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

• Adam Liptak, “How a Covid-Era Scramble Transformed Supreme Court Arguments,” New York Times, August 13, 2026

• 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

1. Cert Petitions

2. Processing Petitions

3. Clerks

4. 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

1. What are Emergency Apps and How are They Processed?

2. Why are They So Controversial?

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

• Adam Liptak, “Supreme Court Keeps Ruling in Trump’s Favor, but Doesn’t Say Why,” New York Times, July 16, 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

• Optional: Pablo Das, Lee Epstein, & Mitu Gulati. “Deep in the Shadows?: The Facts About the Emergency Docket.” 109 Virginia Law Review-Online (2023)

5 Trump in Court

1. Trump 1

2. Election Related Disputes

3. Trump 2

Readings

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

• Ann E. Marimow & Abbie VanSickle, “Despite Some Losses for Trump, Supreme Court Delivers Enduring Conservative Wins,” New York Times, July 1, 2026

• Adam Liptak, “The Supreme Court’s Declaration of Independence,” New York Times, February 21, 2026

• Ann E. Marimow, “Justices Expand Trump’s Power to Fire Officials,” New York Times, June 29, 2026

• Abbie VanSickle, “Supreme Court Upholds Birthright Citizenship, Blocking a Key Trump Policy,” New York Times, June 30, 2026

• Adam Liptak, “After Supreme Court Losses, Trump Keeps Pushing,” New York Times, August 13, 2026

6 The Administrative State

1. Nondelegation Doctrine

2. Chevron Deference—>Loper Bright

3. Major Questions

Readings

• Adam Liptak, “Justices Limit Power of Federal Agencies, Imperiling an Array of Regulations,” New York Times, June 28, 2024

• Optional: Gillian E. Metzger, “The Roberts Court and Executive Power,” 713 Annals of the American Academy of Political and Social Science 88 (2024)

7 Rights Realignment

1. Second Amendment

2. Same-Sex Marriage

3. Transgender Rights

4. Diversity Programs

5. Abortion

Readings

• Adam Liptak, “Supreme Court Strikes Down New York Law Limiting Guns in Public,” New York Times, June 23, 2022

• Adam Liptak, “Supreme Court Ruling Makes Same-Sex Marriage a Right Nationwide,” New York Times, June 26, 2015

• 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

• Jodi Kantor & Adam Liptak, “Behind the Scenes at the Dismantling of Roe v. Wade,” New York Times, December 15, 2023

8 The “Democracy Docket”

1. Voting

2. Gerrymandering

3. Campaign Finance

Readings

• Adam Liptak, “Supreme Court Invalidates Key Part of Voting Rights Act,” June 25, 2013

• Adam Liptak, “In Narrowing Voting Rights Act, Conservative Justices See Progress on Racism,” New York Times, April 30, 2026

• Abbie VanSickle & Adam Liptak, “Supreme Court Lifts Spending Limits on Political Parties and Candidate,” New York Times, June 30, 2026

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

1. Decline in Public Support for the Court

2. Explanations for the Decline

3. What Can Be Done?

Readings

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

• Ann E. Marimow & Aishvarya Kavi, “Justices Hint at Strains as Supreme Court Comes Under Scrutiny,” New York Times, May 18, 2026

• Ann E. Marimow, “Chief Justice Says Personal Attacks on Judges Are ‘Dangerous’ and Must Stop,” March 17, 2026

• Optional: Lee Epstein & Michael Nelson, “A Crisis of Confidence in the U.S. Supreme Court—And What the Justices Can Do About It.” (Prepared for California Western Law Review’s Symposium on “The Rule of Law: A Global Examination of Government & Institutional Power.)