The Modern U.S. Supreme Court

LAW 5766
Fall 2026

Outline & Readings

Note: This is hardly an inclusive list of the many studies on the modern Supreme Court. If you're interested in additional readings, please contact Prof. Epstein.

1 How the Court Works

1. Processing Cases

2. Theories of Decision Making

3. Researching the Court

Readings

• Lee Epstein, Kevin McGuire, & Thomas G. Walker, Constitutional Law for a Changing America: Rights, Liberties, and Justice. 12th ed. (Washington, D.C: CQ Press/Sage, 2025), pp. 11-22

• (optional, pp. 12-22) Lee Epstein, Urska Sadl, & Keren Weinshall, “The Role of Comparative Law in the Analysis of Judicial Behavior,“ 69 American Journal of Comparative Law 689 (2021)

2 Building the Trump Era Court

1. A Standard Modern-Day Appointment: Kagan

2. The Appointees: Gorsuch, Kavanaugh, Barrett, Jackson

3. Future Nominees?

Readings

• Elizabeth Dias & Adam Liptak, “To Conservatives, Barrett Has 'Perfect Combination' of Attributes for Supreme Court,” New York Times, September 20/October 26, 2020

• Adam Liptak, “Avoid, Sidestep, Retreat: Justices’ Advice on Confirmation Tactics,” New York Times, March 19, 2017

• Adam Liptak, “After Three Rounds, Judge Jackson Knows the Confirmation Playbook,” New York Times, March 21, 2022

• Abbie VanSickle & Ann E. Marimow, “In Backing President Trump’s Policies, Justice Alito Finds His Moment,” New York Times, July 4, 2026

3 Agenda Control and Access

• Cert Petitions

• Processing Petitions

• Clerks

• Certworthy Petitions—>Lawyering

Readings

• Adam Liptak, “A Sign of the Court’s Polarization: Choice of Clerks,” New York Times, September 6, 2010

• Abbie VanSickle & Steve Eder, “Clarence Thomas’s Clerks: An ‘Extended Family’ With Reach and Power,” New York Times, December 24, 2023

• Adam Liptak, “A ‘Citizen Lawyer’ Gets a Standing Ovation at the Supreme Court,” New York Times, April 30, 2025

• Mike McIntire & Jodi Kantor, “The Gun Lobby’s Hidden Hand in the 2nd Amendment Battle,” New York Times, June 18, 2024

4 The Emergency Docket

[TOPICS HERE]

Readings

• Adam Liptak, “Kavanaugh Defends Supreme Court’s Terse Emergency Orders,” New York Times, July 31, 2025

• Adam Liptak & Abbie VanSickle, “Triumphant Supreme Court Term for Trump, Fueled by Emergency Rulings,” New York Times, June 28, 2025

• Jodi Kantor & Adam Liptak, “The Shadow Papers: The Inside Story of Five Days that Remade the Supreme Court,” New York Times, April 18, 2026

5 Trump in Court

Readings (ADD)

• Adam Liptak, “Supreme Court Says Trump Has Some Immunity in Election Case,” New York Times, July 1, 2024

6 The Administrative State

[TOPICS HERE]

Readings (ADD)

• Adam Liptak, “Supreme Court Imperils an Array of Federal Rules,” New York Times, July 1, 2024

7 Rights Realignment

TOPICS

Readings (ADD and SUBTRACT)

• Adam Liptak, “How Conservatives Weaponized the First Amendment,” New York Times, June 30, 2018

• Adam Liptak, "Will Religion’s Remarkable Winning Streak at the Supreme Court Continue?," New York Times, March 30, 2025

• Please watch this video (about 3 minutes): Adam Liptak, “How the Supreme Court’s Transgender Ruling Reveals a Shift,” New York Times, June 19, 2025

• Adam Liptak, “Supreme Court Rejects Affirmative Action Programs at Harvard and U.N.C.,” New York Times, June 29, 2023

8 The Court and Democracy

TOPICS

Readings (ADD)

9 A “Crisis of Confidence” in the Court—Why and What to Do

TOPICS

Readings (ADD)

• Abbie VanSickle & Adam Liptak, “Supreme Court Adopts Ethics Code After Reports of Undisclosed Gifts and Travel,” New York Times, November 13, 2023