Clear Statements is a recurring series by Abbe R. Gluck on civil litigation and the modern regulatory and statutory state.

Please note that SCOTUS Outside Opinions constitute the views of outside contributors and do not necessarily reflect the ...

Issue: Whether plaintiffs adequately plead that defendants engaged in fraudulent concealment, for purposes of tolling the 15 U.S.C. § 15b (Clayton Act) statute of limitations, by alleging that ...

Updated on Dec. 8 at 5:05 p.m. The Supreme Court on Monday morning signaled that it was likely to strike down a federal law ...

Brian Boyle is Chief Program Officer & General Counsel at American Promise, a nonpartisan organization working to advance an ...

Oral arguments in Trump v. Slaughter, on the president’s authority to fire the heads of independent, multi-member federal ...

Motion to extend the time to file a response is granted and the time is extended to and including November 10, 2025. Motion ...

Motion to extend the time to file a response is granted and the time is extended to and including November 20, 2025. Motion ...

Issue: Whether the United States can regulate fishing on Alaska’s navigable waters under the Alaska National Interest Lands Conservation Act, when its statutory authority is limited to “public lands” ...

Issue: Whether, when a plaintiff alleges that the application of a state policy infringed a fundamental right “‘deeply rooted ...

Brief of respondent Alaska in opposition filed. 11/20/2025 Waiver of the 14-day waiting period for the distribution of the ...

Whether a transgender inmate’s challenge to sex-based prison policies is subject to heightened scrutiny under United States v ...