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The director of the Constitutional Law Center at Stanford Law School, a student of Scalia, says constitutional law today is more aligned with the U.S. Constitution as a result of three decades of Scalia's work at the Supreme Court. He especially admires Scalia's opinions, even when he disagrees with them, and says Scalia helped promote a better style in opinions of the Court, by paying careful attention to text, and a sense of historical connections.

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Supreme Court Justice Sandra Day O'Connor from Arizona was a pioneer of women's rights in the workplace, and had her own struggles before being the first woman appointed to the US Supreme Court. Born on a vast 200,000 acre cattle ranch in El Paso she was much of a cowgirl. She is considered to have blazed a trail for other women through her life and work. She was appointed by Reagan in 1981 and served till 2006. In 1952 when she graduated from law school at Stanford women had a hard time working in the legal profession.

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There is strong support in the US congress for overhaul of Section 230 that gives legal immunity to "tech" companies for third party content hosted on their sites. The case now goes to the US Supreme Court.

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The US Supreme Court will soon make a decision on the power of president Biden to take action on student loan forgiveness for millions of borrowers when Congress has failed to take action. 43 million people in the US holding $1.6 trillion in student debt would get some form of forgiveness under president Biden's $400 billion plan. Arguments will be made at the Supreme Court with a 6-3 Trump appointed majority of Conservative justices and a decision expected in June. Congress has failed to resolve this matter of debt affecting a large part of the US population leaving it to president Biden to offer some form of relief before a larger resolution is backed by Congress. A ruling will be made by June.

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Jimmy Carter holds the record for appointing federal judges in one term- 262 judges, 55 minorities, 42 women. In 1978 a Democratic Congress responded to a federal case backlog by creating positions for 150 more federal judges, all of which would be filled by Carter. Ruth Bader Ginsburg was one of these judges. Carter did not appoint a single Supreme Court Judge yet Ginsburg and Stephen Breyer another of these judges made it to the US Supreme Court.

By comparison for a single term Biden has appointed 235 federal judges. Reagan with 383 and Clinton with 378 hold the record for federal judges appointed  in two terms.

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The US Supreme Court will now decide how much liability protection Section 230 gives the internet companies such as Google and how much control by two or three companies over the internet serves the interests of the American public.

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With another $9 billion in relief for student loan borrowers president Biden takes it to $127 billion the amount of relief extended to 3.6 million Americans. The US Supreme Court earlier denied that kind of relief to student borrowers following the pandemic.

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A case on whether a US government official can pressure social media platforms to remove content the government deems harmful is before the US Supreme Court. During the pandemic president Biden sought to quell rumors and misinformation about Covid vaccines. An Appeals court in Louisiana took a very conservative position that social media platforms could not be pressured in any way even from the bully pulpit not as a bully, meaning even persuasion was not allowed. The US Supreme Court will issue its decision in 3 months after it votes and the majority opinion is assigned to be written by one of the Justices It appears to be skeptical of the Louisiana Appeals court position.This NYT report shows exchanges between the Louisiana lawyer, deputy Solicitor General Fletcher speaking for the government, and Justice Kavanaugh. Justice Kavanaugh seems to agree with Fletcher that as long as it was a bully pulpit, that the president is saying it is harmful, but not threatening, it is acceptable under the First Amendment for president to do so. The president saying the rumor and misinformation was "killing people" was still only bully pulpit, no threat was involved.  ...

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DY Chandrachud and his father CY Chandrachud will soon be the first father son combination of Supreme Court Chief Justices in Indian history. This has not happened in Britain or US. CY Chandrachud was Chief Justice of the SupremeCourt of India from 1978 to 1985. DY Chandrachud was part of a three member bench of the Indian Supreme Court that looked at The Modi government vaccination policy in April 2021 and gave a ruling that formed the basis of Mr. Modi's action for a new and broader vaccination policy that ensured access to the entire Indian population of 1.2 billion people.

This report in The Times of India describes the son's record following in the footsteps of his father. DY Chandrachud studied at St Stephens College Delhi, Delhi University Law, and Harvard for his Masters degree in Law. His experience includes heading the Uttar Pradesh High Court in Allahabad and holding legal positions in Mumbai.

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After denying clearances for development projects for three decades, the Indian Supreme Court green bench of Justices Gavai and Vikram Nath clears 118 development projects already delayed for 5 years for pending litigation. 118 projects were cleared, including 15 held up for 10 years, based on the "sustainable development" idea that takes a look at the bigger picture, the aspirations of youth, and the bigger possibilities for renewables and environment with a bigger economy. It shows how India which at one time in 1990 had about the same GDP as China, has today one fifth the GDP of China, and with it lacks the same scale of investment for renewable energy and climate change action that China has because of China's larger economy. In this sense the whole country of 1.2 billion Indians, including hundreds of millions of farmers and urban residents, the Supreme Court and India's institutions, have suffered more than the one lost decade the prime minister referred to in the Budget session of parliament. It is more like three decades since China pushed ahead after 1990. China having suffered from the Japanese invasion and civil war for three decades in the 1920-49 period and three decades of drift in economic direction following 1949. India faced its own period of failed governance that matches the failures in China by 1990. The SC bench stated- "The Supreme Court is flooded with applications after applications, seeking permissions to construct primary schools, public health centers, anganwadi centers, an other public utility buildings in remote areas. Himachal Pradesh is constrained to approach the Supreme Court even for seeking permission to connect villages in remote areas by roads. Needless to state, the citizens residing in the remote areas cannot be deprived of the developmental activities that are being done in other parts of the country."  The Supreme Court called it ridiculous that the states were required to rush to the Supreme Court to do the minimal developmental activities.  That the Supreme Court and other institutions have taken so long to say and do this is itself one of the reasons India has fallen behind China. It will need to accelerate its efforts, in the way that the rest of the country and the world is doing to create an environment in which development can meet the aspirations of the Indian people. Efforts for climate change action can take place at the same time with bigger investment capabilities from the larger economy and advanced technological capabilities. The two can and do go together, a point missed for far too long.  An approach even the US has grasped and is doing under president Biden. The US has gone through its own period of failed governance for four decades of neglect of manufacturing and infrastructure that president Biden talked about in his State of the Union address to the US Congress last week.  Biden now sees the problem itself as an opportunity to get it right. So can India.   ...

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Biden says the US Supreme Court has got it wrong on student loan relief. Yet he does not believe the solution lies in expanding the court or term limits for judges, says this report in WSJ. Biden looks at it from the perspective of the last 100 years not the way young people who only know the current court in their lifetimes. In that way he sees any such attempts at term limits or expansion would politicize the judiciary. It is something that is expected to get Biden the support of moderate voters for the 2024 election.

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Fears that a US Supreme Court with many Trump appointed judges could further upset women's rights after the SC's decision not to uphold women's right to abortion, lead to passing a bill in the US Congress that protects women's right to contraception.

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At a time in Jan. 2022 when 73% of Americans have received two dose vaccines and 39% have a booster shot according to the CDC, the US Supreme Court is deliberating on the Biden vaccine mandate that seeks to get the rest of the people vaccinated.

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"Favorable" District courts are now being used to support illegal migration into the US that was rejected in the 2024 election. A District Court in DC makes a ruling on ending asylum "invasion" of US southern border, by questioning that millions of illegal migrants entering in one year alone is an "invasion." Even though it is publicly known that over 2.4 million people crossed the US southern border in fiscal year 2023. These District Court rulings are being given high priority by the US Supreme Court.  In the most recent ruling from last week the SC stated in a 6-3 decision written by Justice Coney Barrett on birthright citizenship that the law on the lawsuits can apply to the individual case not  be converted into a national injunction.  The situation of asylum seeking deteriorated in three ways, the Mexican government of president Lopez Obrador, Alejandro Mayorkas as Biden's selection for Homeland Security, himself an immigrant from Cuba, and the Biden administration not grasping the true extent of the crisis at the southern border with the unsettled situation in central America and the economic disaster in Venezuela. For the first time in the 400 year history of this hemisphere since the Spanish colonization by 1600 and American independence by 1800 the ideas of the Monroe Doctrine of the US protecting this hemisphere were ignored leading to the disastrous situation at the US borders, leading to fentanyl and illegal migration of such proportions. As a result of the election of 2024 and the public view of illegal migration the DJT administration is taking the approach taken by president Eisenhower in 1952 in Operation Wetback, seeking to return illegal migrants to their home countries.   ...

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This WSJ editorial describes the choices facing states in the U.S. for Medicaid- staying in and increasing the strain on state budgets or opting out altogether from Medicaid when hospitals in the states have enlarged their Medicaid dependent programs- as being a kind of extortion. Justice Kennedy said this was not giving the states much of an option, and Justice Scalia described it with a Jack Benny humor quote about being held up by a robber saying "your money or your life." Justice Roberts described the overwillingness of states to accept federal funds that got them to this point. The overall sense of the hearings at the U.S. Supreme Court on the third day, was that of skepticism on the part of Justices Scalia, Alito, Kennedy and Roberts, leaving Solicitor General Verrilli to make an appeal to humanitarian and patriotic sentiment about millions of the poor who would go without medical care if the Court ruled against the government.

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The Nebraska Supreme Court reverses a lower court ruling clearing a hurdle for construction of the Keystone pipeline. At about the same time the U.S. House of Representatives voted 266 to 153 in Jan. 2014 to pass a bill approving the project. It will pass a Senate vote. President Obama says he will veto the bill. The pressure clearly increases on Obama to approve the pipeline.

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A law professor at George Washington University, who also comes from an Sicilian Italian American family, writes about his encounters with Scalia showing passionate opinion and steadfastness. Scalia was educated at Xavier Jesuit high school, and Georgetown University. He remained true to his conservative beliefs about the the law over three decades since his appointment by president Reagan in 1986, and an originalist interpretation of the U.S. Constitution as the framers in the eighteenth century had intended. He is the first Italian American Supreme Court Justice, a fact that enabled him to win approval in the Senate 98-0.

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The arguments of both sides in front of U.S. Supreme Court Justices on the Health Care Law's expansion of Medicaid. Justice Scalia said the law gives the states no choice. Justice Kennedy pointed to the situation of the states which have no way to opt out without stripping millions of Americans of medical care. Justice Roberts pointed to the states willingness to accept federal aid for years which brings us to the current situation. The attorney generals of 27 states have objected to the Health Care Law's provisions which they believe effectively requires the states suffering tight budget constraints to cover more of the poor than they they think they can, with the alternative being dropping out of Medicaid totally, not giving them much of a choice. As the three day hearing came to a close on March 28, 2012, the Supreme Court's conservative Justices expressed doubts whether the Obama Health Care Law could surivive if some key parts are struck down. With Justices Sotomayor, Ginsberg, Kagan, on one side, and Scalia, with other conservative Justices on the other side, the Court's final decision depends on Justices Kennedy and Roberts. ...

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Under the law overturned by the US Supreme Court it was illegal to carry a gun openly and a permit was needed in New York to carry it concealed. Three Supreme Court Justices appointed by president Trump were of a disposition that opposed gun control laws- Gorsuch, Kavanaugh, and Barrett. The requirement under the New York law was that you had to show "good moral character" and "cause" to carry a concealed weapon or carry a gun openly. Many other states have such laws in California, Hawaii and urban states in the north east. Republican states are loosening gun control laws. This comes as many random shooting incidents are taking place in the US some in schools and grocery stores, the most recent being a shooting in Buffalo, NY. The vote was 6-3 after the Supreme Court for years had avoided hearing such cases based on Second Amendment rights from the Constitution that some had interpreted to include freely carrying guns without any common sense restrictions. This issue is second only to abortion as a cultural issue in the US on which sides are taken by the public including the Supreme Court Justices selected by Mr. Trump. Though not directly apparent these and issues of immigration, other cultural issues surrounding gay rights are putting those who would normally come together on issues of national interest on opposite sides when it comes to common sense support for everyday issues of feeding families, keeping workers employed in good factories at home, child care, education, health care, fair wages, restoring America's manufacturing leadership and bringing back manufacturing to the US. The emergence of Tech and tech companies, Silicon Valley, the finance sector in New York, has reinforced the prejudice in these opposing sides as Tech and the finance sector have largely embedded themselves into the Democratic side. Tech and finance sector employees with higher incomes have largely insulated themselves from the interests of ordinary workers and families creating a split Democratic party when it comes to supporting workers and families who form the vast majority of the American people. In a sense today the national interest is separate from these cultural issues and supporters of national interests can be found in both parties who can look beyond and above these cultural issues. It is also where many of these cultural issues can be resolved to some degree using common sense on which most informed members of Congress can agree. This is true for gun control as a group of bipartisan Senators from both parties are preparing gun control around common sense principles that today are even beyond the capacity of the Supreme Court of the US that itself now reflects a raucous public sphere. ...

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Democrats feel the landscape has shifted in their favor for the midterms in 2022 after the US Supreme court ruled against abortion in its Roe vs Wade decision. Democrats feel they can now appeal to more women and to independents and that this issue has energized some of its campaign base. The Kansas vote affirming abortion rights has further energized Democrats.

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Textualism or strict interpretation of the Constitution word for word may be back but one can never be sure. No sooner is one decision made in a certain direction with a particular approach to the law whether it be textualism or something else it then comes up for rethinking a few years later, under a different approach to the law or from a new angle. This is the law practiced in most British style courts of law including the US.  Former Justice Breyer of the US Supreme Court replaced by his law clerk Ketanji Jackson, is interviewed by NYT's Adam Liptak. Today so much is written about Breyer as a non textualist, and Gorsuch, Kavanaugh recent additions to the Court as textualist or strict interpreters of the Constitution based on when it was written with what intent. Yet as thinking individuals who like the rest of the American people grow in their understanding all Justices cannot be categorized  in this way. Breyer says he worked with retired Justices Kennedy and Souter and found them to be willing and keen on hearing all angles. Then it has to be said that both Kavanaugh and Gorsuch were law clerks for Kennedy. Much of American law at the highest court actually is no better than any other human creation - it tries to approximate as best one can the people of the US. Sotomayor coming from Puerto Rican descent, Ketanji Jackson from minority black, Kavanaugh and Gorsuch from Georgetown preparatory schools where Kavanaugh's paternal grandfather attended Yale something even JFK could not claim, Chief Justice Roberts coming from a company professional type background, Barrett a professor at a Catholic university, Kagan with a Bostonian JFK style background, Alito old Italian and Clarence old minority black background. Breyer retired recently to make way for a younger judge, Judge Ketanji Jackson who was law clerk to Breyer. Breyer is writing a new book which he hopes the conservatives on the Supreme Court will read- Justices Kavanaugh, Barrett and Gorsuch. The book coming out March 26 has the title- Reading the Constitution- Why I Chose Pragmatism not Textualism. He hope these Justices will read the book and say their colleague was making sense, would say that it was not a bad point. ...

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Arguments that are expected to be used by both sides before the U.S. Supreme Court on the health care law. At the heart of this is the 1942 decision, Wickard v. Filburn, on the limits of federal power. Mr. Filburn, was an Ohio farmer who questioned a 1938 federal law that imposed a penalty on every extra bushel of wheat on his farm beyond the stipulated amount. The decision was unanimous and went against Filburn. At issue is whether the federal government can impose a penalty on individuals for not buying health insurance. Justice Robert Jackson wrote in that case: "Even if appellee's activity be local, and though it may not be regarded as commerce, it may still, whatever its nature, be reached by Congress, if it exerts a substantial economic effect on commerce." The Obama administration's argument in its brief is that the decision of individuals not to buy insurance, like that of Filburn to plant that extra bushel, has larger effects beyond the local one and serious consequences for the whole country- it raises insurance rates of people in states across the country and makes hospitals bear the burden of caring for these uninsured people. For over 50 years the Supreme Court has largely supported the idea behind the Filburn decision, except in 1995 and 2000- these two decision invalidated laws made about guns near schools and violence against women. The Court ruled that the activities were local and noncommercial and beyond the federal power to regulate interstate commerce....

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Plan B is to reimpose the tariffs using the Section 122 of the 1974 Trade Act and Section 301 which puts the tariffs on firm legal footing. In fact the ruling by the ITC Court on the use of emergency powers under IEEPA law said there was already Section 122 on the basis of which serious trade imbalances could be addressed. Trade Adviser Navarro told Bloomberg that this was a possible strategy to reimpose the tariffs. The federal appeals court has allowed the tariffs to remain in place after the ITC ruling. The administration is appealing it to the US Supreme Court saying that the ITC ruling has unfairly jeopardized the president's negotiations with other countries. 

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This Washington Post look at Merrick Garland, U.S. president Obama's nominee for Supreme Court Justice, reveals a person who is meticulous and methodical in his legal work, less interested in ideological opinion. He is also seen as a person aspiring for higher office and making the right connections since he went to Harvard from Niles West High school in Chicago's North Shore suburbs- from his connections with Congressman Abner Mikva, Supreme Court Justice Brennan, Attorney General Benjamin Civiletti, which he assiduously pursued. Early in his first year at Harvard as an undergraduate Garland switched from a pathway for study of medicine to social sciences because the impact was greater he believed in such work. Here peers and colleagues at Harvard Law School, the Justice Department, give high marks to Garland for his legal work and his ability to take an objective view to obtain consensus. He has obtained consensus by writing the arguments in difficult cases in a way that limit debate, by studying the issues very carefully. Garland is the chief judge of the Washington D.C. Circuit. At the Justice Department he was assistant to Civiletti, and later principal associate attorney general who worked on the Oklahoma Bombings case of 1995. ...

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Court blocks deportation of a group of Venezuelans on the basis of Alien Enemies Act of 1798, says other remedies can be tried. This is one of 4 laws passed under John Adams in 1798 to remove citizens or subjects of a hostile nation during times of war or invasion. The case now goes to the US Supreme Court. The Court of Appeals of the Fifth Circuit is based in New Orleans with 3 Judges making the decision. Bush appointee Southwick joined Biden appointee Ramirez against Trump appointee Oldham in a 2-1 decision. Oldham in a 131 page dissent says-“Today the majority holds that President Trump is just an ordinary civil litigant. His declaration of a predatory incursion is not conclusive. Far from it. Rather, President Trump must plead sufficient facts — as if he were some run-of-the-mill plaintiff in a breach-of-contract case — to convince a federal judge that he is entitled to relief.” Southwick does not appear to see this as an invasion ignoring the deaths from fentanyl and drug trafficking in the US, the strain on public resources and cities of uncontrolled flow of migrants in recent years, saying- “A country’s encouraging its residents and citizens to enter this country illegally is not the modern-day equivalent of sending an armed, organized force to occupy, to disrupt or to otherwise harm the United States.” Yet even an armed organized force was pushed back in the War of 1812, and has little chance where the current problems have led to the deaths of more young Americans from drug trafficking than three times the deaths in the Vietnam and Korean Wars combined, three times the deaths in World War I and about 75% of the deaths in World War II, something that needs reflection and action. With the changing public sentiment in the UK and Europe and in the US on law and order and on migrants the Supreme Court is faced with coming up with a decision in the best interests of the Nation and its People. ...