The term, read closely

Marginalia

48 min read Original article ↗

16 cases from the Supreme Court's 2025 term. Each arrives as a pile of separate documents — the opinion of the Court, everything written alongside or against it, and every advocate's turn at the lectern — and each one is read on its own terms before any of them are compared.

Each document read on its own, then related to the others — so you can read the opinion with the dissent following along beside it, snapping to whatever it is answering.

16 cases 82 documents 607.8k words 8550 connections drawn between them

for instance

Alito presents Arizona's preemption losses as proof of a one-sided federal-state contest; Roberts says such policy evidence has no bearing on the constitutional question.

one of 725 places the documents in Trump v. Barbara pull against each other — read it →

the Court, holding We conclude that the Government properly charged Lau with inadmissibility.

on reading the opinion

This is a judicial opinion that front-loads its holding and then spends the bulk of its length arguing a negative: that the returning-LPR exception to the inadmissible/deportable regime carries no border-officer burden of proof, because the text never supplies one. Lau himself is oddly peripheral — his arrest, trip, and airport parole are narrated once, in a single block, and then never return; the man dissolves into a statutory hypothetical. The real energy is the catalogue of burdens the statute does impose, assembled to isolate the one it doesn't, and the refusal to graft BIA precedent onto a gap Congress left. Section 2 reads like a separate sitting-down-with-the-dissent: it answers a standard the dissent never locates in the statute, then declines to reach the very burden question the first eighteen hundred words were spent framing, so the opinion argues its way to a question it then refuses to answer.

The majority says the dissent never locates its border standard in the statute; Jackson's answer is the 'shall not' command, which he reads as leaving the Government no discretion to demote an LPR without satisfying an exception.

on reading the opinion This is a judicial opinion that front-loads its holding and then spends the bulk of its length arguing a negative: that the returning-LPR exception to the inadmissible/deportable regime carries no border-officer burden of proof, because the text never supplies one. Lau himself is oddly peripheral — his arrest, trip, and airport parole are narrated once, in a single block, and then never return; the man dissolves into a statutory hypothetical. The real energy is the catalogue of burdens the statute does impose, assembled to isolate the one it doesn't, and the refusal to graft BIA precedent onto a gap Congress left. Section 2 reads like a separate sitting-down-with-the-dissent: it answers a standard the dissent never locates in the statute, then declines to reach the very burden question the first eighteen hundred words were spent framing, so the opinion argues its way to a question it then refuses to answer.

This is a judicial opinion that front-loads its holding and then spends the bulk of its length arguing a negative: that the returning-LPR exception to the inadmissible/deportable regime carries no border-officer burden of proof, because the text never supplies one. Lau himself is oddly peripheral — his arrest, trip, and airport parole are narrated once, in a single block, and then never return; the man dissolves into a statutory hypothetical. The real energy is the catalogue of burdens the statute does impose, assembled to isolate the one it doesn't, and the refusal to graft BIA precedent onto a gap Congress left. Section 2 reads like a separate sitting-down-with-the-dissent: it answers a standard the dissent never locates in the statute, then declines to reach the very burden question the first eighteen hundred words were spent framing, so the opinion argues its way to a question it then refuses to answer.

question presented Whether a geofence warrant compelling Google to disclose the Location History of every device in an area is a Fourth Amendment search.

the Court, holding We hold that they did because an individual has a legitimate expectation of privacy in his cell-phone location data.

on reading the opinion

This is a Supreme Court opinion draft, in Kagan's voice, holding that a geofence warrant compelling Google to disclose Location History is a Fourth Amendment search. The opening builds the factual case at length: smartphones, location-dependent apps, Google's nudges into enabling Location History, continuous logging, and the 150-meter geofence that swept 19 users down to Chatrie. The merits hinge on Carpenter's CSLI analogy, with Kagan arguing that Location History is more precise, more retrospective, and more like a personal journal than CSLI. The draft's structure is uneven: Section 2 is a 445-word fragment about Katz and founding-era guideposts, and the section labels look like damaged citations rather than headings. The final holding—accessing Location History is a search—arrives after the Government's grace-period and no-search arguments are rejected, but the reasonableness question is left untouched.

Kagan roots the privacy inquiry in founding-era protections for the privacies of life against arbitrary power; Alito roots it in Greenwood and the third-party doctrine, which denies any expectation in records a company generates from the defendant's use.

on reading the opinion This is a Supreme Court opinion draft, in Kagan's voice, holding that a geofence warrant compelling Google to disclose Location History is a Fourth Amendment search. The opening builds the factual case at length: smartphones, location-dependent apps, Google's nudges into enabling Location History, continuous logging, and the 150-meter geofence that swept 19 users down to Chatrie. The merits hinge on Carpenter's CSLI analogy, with Kagan arguing that Location History is more precise, more retrospective, and more like a personal journal than CSLI. The draft's structure is uneven: Section 2 is a 445-word fragment about Katz and founding-era guideposts, and the section labels look like damaged citations rather than headings. The final holding—accessing Location History is a search—arrives after the Government's grace-period and no-search arguments are rejected, but the reasonableness question is left untouched.

This is a Supreme Court opinion draft, in Kagan's voice, holding that a geofence warrant compelling Google to disclose Location History is a Fourth Amendment search. The opening builds the factual case at length: smartphones, location-dependent apps, Google's nudges into enabling Location History, continuous logging, and the 150-meter geofence that swept 19 users down to Chatrie. The merits hinge on Carpenter's CSLI analogy, with Kagan arguing that Location History is more precise, more retrospective, and more like a personal journal than CSLI. The draft's structure is uneven: Section 2 is a 445-word fragment about Katz and founding-era guideposts, and the section labels look like damaged citations rather than headings. The final holding—accessing Location History is a search—arrives after the Government's grace-period and no-search arguments are rejected, but the reasonableness question is left untouched.

the Court, holding We do not disturb Sosa’s holding that the ATS is a jurisdictional statute; nor do we revisit its assumption that causes of action are available for torts corresponding to the Blackstone three.3 We conclude only that Sosa was overly optimistic in its prediction that there might be a narrow class of cases in which courts may create ATS actions without infringing on the prerogatives of the political branches.

on reading the opinion

This is a court opinion that spends its longest section building a two-century history of the Alien Tort Statute — the foreign-relations embarrassments under the Articles, the dormancy, Filartiga as the moment courts started inventing actions, Congress's answer in the TVPA — and only arrives at its own facts (the Falun Gong plaintiffs, Cisco, the Ninth Circuit's aiding-and-abetting rulings, Judge Christen's dissent) near the end of that section. The argumentative center is section 2, where Sosa's caution is converted into a categorical bar and the foreign-relations worry Christen voiced is absorbed into the flat premise that ATS cases always implicate foreign policy. Section 3 collapses the TVPA claim against the executives into 520 words, so the doctrinal weight sits almost inversely to the stakes: half the opinion is history, and the holding that reaches individual defendants is a footnote with a case citation. Scalia's concurrence is staged as 'the road not taken,' but the move the court actually makes — closing the door Sosa cracked — reads closer to Scalia than to the Sosa the court claims to be applying.

B distinguishes Central Bank because it construed the Exchange Act's 'directly or indirectly' language against a domestic common-law backdrop, so A's use of it to fix the ATS and TVPA says little about either.

on reading the opinion This is a court opinion that spends its longest section building a two-century history of the Alien Tort Statute — the foreign-relations embarrassments under the Articles, the dormancy, Filartiga as the moment courts started inventing actions, Congress's answer in the TVPA — and only arrives at its own facts (the Falun Gong plaintiffs, Cisco, the Ninth Circuit's aiding-and-abetting rulings, Judge Christen's dissent) near the end of that section. The argumentative center is section 2, where Sosa's caution is converted into a categorical bar and the foreign-relations worry Christen voiced is absorbed into the flat premise that ATS cases always implicate foreign policy. Section 3 collapses the TVPA claim against the executives into 520 words, so the doctrinal weight sits almost inversely to the stakes: half the opinion is history, and the holding that reaches individual defendants is a footnote with a case citation. Scalia's concurrence is staged as 'the road not taken,' but the move the court actually makes — closing the door Sosa cracked — reads closer to Scalia than to the Sosa the court claims to be applying.

This is a court opinion that spends its longest section building a two-century history of the Alien Tort Statute — the foreign-relations embarrassments under the Articles, the dormancy, Filartiga as the moment courts started inventing actions, Congress's answer in the TVPA — and only arrives at its own facts (the Falun Gong plaintiffs, Cisco, the Ninth Circuit's aiding-and-abetting rulings, Judge Christen's dissent) near the end of that section. The argumentative center is section 2, where Sosa's caution is converted into a categorical bar and the foreign-relations worry Christen voiced is absorbed into the flat premise that ATS cases always implicate foreign policy. Section 3 collapses the TVPA claim against the executives into 520 words, so the doctrinal weight sits almost inversely to the stakes: half the opinion is history, and the holding that reaches individual defendants is a footnote with a case citation. Scalia's concurrence is staged as 'the road not taken,' but the move the court actually makes — closing the door Sosa cracked — reads closer to Scalia than to the Sosa the court claims to be applying.

the Court, holding We conclude that the Helms-Burton Act itself abrogates the sovereign immunity of Cuban agencies and instrumentalities.

on reading the opinion

This is a dense statutory-interpretation opinion that turns a Cold War expropriation story into a fight over whether the Helms-Burton Act silently displaced the Foreign Sovereign Immunities Act. The opening gives the reader Castro's seizure, the 1996 shootdown, and Exxon's billion-dollar certified claim, but the engine of the opinion is textual: §6082(a)(1)(A)'s cause of action against 'any person' plus §6023(11)'s definition including foreign-state instrumentalities, read together with §1331's lack of an FSIA threshold, to find a waiver of sovereign immunity. The opinion is at its most forceful when arguing that the defendants' reading would make the Act's Cuba-specific provisions and the embargo context self-defeating; it is less convincing when it treats Congress's choice of §1331 as an express exclusion of the FSIA and when it invokes Beaty without much elaboration. The final sections become a cumulative case against implied-repeal canons and magic words, closing with judgment-only suits as the practical answer to the no-recovery objection. As a reader, I feel the opinion knows what it wants to do—reverse—but the path depends on stacking inferences rather than a single clear statement.

A says the sum total of Helms-Burton displaces the FSIA; B says the same sum total yields no hidden abrogation and can be read coherently with the FSIA.

on reading the opinion This is a dense statutory-interpretation opinion that turns a Cold War expropriation story into a fight over whether the Helms-Burton Act silently displaced the Foreign Sovereign Immunities Act. The opening gives the reader Castro's seizure, the 1996 shootdown, and Exxon's billion-dollar certified claim, but the engine of the opinion is textual: §6082(a)(1)(A)'s cause of action against 'any person' plus §6023(11)'s definition including foreign-state instrumentalities, read together with §1331's lack of an FSIA threshold, to find a waiver of sovereign immunity. The opinion is at its most forceful when arguing that the defendants' reading would make the Act's Cuba-specific provisions and the embargo context self-defeating; it is less convincing when it treats Congress's choice of §1331 as an express exclusion of the FSIA and when it invokes Beaty without much elaboration. The final sections become a cumulative case against implied-repeal canons and magic words, closing with judgment-only suits as the practical answer to the no-recovery objection. As a reader, I feel the opinion knows what it wants to do—reverse—but the path depends on stacking inferences rather than a single clear statement.

This is a dense statutory-interpretation opinion that turns a Cold War expropriation story into a fight over whether the Helms-Burton Act silently displaced the Foreign Sovereign Immunities Act. The opening gives the reader Castro's seizure, the 1996 shootdown, and Exxon's billion-dollar certified claim, but the engine of the opinion is textual: §6082(a)(1)(A)'s cause of action against 'any person' plus §6023(11)'s definition including foreign-state instrumentalities, read together with §1331's lack of an FSIA threshold, to find a waiver of sovereign immunity. The opinion is at its most forceful when arguing that the defendants' reading would make the Act's Cuba-specific provisions and the embargo context self-defeating; it is less convincing when it treats Congress's choice of §1331 as an express exclusion of the FSIA and when it invokes Beaty without much elaboration. The final sections become a cumulative case against implied-repeal canons and magic words, closing with judgment-only suits as the practical answer to the no-recovery objection. As a reader, I feel the opinion knows what it wants to do—reverse—but the path depends on stacking inferences rather than a single clear statement.

question presented Whether RLUIPA, enacted under the Spending Clause, lets a prisoner sue a state official for damages in their individual capacity.

on reading the opinion

This is a doctrinal opinion built to be a machine: it opens with a Spending Clause bargain (highways, Medicaid), drops RLUIPA into that slot as a funding condition on prison systems, and then spends roughly 3,500 words arguing that Louisiana never consented to Landor's individual-capacity damages suit. The engine is contract law — offer, acceptance, assent — and the opinion's real labor is refusing every theory that would let consent be implied: principal-agent inheritance, Congress's unused legislative options, Dole's factors, mere notice, and the fungibility of money. The dissent exists only as a foil; its ridicule of the parade of horribles is picked up and thrown back at it. What the map shows missing is Landor: the haircut and the officers who are being sued personally never return after the opening section, so by the affirmance the case reads as an argument about funding conditions rather than about a prisoner's religious exercise.

B frames RLUIPA as legislation rather than a funding contract, rejecting the bargain model A uses to make consent the test.

on reading the opinion This is a doctrinal opinion built to be a machine: it opens with a Spending Clause bargain (highways, Medicaid), drops RLUIPA into that slot as a funding condition on prison systems, and then spends roughly 3,500 words arguing that Louisiana never consented to Landor's individual-capacity damages suit. The engine is contract law — offer, acceptance, assent — and the opinion's real labor is refusing every theory that would let consent be implied: principal-agent inheritance, Congress's unused legislative options, Dole's factors, mere notice, and the fungibility of money. The dissent exists only as a foil; its ridicule of the parade of horribles is picked up and thrown back at it. What the map shows missing is Landor: the haircut and the officers who are being sued personally never return after the opening section, so by the affirmance the case reads as an argument about funding conditions rather than about a prisoner's religious exercise.

This is a doctrinal opinion built to be a machine: it opens with a Spending Clause bargain (highways, Medicaid), drops RLUIPA into that slot as a funding condition on prison systems, and then spends roughly 3,500 words arguing that Louisiana never consented to Landor's individual-capacity damages suit. The engine is contract law — offer, acceptance, assent — and the opinion's real labor is refusing every theory that would let consent be implied: principal-agent inheritance, Congress's unused legislative options, Dole's factors, mere notice, and the fungibility of money. The dissent exists only as a foil; its ridicule of the parade of horribles is picked up and thrown back at it. What the map shows missing is Landor: the haircut and the officers who are being sued personally never return after the opening section, so by the affirmance the case reads as an argument about funding conditions rather than about a prisoner's religious exercise.

the Court, holding Looking at only FIFRA’s general standard for misbranding rather than the specific requirements imposed under federal law would nullify —————— 7 Because we conclude that Durnell’s failure-to-warn claim is expressly preempted, we need not consider Monsanto’s implied preemption argument.

on reading the opinion

This is a draft judicial opinion that knows its destination: FIFRA preempts Durnell's failure-to-warn claim because EPA approved a glyphosate label without a cancer warning. The opinion front-loads that holding, then builds a statutory architecture around registration, misbranding, the Uniformity clause, and EPA's continuing control over labels. Its central move is to treat EPA's registration approval as a specific federal determination, not mere permission, so a state tort duty to warn becomes an 'addition to or different from' federal law. The prose is confident but repetitive: the same point—approved label equals exclusive federal judgment—is made through history, uniformity, Bates, Riegel, and §136a(f)(2), with Section 4 reading like a short addendum rather than a necessary final movement.

The Court reads the uniformity clause as requiring one federal labeling rule; Thomas's Commerce Clause objection denies federal power over the local use that rule would govern.

on reading the opinion This is a draft judicial opinion that knows its destination: FIFRA preempts Durnell's failure-to-warn claim because EPA approved a glyphosate label without a cancer warning. The opinion front-loads that holding, then builds a statutory architecture around registration, misbranding, the Uniformity clause, and EPA's continuing control over labels. Its central move is to treat EPA's registration approval as a specific federal determination, not mere permission, so a state tort duty to warn becomes an 'addition to or different from' federal law. The prose is confident but repetitive: the same point—approved label equals exclusive federal judgment—is made through history, uniformity, Bates, Riegel, and §136a(f)(2), with Section 4 reading like a short addendum rather than a necessary final movement.

This is a draft judicial opinion that knows its destination: FIFRA preempts Durnell's failure-to-warn claim because EPA approved a glyphosate label without a cancer warning. The opinion front-loads that holding, then builds a statutory architecture around registration, misbranding, the Uniformity clause, and EPA's continuing control over labels. Its central move is to treat EPA's registration approval as a specific federal determination, not mere permission, so a state tort duty to warn becomes an 'addition to or different from' federal law. The prose is confident but repetitive: the same point—approved label equals exclusive federal judgment—is made through history, uniformity, Bates, Riegel, and §136a(f)(2), with Section 4 reading like a short addendum rather than a necessary final movement.

the Court, holding We hold that an alien who is standing in Mexico does not “arriv[e] in the United States” by attempting, and failing, to set foot in this country.

on reading the opinion

This is a judicial opinion draft that moves like a statutory-interpretation opinion: it fixes the phrase 'arrives in the United States' in ordinary speech, then walks the INA's inspection, admission, expedited-removal, and credible-fear machinery before turning to metering and the border surge. The author uses Al Otro Lado's threshold theory and the Ninth Circuit's surplusage reasoning as the foil, then builds Part II around dictionary meaning, four homely examples, attempt language, and context arguments. Part III pivots to the 1996 birth of expedited removal, the redundancy puzzle, extraterritoriality, Sale's Article 33 reading, and perverse-incentives concerns before reversing. The draft's main dramatic weakness is that it withholds its answer to the redundancy question until the final section, so the middle can feel like a long setup rather than a tightening case.

Thomas joins the majority in full; Sotomayor says that same majority holding lets officers physically block noncitizens and thereby circumvent inspection and asylum procedures.

on reading the opinion This is a judicial opinion draft that moves like a statutory-interpretation opinion: it fixes the phrase 'arrives in the United States' in ordinary speech, then walks the INA's inspection, admission, expedited-removal, and credible-fear machinery before turning to metering and the border surge. The author uses Al Otro Lado's threshold theory and the Ninth Circuit's surplusage reasoning as the foil, then builds Part II around dictionary meaning, four homely examples, attempt language, and context arguments. Part III pivots to the 1996 birth of expedited removal, the redundancy puzzle, extraterritoriality, Sale's Article 33 reading, and perverse-incentives concerns before reversing. The draft's main dramatic weakness is that it withholds its answer to the redundancy question until the final section, so the middle can feel like a long setup rather than a tightening case.

This is a judicial opinion draft that moves like a statutory-interpretation opinion: it fixes the phrase 'arrives in the United States' in ordinary speech, then walks the INA's inspection, admission, expedited-removal, and credible-fear machinery before turning to metering and the border surge. The author uses Al Otro Lado's threshold theory and the Ninth Circuit's surplusage reasoning as the foil, then builds Part II around dictionary meaning, four homely examples, attempt language, and context arguments. Part III pivots to the 1996 birth of expedited removal, the redundancy puzzle, extraterritoriality, Sale's Article 33 reading, and perverse-incentives concerns before reversing. The draft's main dramatic weakness is that it withholds its answer to the redundancy question until the final section, so the middle can feel like a long setup rather than a tightening case.

Mullin v. Doe

No. 25-1083 Argued April 29, 2026 Decided June 25, 2026

the Court, holding In sum, we hold that the TPS statute’s judicial-review bar applies to all non-constitutional claims.

on reading the opinion

This is a judicial opinion that front-loads its holding—no postponement of TPS terminations, the review bar blocks the non-constitutional claims, and the equal protection claim fails—then spends three sections on statutory genealogy and review-bar exegesis before pivoting to equal protection in a final starred section. The opinion is anchored in concrete TPS histories: Haiti's sixteen years, Syria's designation and September 2025 termination notice, and the Venezuela stays, with the administration's blanket termination policy as the through-line. The section labels are misleading: the three 'Opening' sections are not openings but the bulk of the statutory argument, and the final section's decision to assume away the equal protection claim while cataloging the President's and Secretary's statements as race-neutral feels compressed against the earlier detail. The most unsettled move is jurisdictional: the Court says the review bar blocks non-constitutional claims, yet it reaches the equal protection merits before settling jurisdiction, leaving the reader unsure which holding is load-bearing.

Thomas reads the review bar to cover the constitutional claim and shut the court out; Kagan starts from the APA's background presumption that review is available and asks only whether the failure-to-consult claim falls outside the bar.

on reading the opinion This is a judicial opinion that front-loads its holding—no postponement of TPS terminations, the review bar blocks the non-constitutional claims, and the equal protection claim fails—then spends three sections on statutory genealogy and review-bar exegesis before pivoting to equal protection in a final starred section. The opinion is anchored in concrete TPS histories: Haiti's sixteen years, Syria's designation and September 2025 termination notice, and the Venezuela stays, with the administration's blanket termination policy as the through-line. The section labels are misleading: the three 'Opening' sections are not openings but the bulk of the statutory argument, and the final section's decision to assume away the equal protection claim while cataloging the President's and Secretary's statements as race-neutral feels compressed against the earlier detail. The most unsettled move is jurisdictional: the Court says the review bar blocks non-constitutional claims, yet it reaches the equal protection merits before settling jurisdiction, leaving the reader unsure which holding is load-bearing.

This is a judicial opinion that front-loads its holding—no postponement of TPS terminations, the review bar blocks the non-constitutional claims, and the equal protection claim fails—then spends three sections on statutory genealogy and review-bar exegesis before pivoting to equal protection in a final starred section. The opinion is anchored in concrete TPS histories: Haiti's sixteen years, Syria's designation and September 2025 termination notice, and the Venezuela stays, with the administration's blanket termination policy as the through-line. The section labels are misleading: the three 'Opening' sections are not openings but the bulk of the statutory argument, and the final section's decision to assume away the equal protection claim while cataloging the President's and Secretary's statements as race-neutral feels compressed against the earlier detail. The most unsettled move is jurisdictional: the Court says the review bar blocks non-constitutional claims, yet it reaches the equal protection merits before settling jurisdiction, leaving the reader unsure which holding is load-bearing.

the Court, holding To sum up: In light of the other meaningful prophylactic measures available to the Government, and given the severe infringement on First Amendment-protected political speech that ensues from limiting a political party’s spending in support of its candidates, we conclude that the political-party coordinated-expenditure limits are “disproportionate” and are not “necessary” and “narrowly tailored” for the circumvention interest it seeks to protect.

on reading the opinion

This is a majority opinion built to overrule Colorado II, and it moves like an overruling opinion: §1 sets the First Amendment frame and clears jurisdiction, §2 dismantles the government's asserted interests, §3 does the doctrinal work through earmarking and disclosure, §4 pays the stare decisis bill with Justice Thomas's dissent as the exhibit, and §5 closes in 560 words. The real engine is §3, which fuses earmarking, disclosure, and a resource-starved enforcement regime into one anti-circumvention 'package' — but the opinion never quite reckons with the fact that these safeguards were not enacted together and that private enforcement is what keeps the case alive. Section 2's footnote calling the choice of scrutiny 'academic' undercuts the elaborate two-tier scaffolding that precedes it, so the reader is asked to climb a ladder the opinion then says leads nowhere. The dissent is the constant interlocutor — recruited in §4, narrowed and answered in §5 — yet it is never allowed to state its own argument in its own terms; it exists only as the majority's paraphrase. The closing is disproportionately short: after roughly 7,500 words of buildup, the holding arrives stacked into a single compressed paragraph.

The majority opens on First Amendment expression; Kagan opens on a half-century premise that contribution limits guard against quid pro quo, the baseline the majority unsettles.

on reading the opinion This is a majority opinion built to overrule Colorado II, and it moves like an overruling opinion: §1 sets the First Amendment frame and clears jurisdiction, §2 dismantles the government's asserted interests, §3 does the doctrinal work through earmarking and disclosure, §4 pays the stare decisis bill with Justice Thomas's dissent as the exhibit, and §5 closes in 560 words. The real engine is §3, which fuses earmarking, disclosure, and a resource-starved enforcement regime into one anti-circumvention 'package' — but the opinion never quite reckons with the fact that these safeguards were not enacted together and that private enforcement is what keeps the case alive. Section 2's footnote calling the choice of scrutiny 'academic' undercuts the elaborate two-tier scaffolding that precedes it, so the reader is asked to climb a ladder the opinion then says leads nowhere. The dissent is the constant interlocutor — recruited in §4, narrowed and answered in §5 — yet it is never allowed to state its own argument in its own terms; it exists only as the majority's paraphrase. The closing is disproportionately short: after roughly 7,500 words of buildup, the holding arrives stacked into a single compressed paragraph.

This is a majority opinion built to overrule Colorado II, and it moves like an overruling opinion: §1 sets the First Amendment frame and clears jurisdiction, §2 dismantles the government's asserted interests, §3 does the doctrinal work through earmarking and disclosure, §4 pays the stare decisis bill with Justice Thomas's dissent as the exhibit, and §5 closes in 560 words. The real engine is §3, which fuses earmarking, disclosure, and a resource-starved enforcement regime into one anti-circumvention 'package' — but the opinion never quite reckons with the fact that these safeguards were not enacted together and that private enforcement is what keeps the case alive. Section 2's footnote calling the choice of scrutiny 'academic' undercuts the elaborate two-tier scaffolding that precedes it, so the reader is asked to climb a ladder the opinion then says leads nowhere. The dissent is the constant interlocutor — recruited in §4, narrowed and answered in §5 — yet it is never allowed to state its own argument in its own terms; it exists only as the majority's paraphrase. The closing is disproportionately short: after roughly 7,500 words of buildup, the holding arrives stacked into a single compressed paragraph.

the Court, holding We hold that the auction price is the proper baseline, at least when the procedure is fair in light of our country’s history of tax sales.

on reading the opinion

The opinion is built to answer one question: in a tax foreclosure sale, is the constitutional baseline the auction price or a hypothetical fair market value? It announces both holdings up front, then spends Section 1 stacking historical statutes and cases to show that English and American law has always refunded only the surplus. Section 2 pivots hard to distinguish tax sales from eminent domain, using notice, the owner's chance to avoid foreclosure, and a $100,000 hypothetical to argue that a market-value rule would break the system. The draft concedes 'blatant unfairness' and acknowledges new procedural and Eighth Amendment arguments but declines to resolve them, leaving the opinion's hardest fairness problem unresolved. Section 3 is a seven-word docket stamp.

A says tax sales are a situation where market value is inappropriate; B reads the fair-market-value rule as near-absolute with only two narrow exceptions, neither invoked here.

on reading the opinion The opinion is built to answer one question: in a tax foreclosure sale, is the constitutional baseline the auction price or a hypothetical fair market value? It announces both holdings up front, then spends Section 1 stacking historical statutes and cases to show that English and American law has always refunded only the surplus. Section 2 pivots hard to distinguish tax sales from eminent domain, using notice, the owner's chance to avoid foreclosure, and a $100,000 hypothetical to argue that a market-value rule would break the system. The draft concedes 'blatant unfairness' and acknowledges new procedural and Eighth Amendment arguments but declines to resolve them, leaving the opinion's hardest fairness problem unresolved. Section 3 is a seven-word docket stamp.

The opinion is built to answer one question: in a tax foreclosure sale, is the constitutional baseline the auction price or a hypothetical fair market value? It announces both holdings up front, then spends Section 1 stacking historical statutes and cases to show that English and American law has always refunded only the surplus. Section 2 pivots hard to distinguish tax sales from eminent domain, using notice, the owner's chance to avoid foreclosure, and a $100,000 hypothetical to argue that a market-value rule would break the system. The draft concedes 'blatant unfairness' and acknowledges new procedural and Eighth Amendment arguments but declines to resolve them, leaving the opinion's hardest fairness problem unresolved. Section 3 is a seven-word docket stamp.

on reading the opinion

This is an opinion that front-loads a human catastrophe — T.M.'s civil commitment and forced medication, the consent order, the dismissal with prejudice — and then spends the rest of its length treating the case as a pure jurisdictional puzzle about Rooker-Feldman. Part I (Sotomayor) states the rule, answers the question, narrates the facts, walks through Rooker and Feldman, distills their two reasons, and affirms; Parts II and III arrive in a second voice ("He") that recasts T.M. as asking for a brand-new requirement and dismantles that request across a functional-versus-formal theory of jurisdiction and a §1257 history lesson. So two authors share a single affirmance, and the map never marks where one opinion ends and the other begins — a concurrence is doing the heaviest lifting. The factual stakes of T.M. appear once and never return; from Part II onward the opinion is all doctrine and no T.M.

Barrett denies that a collateral attack is functionally equivalent to an appeal, while Thomas concedes habeas drift but quarantines it as a statutory exception to the form-indifference rule.

on reading the opinion This is an opinion that front-loads a human catastrophe — T.M.'s civil commitment and forced medication, the consent order, the dismissal with prejudice — and then spends the rest of its length treating the case as a pure jurisdictional puzzle about Rooker-Feldman. Part I (Sotomayor) states the rule, answers the question, narrates the facts, walks through Rooker and Feldman, distills their two reasons, and affirms; Parts II and III arrive in a second voice ("He") that recasts T.M. as asking for a brand-new requirement and dismantles that request across a functional-versus-formal theory of jurisdiction and a §1257 history lesson. So two authors share a single affirmance, and the map never marks where one opinion ends and the other begins — a concurrence is doing the heaviest lifting. The factual stakes of T.M. appear once and never return; from Part II onward the opinion is all doctrine and no T.M.

This is an opinion that front-loads a human catastrophe — T.M.'s civil commitment and forced medication, the consent order, the dismissal with prejudice — and then spends the rest of its length treating the case as a pure jurisdictional puzzle about Rooker-Feldman. Part I (Sotomayor) states the rule, answers the question, narrates the facts, walks through Rooker and Feldman, distills their two reasons, and affirms; Parts II and III arrive in a second voice ("He") that recasts T.M. as asking for a brand-new requirement and dismantles that request across a functional-versus-formal theory of jurisdiction and a §1257 history lesson. So two authors share a single affirmance, and the map never marks where one opinion ends and the other begins — a concurrence is doing the heaviest lifting. The factual stakes of T.M. appear once and never return; from Part II onward the opinion is all doctrine and no T.M.

on reading the opinion

This is a Supreme Court opinion that is really a legal history essay in a robe: it holds that the Fourteenth Amendment's Citizenship Clause guarantees birthright citizenship and that the Government's parents'-status reading — litigated in a case styled Trump v. Barbara — is wrong. The argument's engine is the common law read through Dred Scott, then pushed forward through the abolitionists, Bates's 1862 opinion, the 1866 Act, Wong Kim Ark, and the 1880s retreat, ending with a demolition of the domicile theory the opinion buries in Fuller's dissent. What lands is the sheer accumulation — Section 4 in particular reads like a prosecutor taking apart the Government's antebellum evidence item by item. What doesn't land is the case itself: Barbara never becomes a person, the Order is never described, and the 256-word Section 5 is a coda forced to do the work of a conclusion and a judgment at once.

Thomas brackets the illegal-alien domicile question and treats the order as at least facially valid as to illegal aliens, while Gorsuch's closing doubt about a child of long-settled undocumented parents is precisely the case that reservation leaves undecided.

on reading the opinion This is a Supreme Court opinion that is really a legal history essay in a robe: it holds that the Fourteenth Amendment's Citizenship Clause guarantees birthright citizenship and that the Government's parents'-status reading — litigated in a case styled Trump v. Barbara — is wrong. The argument's engine is the common law read through Dred Scott, then pushed forward through the abolitionists, Bates's 1862 opinion, the 1866 Act, Wong Kim Ark, and the 1880s retreat, ending with a demolition of the domicile theory the opinion buries in Fuller's dissent. What lands is the sheer accumulation — Section 4 in particular reads like a prosecutor taking apart the Government's antebellum evidence item by item. What doesn't land is the case itself: Barbara never becomes a person, the Order is never described, and the 256-word Section 5 is a coda forced to do the work of a conclusion and a judgment at once.

This is a Supreme Court opinion that is really a legal history essay in a robe: it holds that the Fourteenth Amendment's Citizenship Clause guarantees birthright citizenship and that the Government's parents'-status reading — litigated in a case styled Trump v. Barbara — is wrong. The argument's engine is the common law read through Dred Scott, then pushed forward through the abolitionists, Bates's 1862 opinion, the 1866 Act, Wong Kim Ark, and the 1880s retreat, ending with a demolition of the domicile theory the opinion buries in Fuller's dissent. What lands is the sheer accumulation — Section 4 in particular reads like a prosecutor taking apart the Government's antebellum evidence item by item. What doesn't land is the case itself: Barbara never becomes a person, the Order is never described, and the 256-word Section 5 is a coda forced to do the work of a conclusion and a judgment at once.

question presented Whether a President may remove a Federal Trade Commission commissioner before the end of their term, and whether Humphrey's Executor survives.

the Court, holding We hold that such protection from removal is contrary to the separation of powers enshrined in the Constitution.

on reading the opinion

This is a majority opinion that announces its destination in the first section — for-cause removal of FTC commissioners is unconstitutional — and then spends most of its length walking backward through the Framers, the Decision of 1789, Myers, and Humphrey's Executor to justify a result the reader already has. Trump, Slaughter, and the fired Democratic Commissioners are the live parties for a few pages and then effectively vanish; the rest of the fight is conducted among dead cases and dead authorities, with Humphrey's Executor as the thing to be killed and Myers as the thing to be restored. The history is dense and heavily quoted — Madison, Hamilton, Marshall, Kent, Story, Taft — and it is deployed as a chain of ratifying precedent rather than as a contested record. The dissent is answered point by point only in the last third, after Humphrey's has already been overruled, so the rebuttal reads as cleanup rather than as the reason for the judgment. What stays thinnest is Slaughter herself: once the theory takes over, her firing stops being the subject and becomes an illustration.

A says Humphrey's was narrow and almost fictional from the start; B says the Court repeatedly applied and expanded it over decades.

on reading the opinion This is a majority opinion that announces its destination in the first section — for-cause removal of FTC commissioners is unconstitutional — and then spends most of its length walking backward through the Framers, the Decision of 1789, Myers, and Humphrey's Executor to justify a result the reader already has. Trump, Slaughter, and the fired Democratic Commissioners are the live parties for a few pages and then effectively vanish; the rest of the fight is conducted among dead cases and dead authorities, with Humphrey's Executor as the thing to be killed and Myers as the thing to be restored. The history is dense and heavily quoted — Madison, Hamilton, Marshall, Kent, Story, Taft — and it is deployed as a chain of ratifying precedent rather than as a contested record. The dissent is answered point by point only in the last third, after Humphrey's has already been overruled, so the rebuttal reads as cleanup rather than as the reason for the judgment. What stays thinnest is Slaughter herself: once the theory takes over, her firing stops being the subject and becomes an illustration.

This is a majority opinion that announces its destination in the first section — for-cause removal of FTC commissioners is unconstitutional — and then spends most of its length walking backward through the Framers, the Decision of 1789, Myers, and Humphrey's Executor to justify a result the reader already has. Trump, Slaughter, and the fired Democratic Commissioners are the live parties for a few pages and then effectively vanish; the rest of the fight is conducted among dead cases and dead authorities, with Humphrey's Executor as the thing to be killed and Myers as the thing to be restored. The history is dense and heavily quoted — Madison, Hamilton, Marshall, Kent, Story, Taft — and it is deployed as a chain of ratifying precedent rather than as a contested record. The dissent is answered point by point only in the last third, after Humphrey's has already been overruled, so the rebuttal reads as cleanup rather than as the reason for the judgment. What stays thinnest is Slaughter herself: once the theory takes over, her firing stops being the subject and becomes an illustration.

on reading the opinion

This is a Supreme Court opinion in Watson v. RNC that reads as a two-front battle over what 'election day' means for absentee ballots. The majority reverses the lower court by holding that the Elections Clause and the 1845/1872 statutes fix the day of choice, not the day of receipt, and that Mississippi's absentee receipt deadline is not preempted. Alito's dissent would affirm, arguing that two centuries of statutes and practice show election day meant ballots had to be collected by that date. The draft's central drama is textual and historical: both sides mine the same dictionaries, statutes, and cases (Foster, Maddox, UOCAVA) to reach opposite conclusions about whether casting or receipt completes the vote. The policy stakes—fraud, confidence, late-counting—arrive mostly in Alito's later sections, giving the dissent a rhetorical crescendo that the majority deliberately refuses.

Majority uses the electoral college's split casting and receipt to make post-election receipt ordinary; Sauer argues official receipt is the definitional heart of election, so the analogy cuts against him.

on reading the opinion This is a Supreme Court opinion in Watson v. RNC that reads as a two-front battle over what 'election day' means for absentee ballots. The majority reverses the lower court by holding that the Elections Clause and the 1845/1872 statutes fix the day of choice, not the day of receipt, and that Mississippi's absentee receipt deadline is not preempted. Alito's dissent would affirm, arguing that two centuries of statutes and practice show election day meant ballots had to be collected by that date. The draft's central drama is textual and historical: both sides mine the same dictionaries, statutes, and cases (Foster, Maddox, UOCAVA) to reach opposite conclusions about whether casting or receipt completes the vote. The policy stakes—fraud, confidence, late-counting—arrive mostly in Alito's later sections, giving the dissent a rhetorical crescendo that the majority deliberately refuses.

This is a Supreme Court opinion in Watson v. RNC that reads as a two-front battle over what 'election day' means for absentee ballots. The majority reverses the lower court by holding that the Elections Clause and the 1845/1872 statutes fix the day of choice, not the day of receipt, and that Mississippi's absentee receipt deadline is not preempted. Alito's dissent would affirm, arguing that two centuries of statutes and practice show election day meant ballots had to be collected by that date. The draft's central drama is textual and historical: both sides mine the same dictionaries, statutes, and cases (Foster, Maddox, UOCAVA) to reach opposite conclusions about whether casting or receipt completes the vote. The policy stakes—fraud, confidence, late-counting—arrive mostly in Alito's later sections, giving the dissent a rhetorical crescendo that the majority deliberately refuses.

question presented Whether Title IX or the Equal Protection Clause bars a State from limiting girls' school sports teams to students assigned female at birth.

the Court, holding Consistent with Title IX and the Equal Protection Clause, we hold that the States may maintain women’s and girls’ sports for biological females.

on reading the opinion

The draft reads as a court opinion built to reject B.P.J.'s Title IX and equal protection challenges, and it largely carries that doctrinal task by making the case turn on biological sex, zero-sum roster harm, and the State's interests in safety and fairness. Its opening does real work in crediting Title IX's transformative effect and naming the pre-1972 imbalance, but those historical and human details—B.P.J.'s transition, the litigation wins, the IOC's hormone-suppression finding—are then subordinated to a few repeated rationales. The middle section's safety and fairness argument is the load-bearing part, yet it often proceeds by stacking hypothetical displaced athletes rather than grappling with B.P.J.'s individual record. The brief closing extends respect to both sides and reverses and remands, but it does not return to the concrete stakes it opened with; the effect is a conclusion that feels willed rather than earned from the challengers' own facts.

B's rule that an identifiable subclass fitting poorly signals pretext directly conflicts with A's reliance on the 'perfection is neither possible nor necessary' line to excuse general classifications.

on reading the opinion The draft reads as a court opinion built to reject B.P.J.'s Title IX and equal protection challenges, and it largely carries that doctrinal task by making the case turn on biological sex, zero-sum roster harm, and the State's interests in safety and fairness. Its opening does real work in crediting Title IX's transformative effect and naming the pre-1972 imbalance, but those historical and human details—B.P.J.'s transition, the litigation wins, the IOC's hormone-suppression finding—are then subordinated to a few repeated rationales. The middle section's safety and fairness argument is the load-bearing part, yet it often proceeds by stacking hypothetical displaced athletes rather than grappling with B.P.J.'s individual record. The brief closing extends respect to both sides and reverses and remands, but it does not return to the concrete stakes it opened with; the effect is a conclusion that feels willed rather than earned from the challengers' own facts.

The draft reads as a court opinion built to reject B.P.J.'s Title IX and equal protection challenges, and it largely carries that doctrinal task by making the case turn on biological sex, zero-sum roster harm, and the State's interests in safety and fairness. Its opening does real work in crediting Title IX's transformative effect and naming the pre-1972 imbalance, but those historical and human details—B.P.J.'s transition, the litigation wins, the IOC's hormone-suppression finding—are then subordinated to a few repeated rationales. The middle section's safety and fairness argument is the load-bearing part, yet it often proceeds by stacking hypothetical displaced athletes rather than grappling with B.P.J.'s individual record. The brief closing extends respect to both sides and reverses and remands, but it does not return to the concrete stakes it opened with; the effect is a conclusion that feels willed rather than earned from the challengers' own facts.

the Court, holding We hold that the law is unconstitutional.

on reading the opinion

The draft is an opinion in Wolford v. Lopez that treats Hawaii as having evaded Bruen rather than obeyed it, and it builds its holding around two burdens: the licensing gauntlet and the private-property default that turns lawful carry into trespass. Its most vivid move is the young woman whose supermarket, consent search, and lunch plans produce a running tally of offenses, making the burden concrete rather than doctrinal. The historical half reads the colonial statutes as hunting and poaching laws, not carry restrictions, and ends by dismissing the 1865 Louisiana law as a Black Code tool. What is missing is a serious engagement with Hawaii's best sensitive-places and implied-consent argument; the opinion mostly asserts that property law cannot override the Amendment and moves on.

The majority treats the 1771 New Jersey law as part of the tradition it reads as hunting regulation; Barrett brackets the same law as an outlier and immaterial even if the principal dissent's reading is right.

on reading the opinion The draft is an opinion in Wolford v. Lopez that treats Hawaii as having evaded Bruen rather than obeyed it, and it builds its holding around two burdens: the licensing gauntlet and the private-property default that turns lawful carry into trespass. Its most vivid move is the young woman whose supermarket, consent search, and lunch plans produce a running tally of offenses, making the burden concrete rather than doctrinal. The historical half reads the colonial statutes as hunting and poaching laws, not carry restrictions, and ends by dismissing the 1865 Louisiana law as a Black Code tool. What is missing is a serious engagement with Hawaii's best sensitive-places and implied-consent argument; the opinion mostly asserts that property law cannot override the Amendment and moves on.

The draft is an opinion in Wolford v. Lopez that treats Hawaii as having evaded Bruen rather than obeyed it, and it builds its holding around two burdens: the licensing gauntlet and the private-property default that turns lawful carry into trespass. Its most vivid move is the young woman whose supermarket, consent search, and lunch plans produce a running tally of offenses, making the burden concrete rather than doctrinal. The historical half reads the colonial statutes as hunting and poaching laws, not carry restrictions, and ends by dismissing the 1865 Louisiana law as a Black Code tool. What is missing is a serious engagement with Hawaii's best sensitive-places and implied-consent argument; the opinion mostly asserts that property law cannot override the Amendment and moves on.

how this works
  1. The Reporter's syllabus is not one of the documents. Every slip opinion opens with a headnote summarising itself, and every slip opinion says on the same page that the headnote "constitutes no part of the opinion of the Court". It is not read here and nothing on this site is drawn from it. Where a case states its holding below, that is the Court's own sentence, quoted out of the opinion; three of these sixteen never put their holding in one sentence, and those cases show none.
  2. Every document is read separately. Not summarised — read. Each paragraph gets the beats it contains, anchored to a sentence copied out of the document character for character, and above those sit the spine of the argument, the threads that run through it, and the questions it leaves open.
  3. An argument is split at the lectern. A transcript is not one document. Each advocate's turn is its own case to make, with its own questions from the bench, so each is read as its own draft. The difference is not cosmetic: kept whole, one argument came back with 44 connections to its opinion, and split it came back with 215.
  4. Then the documents are related to each other. Not the texts — the maps. A pass reads both graphs and draws the edges between them: what one develops, what it answers, and where the two genuinely pull apart. An edge that does not land on a real anchored passage in both documents is thrown away before it is stored.
  5. Then you read the case with the case in the margin. The opinion down the left, and every other document beside it at once — the dissent and both advocates on the same paragraph, each saying which one it is. Or take them two at a time, one following the other as you scroll, with a line drawn between the passages and the reason in the middle.
  6. And you can argue with it. Every passage can be talked about, on its own or against its counterpart in another document. Click the line between two passages and both go into the question.