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CAPITAL MATTERS

Hamm v. Smith and the future of capital punishment

By Jordan Steiker on December 30, 2025

Capital Matters is a recurring series by Jordan Steiker that covers federal constitutional regulation of the death penalty and federal habeas review of state criminal convictions and sentences. 

At first blush, it is hard to imagine why a case like Hamm v. Smith, argued earlier this month, has occupied so much attention from the Supreme Court. On close examination, however, the case is about litigating within an important constitutional paradigm that is hanging by a thread.

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SCOTUS FOCUS

The Supreme Court and whether the Fed is special

By Amy Howe on December 30, 2025

On Jan. 21, the Supreme Court will hear arguments in the case of Lisa Cook, a member of the Federal Reserve’s Board of Governors whom President Donald Trump has attempted to fire based on unproven allegations of mortgage fraud. Although Trump sought to terminate Cook “for cause,” the question of whether the president has the power to fire a governor of the Federal Reserve for any reason at all will likely come up at oral argument.

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BROTHERS IN LAW

Skrmetti and birth equality (Part V): How the case should have been analyzed

By Akhil and Vikram Amar on December 29, 2025

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.

Today we conclude our multi-part series on last term’s United States v. Skrmetti decision.

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EMPIRICAL SCOTUS

How deferential is the Roberts court to presidential power?

By Adam Feldman on December 29, 2025

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.

Much recent commentary has suggested that the Roberts court is overly deferential to executive power – especially under President Donald Trump. The Niskanen Center, for example, contends that the court “is enabling Trump’s executive authority,” while the Brennan Center argues that the court has given “the president the power of a king.” But is this narrative supported by the empirical record? At the very least, is the Roberts court more deferential to presidential power than past courts? Our preliminary answer, like much else having to do with this court, is that it’s complicated.

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