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SCOTUS OUTSIDE OPINIONS

The Black Codes must not define America’s fundamental freedoms

By Pete Patterson on February 4, 2026

Please note that SCOTUS Outside Opinions constitute the views of outside contributors and do not necessarily reflect the opinions of SCOTUSblog or its staff.

In the 2022 case of New York State Rifle Pistol Association v. Bruen, the Supreme Court held that the Second Amendment protects a right to carry firearms in public. It further held that to justify a restriction on firearm-related conduct the government must show that the restriction is consistent with the “Nation’s historical tradition of firearm regulation.”

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SCOTUS OUTSIDE OPINIONS

Why equal protection can’t be settled by biology and statistics

By Issa Kohler-Hausmann on February 3, 2026

Please note that SCOTUS Outside Opinions constitute the views of outside contributors and do not necessarily reflect the opinions of SCOTUSblog or its staff.

Last month, the Supreme Court held oral argument on two landmark anti-discrimination cases: Little v. Hecox and West Virginia v. B.P.J. The states in these cases – Idaho and West Virginia – passed laws categorically banning trans girls from playing on girls’ sports teams. Two trans girls who underwent gender-affirming medical treatments while young challenged the laws as a violation of the equal protection clause and Title IX, which prohibits discrimination “on the basis of sex” in “any education program or activity receiving Federal financial assistance.”

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EMPIRICAL SCOTUS

The Supreme Court’s vanishing fall docket

By Adam Feldman on February 3, 2026

Empirical SCOTUS is a recurring series by Adam Feldman that looks at Supreme Court data, primarily in the form of opinions and oral arguments, to provide insights into the justices’ decision making and what we can expect from the court in the future.

By the middle of January of this term, the Supreme Court had issued seven decisions in argued cases. For casual observers, this might seem unremarkable. But anyone tracking the court’s recent patterns knows that something unusual is happening: the 2025-26 term represents a striking departure from a recent trend that had seen early decisions nearly vanish from the court’s calendar.

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CIVIL RIGHTS AND WRONGS

Supreme Court further closes the prison gates

By Daniel Harawa on February 2, 2026

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

On Jan. 20, in what would be an otherwise unremarkable order, the Supreme Court dismissed Danny Howell’s petition for review, denying his request to proceed “in forma pauperis” – a request to forgo having to pay the court’s filing fees and comply with the court’s printing requirements because he is financially unable to do so. But the court did not just deny Howell’s request and dismiss his petition. It went far further, barring Howell from filing any future noncriminal petitions in forma pauperis, “Martin-izing” him.

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