to work and stay legally. For this reason common sense is a more valuable way to approach this. Misuse and misrepresentation would only create the feeling that Asian Americans- who have integrated into the fabric of America and whose sons and daughters have benefitted the most from the gracious invitation of JFK and LBJ- who are mostly highly educated and can draw on the best economic opportunities the Nation has to offer, want to see their own interests only, and not the Nation as a whole as it struggles to bring a improvement in the lives of the have-nots in today's society, the less educated, the low income workers often immigrants from Latin American countries, those struggling to make ends meet in this economy. ...

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The US Supreme Court has to decide whether the most common method of ending pregnancies can be restricted.

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A sense of how the U.S. Supreme Court Justices viewed key aspects of the Obama Health Care Law after three days of hearings on March 28, 2012.

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The US Supreme Court throws out a lawsuit that said the Biden administration unlawfully pressured social media platforms to remove content seen as disinformation. The ruling said the two states Louisiana and Missouri and five parties had no rights to bring their claims before a judge. Earlier lower courts had ruled against the government . The claims by the two states were shown through emails written by government officials to Facebook asking why it had not removed disinformation that said Covid vaccines were harmful. This issue of the usefulness of vaccines for Covid was a major issue in 2022.

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US Supreme Court to take up questions of abortion and of January 6 in relation to the presidential election in 2024.

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This NYT editorial on June 26, 2015, says the arguments of the plaintiffs before the U.S. Supreme Court for the Affordable Care Act were specious, based as they were on a reading of four words phrase in the Act leaving ambiguity about what exchanges were covered by health care subsidies. It says the plaintiffs with strong emotions on the subject decided to pull their argument out of thin air. That only one Justice acted as the swing vote, Justice Anthony Kennedy, shows the Supreme Court like the rest of the nation is not above emotion- Justice Scalia called the 6-4 decision based on "jiggery-pokery" and not "honest jurisprudence"- and needed Chief Justice Roberts to provide the larger view in 2015 as he did in 2012.

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"This nation was founded on a simple yet profound principle: No one is above the law. Not the president of the United States. Not a justice on the Supreme Court of the United States. No one. But the Supreme Court’s 6-3 decision on July 1 to grant presidents broad immunity from prosecution for crimes they commit in office means there are virtually no limits on what a president can do. The only limits will be those that are self-imposed by the person occupying the Oval Office.  "I served as a U.S. senator for 36 years, including as chairman and ranking member of the Judiciary Committee. I have overseen more Supreme Court nominations as senator, vice president and president than anyone living today. I have great respect for our institutions and the separation of powers.What is happening now is not normal, and it undermines the public’s confidence in the court’s decisions, including those impacting personal freedoms. We now stand in a breach.That’s why — in the face of increasing threats to America’s democratic institutions — I am calling for three bold reforms to restore trust and accountability to the court and our democracy.First, I am calling for a constitutional amendment called the No One Is Above the Law Amendment." ...

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The U.S. Supreme Court ruled in favor of the constituional right of same sex couples to marry in a 5-4 ruling. This strikes down bans on same sex marraige in Ohio, Michigan, Kentucky, and Tennessee, and removes restrictions in 13 states. This follows a major shift in public opinion and attitudes towards greater tolerance for gay people and gay marraige. A WSJ/NBC News poll in June 2015 shows 57% of Americans support a favorable gay marraige ruling from the Supreme Court. Voting in dissent were, Chief Justice Roberts, Scalia, Thomas and Alito.

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The US Supreme Court unanimously agrees that letting a state decide who is on the ballot and who is not based on an insurrectionist interpretation of the US Constitution would lead to chaos. The SC was considering a lawsuit filed by the state of Colorado asking that Trump be disqualified for insurrectionist behaviour related to events at the Capitol on January 6, 2021. Other states had filed similar lawsuits. With 51 states any state could do this leading to chaotic and unanticipated situations. Any such disqualification would have to first come from the US Congress says the SC. It will also hear other cases related to the other lawsuits going through the courts involving Trump.

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Professors Gluck and Graetz of Columbia Law School discuss the presumption of severability in case the Obama health care law is declared unconstitutional by the U.S. Supreme Court. Severability would mean some parts of the law could be left intact if it is declared unconstitutional.

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Major rulings such as the overrturning of Roe vs Wade a 1973 ruling on abortion, that are expected from the US Supreme Court in coming weeks.

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Supreme Court Justice could simply have retired and let then president Obama appoint her successor. She decided to stay into her eighties. As a result president Trump will choose a conservative as her successor and has the votes lined up in the Senate. In Britain the retirement age was changed from lifetime to 75 by an Act in 1959. In India the Constitution set the retirement age for the Supreme Court at 65. Only in the U.S. is this practice maintained.

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Governor Newsom of California is joining Republican Governors of Montana and Alabama to allow cities to act to limit encampments of the homeless in American cities, taking the case to the US Supreme Court. The Biden Administration is walking a delicate path by supporting rights of the homeless that lower courts support  yet not wanting to see the spread of homeless encampments affect the overall safety and health of cities where homeless encampments affect quality of life in neighborhoods. Homelessness of 600,000 people in the US, with more than half sleeping outside in open spaces and parks is now before the US Supreme Court. The pandemic, the large increase in housing costs in the western states, and the cost of living have pushed many people over the edge, at an alarming rate for four years. Justices ask city attorneys of Grants Pass, and in effect other cities in the US, where are people supposed to go if no other shelter is offered by the city, that they have a right to sleep, and breathe. "Sleeping is a biological necessity- Justice Elena Kagan. "Are they supposed to kill themselves, not sleeping," Justice Sotomayor.  Justices Kavanaugh and Roberts questioned whether judges should be making decision that should be made by policymakers. US Supreme Court is reviewing a lower court ruling upholding rights of homeless people in the US  under the 8th Amendment that is opposed by the city of Grants Pass, Oregon. A small western town of 40,000 people facing a problem of a significant portion of its population, about 8%, having to sleep in parks and in open public spaces because they have nowhere to go. It has only 138 beds from the Gospel Rescue Mission for homeless situations with strict rules. It faces in today's America rising homelessness- affordability of housing affecting people in many states. In 2022 an three judge panel of the 9th Circuit Court of Appeals which covers western states Oregon, California, and Washington upheld a lower court decision barring the city of Grants Pass from enforcing a citywide ban on sleeping in parks at night if no other shelter was available with fines ranging $75 -$295. As a result of this decision encampments of the homeless are increasing in the western states because restrictions on public camping no longer play a deterring role. Cities say this increases crime and drug use, disease, and hazardous waste.  ...

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Justices Gorsuch and Roberts on the "sweeping powers" issue behind the Executive Branch and Executive Orders on Tariffs by the US President DJT. Gorsuch put it this way about the creeping ceding away of powers by the US Congress to the US President DJT- 

Justice Gorsuch calls it- “one-way ratchet toward the gradual but continual accretion of power in the executive branch and away from the people’s elected representatives.”

The ball could be in the US Congress's court if the Supreme Court asks the US Congress to approve the tariffs passed by the president. 

 

 

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US president DJT State of the Union Address to Congress Feb 24, 2026. BBC Analysis shows the president going on the offense to take up the issue of illegal migrants, cost of living, and business investment to get the economy to grow. DJT compared the $1 trillion in business investment under Biden over 4 years with the $18 trillion that he had secured in his first year. He said the tariffs were here to stay whatever the Supreme Court decision stated because all the agreements with EU, UK, China, India, South Korea, Taiwan, Japan, other countries will remain in place as all countries want it that way. The president stated that through tariffs he had secured benefits for getting manufacturing back to the US to create jobs and raise incomes. The Big Beautiful Bill also added to business investment through its writeoff in one time for equipment and plant. The oil price per gallon had gone down to $1.85 a gallon at the pump lowering the cost of living and inflation. He pointed out that the economy was strong with low inflation lower than 3%, unemployment at 4% and ecponomic growth in 2025 close to 3% with some quarters exceeding 4-5%. The US ice hockey team attended the event and the Congressional medal of honor was given to soldiers in the Venezuelan helicopter dangerous mission, and to a World War II pilot who was 100 years old. Transgender was shown as an issue with parents shown with their daughter who had suffered from transgender laws that he asked Congress to change. Calling some of this crazy as parents and families were suffering as a result. ...

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In a 5 to 4 court runling the U.S. Supreme Court gives president Trump the authorization to use $2.5 billion in Pentagon funds for building a border wall with Mexico. This was a campaign promise and energized his election campaign after years of failure to reach agreement between Democrats and Republicans on how to tackle the migration issue. In the court's decision it overturned an appellate court decision.  The Supreme Court stated in its order that the groups challenging the administration did not appear to have the legal right to do so. This indicates that the Court's conservative majority is likely to support the Trump administration in the end.  The surge in migration from Central American countries such as Guatemala through Mexico has revived the issue of migration. President Trump also secured an agreement with Guatemala to cut down on the migration.  President Trump has cited the need to control flow of illegal drugs across U.S. southern border in addition to the migrants from Mexico and Central America. In bringing the case to the Supreme Court the solicitor general, Noel Francisco wrote that the Plaintiff (Sierra Club) "interests in hiking, bird watching and fishing in designated drug smuggling corridors do not outweigh the harm to the public from halting the government's efforts to construct barriers to stanch the flow of illegal narcotics across the southern border."  The dispute between the Trump administration and the Democrats controlled House of Representatives led to court decisions stopping the use of government funds to build the wall. This led to the declaration of a national emergency along the Mexican border by president Trump on Feb. 15, 2019, after a government shutdown during an impasse with Congress on this issue.  Now the Supreme Court has given president Trump access to Defense Department funds to proceed with the wall and meet a campaign promise.   ...

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Redistricting for Hispanic districts under Proposition 50 in California which passed by 64% in November 2025. A separate Louisiana case challenges redistricting by race as conducted under the Voting Rights Act. The US Supreme Court will have to rule on this issue. It is not always clear how this will work as Hispanic population has done well in employment statistics.

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U.S. Supreme Court Justice Sotomayor describes her life long struggle with diabetes and living in a Spanish enclave in South Bronx project housing with high alcoholism and drug use in the neighborhood. Both her parents were from Puerto Rico and her mother was a nurse. Her personal memoir is called "My Beloved World," is intended to give hope to other children struggling in similiar circumstances.

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A new CBS-New York Times opinion poll in June 2012 shows 44% of those polled approve the job the Supreme Court is performing and about three fourths say the decisions of justices of the court are influenced by their political and personal views. By comparison only 15% approve of the job done by the U.S. Congress in the most recent poll. Only one in eight say the justices make decisions based solely on legal analysis. About 60% say they agree that life tenure for justices is bad because it gives too much power to justices. On the health care law two thirds of those polled say they hope some or all of the 2010 Obama health care law is overturned.