Case Comment - Harvard Law Review

Harvard Law Review Case Comments

Constitutional Law

The Structure of Religious Preference

Vol. 139 No. 1 November 2025 A revolution has occurred in the law of religious freedom. At this point, the picture is reasonably clear. The Supreme Court has greatly expanded the scope of the Free Exercise Clause.

Constitutional Law

Skrmetti Beyond Scrutiny

Vol. 139 No. 1 November 2025 In United States v. Skrmetti, the Supreme Court upheld Tennessee Senate Bill 1 (SB 1), a state law that prohibits transgender minors from accessing gender-affirming care.

Kate Redburn

Supreme Court

Medina v. Planned Parenthood: The Supreme Court’s Making of the New Jane Crow

Vol. 139 No. 1 November 2025 If the Warren Court reflected nearly twenty years of jurisprudence dismantling ugly systems of oppression and institutional injustice that embedded invidious practices and policies into American law and society...

Michele Goodwin

Administrative Law

The Demise of Deference — And the Rise of Delegation to Interpret?

Comment on Loper Bright Enterprises v. Raimondo

Vol. 138 No. 1 November 2024

Thomas W. Merrill

Constitutional Law

Structural Logics of Presidential Disqualification

Comment on Trump v. Anderson

Vol. 138 No. 1 November 2024

Aziz Z. Huq

First Amendment

Lochner.com?

Comment on Moody v. NetChoice, Murthy v. Missouri, and Lindke v. Freed

Vol. 138 No. 1 November 2024

Standing

Proper Parties, Proper Relief

Vol. 137 No. 1 November 2023 Introduction In the last Term at the United States Supreme Court, standing was the critical question in several major cases: the two challenges to...

Affirmative Action

Roberts’s Revisions: A Narratological Reading of the Affirmative Action Cases

Vol. 137 No. 1 November 2023 Introduction In law, one of the stories told by some scholars is that legal opinions are not stories. The story goes: legal opinions are...

First Amendment Religion

Rights of First Refusal

Vol. 137 No. 1 November 2023 In 303 Creative LLC v. Elenis, the Court held that a Christian web designer who declined to make wedding sites for same-sex couples could...

Administrative Law

The Major Questions Quartet

Comment on Alabama Ass’n of Realtors, National Federation of Independent Business, Biden v. Missouri, and West Virginia v. EPA

Vol. 136 No. 1 November 2022

Mila Sohoni