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BROTHERS IN LAW

Birthright citizenship: an empirical analysis of supposedly originalist briefs

By Akhil and Vikram Amar & Amad Ross on March 4, 2026

Brothers in Law is a recurring series by brothers Akhil and Vikram Amar, with special emphasis on measuring what the Supreme Court says against what the Constitution itself says. For more content from Akhil and Vikram, please see Akhil’s free weekly podcast, “Amarica’s Constitution,” Vikram’s regular columns on Justia, and Akhil’s new book, Born Equal: Remaking America’s Constitution, 1840-1920.

More brief-writers than ever are claiming to be “originalists.” Indeed, in the birthright citizenship case, Trump v. Barbara, 33 of the 65 friend-of-the-court and party briefs on the merits – more than half – feature the word originalism or a close cognate (e.g., originalists or original meaning or original understanding) at least once. Alas, only a few of the self-proclaimed originalist briefs epitomize the best form of originalism – as readers shall soon see, thanks to the significant data compiled and analyzed by Akhil and Vik’s co-author Amad Ross later in this column.

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SUPREME COURTS AROUND THE WORLD

The UK Supreme Court

By Zachary Shemtob on March 3, 2026

Welcome to SCOUTSblog’s newest recurring series, in which we interview experts on different supreme courts around the world and how they compare to our own. For our debut column, we figured it only made sense to go back to the mother country and its mother court. And to help us shed some light on the Supreme Court of the United Kingdom, we could think of no one better than Mark Elliott.

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CIVIL RIGHTS AND WRONGS

The justices’ troubling message to lower courts

By Daniel Harawa on March 3, 2026

Civil Rights and Wrongs is a recurring series by Daniel Harawa covering criminal justice and civil rights cases before the court.

In two recent decisions, the Supreme Court summarily reversed – that is, reversed without full briefing or oral argument – the U.S. Court of Appeals for the 4th Circuit’s grants of habeas relief to state petitioners. First, in Clark v. Sweeney, the court held that the 4th Circuit violated the “party-presentation principle” when it granted habeas relief on a basis the petitioner “never asserted.” Then, in Klein v. Martin, the court held that the 4th Circuit was not sufficiently deferential to the state court’s decision denying post-conviction relief as required by the Antiterrorism and Effective Death Penalty Act of 1996.

That the Supreme Court reversed in two habeas cases may not come as much of a surprise. Habeas petitioners have not fared well before the Supreme Court for some time. But the repeated summary reversal of grants of habeas relief sends a more troubling message: that federal habeas relief should largely be understood as beyond reach.

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INTERIM DOCKET

Court sides with parents in dispute over California policies on transgender students

By Amy Howe on March 2, 2026

The Supreme Court on Monday night granted a request from a group of California parents to reinstate a ruling by a federal district court that prohibits schools in that state from “misleading parents about their children’s gender presentation” and that requires schools to follow parents’ instructions regarding the names and pronouns that children use there. In a seven-page order, the majority explained that the parents were likely to prevail on their claim that California’s policies violate the parents’ right to freely exercise their religion and their right to “direct the upbringing and education of their children.”

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