Nina Totenberg

This week, just days after the Boston Marathon took place for the first time since the pandemic began, the U.S. Supreme Court hears arguments in the case of Dzhokhar Tsarnaev, who was sentenced to death for his role in the terrorist bombing of the race in 2013. The question in the case is not Tsarnaev's guilt. It is whether he was properly sentenced to death and whether he had a fair trial.

The U.S. Supreme Court will hear arguments Wednesday in a case testing the limits of public disclosure about the CIA's secret torture program after the Sept. 11 attacks.

The central issue of the case concerns whether a detainee at Guantánamo Bay, Cuba, who has never been charged with a crime can subpoena testimony from the CIA contractors who supervised his torture.

Abu Zubaydah was the first prisoner held by the CIA to undergo extensive torture.

For the justices of the U.S. Supreme Court, Monday marks the first time nearly all of them will gather together in the courtroom since the lockdown a year and a half ago. But if some of the justices greet the new term with great anticipation for a new conservative legal era, others likely are facing the term with dread.

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Updated September 20, 2021 at 8:02 PM ET

The Supreme Court will hear arguments Dec. 1 in a case from Mississippi that tests whether all state laws that ban pre-viability abortions are unconstitutional.

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U.S. Supreme Court Justice Stephen Breyer has a warning to those who want to remake the court: Be careful what you wish for.

The Supreme Court's conservative majority tossed a legal bomb into the abortion debate late Wednesday night.

By a vote of 5-to-4, the court's most conservative members upheld, for now, a Texas law that, in effect, bans abortions after about six weeks. But almost as important as the result was how the court reached its decision — without full briefing and arguments before any court.

Updated September 2, 2021 at 12:20 PM ET

The U.S. Supreme Court late Wednesday night refused to block a Texas law that amounts to a ban on abortions after six weeks of pregnancy. The vote was 5-4, with three Trump-appointed justices joining two other conservative justices. Dissenting were conservative Chief Justice John Roberts and the court's three liberal justices.

Updated September 1, 2021 at 12:48 PM ET

Legislation banning abortions after about six weeks is now the law of the land in Texas, effectively ending Roe v. Wade protections in the state.

The battle is now joined at the U.S. Supreme Court. This week the state of Mississippi formally asked the high court to reverse its landmark 1973 abortion decision, Roe v. Wade, prompting abortion-rights defenders to say, in effect, "I told you so."

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Updated July 1, 2021 at 4:37 PM ET

The U.S. Supreme Court Thursday gutted most of what remains of the landmark Voting Rights Act. The court's decision, while leaving some protections involving redistricting in place, left close to a dead letter the law once hailed as the most effective civil rights legislation in the nation's history.

The 6-3 vote was along ideological lines, with Justice Samuel Alito writing the decision for the court's conservative majority, and the liberals in angry dissent.

Updated June 23, 2021 at 4:48 PM ET

In a victory for student speech rights, the Supreme Court on Wednesday ruled that a former cheerleader's online F-bombs about her school is protected speech under the First Amendment.

Updated June 24, 2021 at 7:41 AM ET

The Supreme Court on Wednesday tightened the leash on union representatives and their ability to organize farmworkers in California and elsewhere.

At issue in the case was a California law that allows union organizers to enter farms to speak to workers during nonworking hours — before and after work, as well as during lunch — for a set a number of days each year.

Updated June 23, 2021 at 12:31 PM ET

The U.S. Supreme Court ruled Wednesday that police cannot always enter a home without a warrant when pursuing someone for a minor crime.

The court sent the case back to the lower court to decide if the police violated the rights of a California man by pursuing him into his garage for allegedly playing loud music while driving down a deserted two-lane highway late at night.

Updated June 21, 2021 at 5:45 PM ET

Faced with the prospect of reshaping college athletics, the U.S. Supreme Court issued a narrow but potentially transformative ruling Monday in a case that pitted college athletes against the National Collegiate Athletic Association.

At issue in the case were NCAA rules that limit educational benefits for college players as part of their scholarships.

Updated June 17, 2021 at 5:04 PM ET

The U.S. Supreme Court on Thursday sided with Catholic Social Services in a battle that pitted religious freedom against anti-discrimination laws in Philadelphia and across the country. The court declared that the private Catholic agency was entitled to renewal of its contract with the city for screening foster parents, even though the agency violated city law by refusing to consider married LGBTQ couples.

Updated June 17, 2021 at 5:05 PM ET

The U.S. Supreme Court upheld the Affordable Care Act for the third time on Thursday, leaving in place the broad provisions of the law enacted by Congress in 201o. The vote was 7 to 2.

The opinion, written by Justice Stephen Breyer, was joined by Chief Justice John Roberts and Justices Clarence Thomas, Sonia Sotomayor, Elena Kagan, Brett Kavanaugh and Amy Coney Barrett.

The U.S. Supreme Court ruled Monday that some crack cocaine offenders sentenced to harsh prison terms more than a decade ago cannot get their sentences reduced under a federal law adopted with the purpose of doing just that.

The U.S. Supreme Court refused Monday to consider a challenge to the men-only military draft.

In an accompanying statement, Justices Sonia Sotomayor, Stephen Breyer and Brett Kavanaugh acknowledged that when the draft was originally enacted, women were not eligible for combat roles, a situation that has dramatically changed in modern times.

The Supreme Court's three liberal justices strongly dissented Monday when the court's six-member conservative majority refused to hear an appeal brought by a brain-damaged death row inmate who wants to be executed by firing squad.

Lawyers for convicted killer Ernest Johnson told the court that if Missouri executes him by lethal injection, using the drug pentobarbital, he will suffer "excruciatingly painful" seizures, so painful it would violate the Constitution's ban on cruel and unusual punishment.

Updated May 17, 2021 at 6:14 PM ET

With Roe v. Wade hanging by a thread, the U.S. Supreme Court has agreed to consider a major rollback of abortion rights.

It is the second time in weeks that the court's new conservative majority has signaled a willingness to reconsider long-established legal doctrine, this time on abortion, and just weeks ago, on guns.

Facing its biggest student speech case in a half-century, the Supreme Court seemed to be looking for a narrow exit door on Wednesday.

At issue was whether schools may punish students for speech that occurs online and off-campus but that may affect school order.

The case has been billed as the most important student speech case since 1969. That landmark ruling came at the height of the Vietnam War. Mary Beth Tinker and four other students went to court after they were suspended for wearing black armbands to school to protest the war.

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Even Supreme Court advocates can look at a case before the court with their own teenage years in mind. And lawyer Gregory Garre sums up Wednesday's case this way: "Mean girls meet the First Amendment."

More than a half-century ago, the court, in a 7-to-2 vote, ruled that students do have free speech rights at school, unless the speech is disruptive. Now, the justices are being asked to clarify whether, in the internet age, schools can punish students for off-campus speech.

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At the Supreme Court Monday, a case involving rich conservatives and liberals, their anonymous charitable donations, and tax breaks.

At issue is a California law, similar to laws in others states, that requires tax-exempt charities to file with the state a list of their large donors — a copy, in fact, of the list they file annually with the IRS.

Democratic members of the House and Senate Judiciary committees are asking U.S. Supreme Court Justice Amy Coney Barrett to recuse herself from participating in a case involving a conservative nonprofit with ties to a group that gave at least $1 million to fund a "national campaign" to win Senate confirmation of her Supreme Court nomination.

Liberal congressional Democrats unveiled a proposal Thursday to expand the number of seats on the U.S. Supreme Court from nine to 13 — a move Republicans have blasted as "court packing" and which has almost no chance of being voted on after House Speaker Nancy Pelosi said she has "no plans to bring it to the floor."

The measure, the Judiciary Act of 2021, is being co-sponsored by Reps. Jerrold Nadler, chair of the House Judiciary Committee; Hank Johnson of Georgia; Mondaire Jones of New York; and Sen. Ed Markey of Massachusetts.

For the fifth time, the U.S. Supreme Court has sided with religious adherents and against California's COVID-19 restrictions. This time, the court barred the state from enforcing a rule that for now limits both religious and non-religious gatherings in homes to no more than three households.

The court's unsigned order came on a 5-4 vote. Chief Justice John Roberts cast his lot with the dissenters, but failed to join their opinion. He noted simply that he would have left the lower court order intact.

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