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June 26, 2026 Update

There are many things in Washington, DC, that are not clear — the real reason for the war in Iran, the thinking behind the president’s last-minute refusal to sign a bipartisan affordable housing bill, and, of course, the algae-choked Reflecting Pool. But the politics and ideological leanings of the US Supreme Court’s majority is clear as day as evidenced by the number of 6-3 decisions released this week.

On Tuesday, the Court handed down five decisions, among which was a 6-3 immigration decision in Blanche v. Lau in which the conservative majority said that the government could deny green-card holders reentry into the US even without “clear and convincing evidence” that they committed a disqualifying crime. In her dissent, joined by the Court’s liberal justices, Justice Ketanji Brown Jackson expressed concern that the Court handed the government “a massive blank check” that would put lawful permanent residents into “immigration limbo.” Also on Tuesday, in Landor v. Louisiana Department of Corrections and Public Safety, which seemed to be a perfect example of the kind of religious discrimination that Religious Land Use and Institutionalized Persons Act (RLUIPA) was enacted to prevent, the six-person conservative majority ruled against the wronged prisoner. After crumbling up the appeals court order protecting Mr. Landor’s right as a Rastifarian to keep the dreadlocks he had maintained for 20 years, officials at the Louisiana prison restrained him and shaved off his hair, a sign of his religious beliefs. The Supreme Court majority, while evincing some sympathy for his plight, nevertheless held that he did not have the right to sue the officials which flies in the face of past decisions taken by the same justices. Again writing the dissent, Justice Jackson decried the impact of taking away an important remedy needed to enforce RLUIPA’s protections.

Thursday’s decisions also showed the clear ideological divide on the court. Among the four decisions announced were two cases that validated the Trump administration’s immigration policies and another troubling gun safety ruling. In Mullin v. Doe, the conservative majority cleared the way for the administration to end Temporary Protective Status (TPS) for Haitians and Syrians who have lived and worked legally in the US for decades — impacting about 350,000 Haitians and more than 6,000 Syrians. A 6-3 majority in Mullin v. Al Otro Lado agreed with the Trump administration policy of turning asylum seekers back before they reach the border thus preventing them from exercising their rights to be processed for asylum because they weren’t physically “in” the US. In her dissent, Justice Sonya Sotomayor writing for the Court’s liberal wing cited the tragedy of the St. Louis, a boat of 900 Jewish refugees fleeing Nazi persecution before World War II that was turned back without allowing anyone to disembark and apply for asylum. Most of the passengers were interned in death camps upon their return to Europe. She warned that the majority’s decision “slammed the door shut” which could result in death for modern-day asylum seekers, too. With the same 6-3 ideological split, the Court struck down a Hawaii law that allowed private property owners to bar guns on their property unless the gun-owners obtained permission from the property owners. The Wolford v. Lopez decision is yet another dangerous Supreme Court ruling decimating commonsense gun safety laws. Monday is the next decision day.

Meanwhile the Senate has adjourned for the July 4 holiday, but beforehand confirmed John Marck to the District Court for the Southern District of Texas (52-45) and Michael Hendershot to the District Court for the Northern District of Ohio (50-44). They also invoked cloture on Matthew Schwartz (opposed by NCJW) to the Second Circuit Court and Arthur Jones to the District Court for the Southern District of Texas.

Here’s a look at how Trump policies and our rights are faring in a state court and the lower federal courts:

  • The Jackson County Missouri circuit court judge struck down dozens of state laws restricting reproductive rights. The judge found the laws to be in conflict with a successfully passed 2024 ballot measure enacting a “fundamental right to reproductive freedom” in the state. The anti-abortion state Attorney General has promised to appeal the decision.

  • Obama-nominated Judge Indira Talwani of the District Court for the District of Massachusetts blocked a Trump Executive Order restricting mail-in voting in federal elections. Judge Talwani said that the Constitution does not grant specific power over elections to the president. States have the power to regulate elections. The case was brought by more than 20 states.

  • Judge Casey Pitts of the District Court for the Northern District of California (a Biden nominee) issued an order blocking immigration agents from making arrests inside immigration courtrooms nationwide. The ruling came in a class-action lawsuit against an administration change in guidelines for arrests at courthouses. The judge also struck down a waiver that allowed ICE to hold detainees in short-term holding rooms for 72 hours or beyond which is a departure from the previous 12-hour limit.

  • A three-judge panel of the Seventh Circuit Court in Chicago voted 2-1 that the Florida Attorney General could not enforce a Florida law against the Chicago-based American Academy of Pediatrics for allegedly misleading the public on the safety of gender-transition treatments for youth. Judge David Hamilton (an Obama nominee) and Judge Candace Jackson-Akiwumi (avBiden nominee) voted with the majority while Judge Michael Scudder, a Trump nominee, opposed.

  • A unanimous decision of the Third Circuit Court of Appeals allows the Trump administration to remove and replace the exhibit “From Enslavement to Emancipation” at the President’s House in Philadelphia, which the administration claims disparages Americans. In February, a district court judge ordered the exhibit restored after it was taken down. The appeals court agreed that the city of Philadelphia had standing to sue but rejected the city’s arguments.

►   Senate Judiciary Committee

At a hearing on June 24, the committee heard from Judge Daniel Domenico nominee to the Tenth Circuit Court of Appeals and Judge Matthew Byrne to the District Court for the Southern District of Ohio. Sen. Mazie Hirono (D-HI) asked pointed questions of Judge Byrne on his anti-abortion positions and decisions as an Ohio judge. And, as in every hearing, the nominees were asked about the 2020 election results and January 6 insurrection. The nominees gave the standard replies. Future mark-ups and hearings will take place after the July 4 recess.

►   Join Dahlia Lithwick and NCJW

Now that the Supreme Court’s term has ended, join NCJW on July 6 at 12pm ET for “Gavel Down: The Supreme Court’s Biggest Cases of the 2025-2026 Term.” Dahlia Lithwick, award-winning legal journalist, longtime Supreme Court correspondent for Slate, and host of the acclaimed Amicus podcast will help us break down the blockbuster cases shaping the country’s future — from reproductive freedom and executive power to lgbtq rights and the limits of federal authority. Together, we’ll explore how the Court’s rulings will impact our rights and communities, what these decisions signal about the direction of the Court, and what advocates, organizers, and everyday people should be prepared for in the months and years ahead. This conversation will provide both clarity and context at a pivotal moment for the nation, helping us understand not only what the Court decides, but what those decisions mean for our democracy, institutions, and daily lives. Register here.

 

►   ICYMI

(Scotusblog) Key takeaways from a jam-packed order list

(Bloomberg) Judges jockey for potential Supreme Court appointment

(WashPost) There are no Supreme Court vacancies but some judges are acting like there might be

(Hill) DOJ snubs judge’s demand on anti-weaponization fund

(Nomination Notes) Senate Republicans celebrate Dobbs anniversary by advancing anti-abortion nominees

 

We will be taking a break while the Senate is on recess, returning to your inboxes when they return after the July 4th holiday. We hope that you have a safe and happy Independence Day. Thank you for all you do to advance the fairness and independence of the judiciary.