Welcome to Supreme Court Brief! The court’s return to the bench appears to be going smoothly and so too its first-ever, live audio streaming from its homepage. This morning the justices hear arguments in the first of two state secrets cases—their first state secrets case in a decade. We take a brief look at key arguments. At the end of his recent “shadow docket” lecture, Justice Samuel Alito had some interesting things to say about originalism, stare decisis and his reduced shaving during the pandemic (no evidence of a beard, however, back on the bench). Another poll feeds the justices’ concerns about how the public views their institution.
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