Bloomberg Law
Bloomberg Law

Oct 20, 2026 · 43 min

Golf-course fight tests judicial review as Supreme Court weighs criminal rights

Tensions Rise at Golf Course Hearing & SCOTUS Criminal Cases

The episode connects a live dispute over executive power and judicial conduct with a Supreme Court record that could reshape privacy, sentencing, and criminal procedure.

3 key takeaways
  1. 1A tense hearing challenges the administration’s authority to remove trees and redevelop East Potomac Park’s golf course.
  2. 2Rory Little says defendants prevailed in roughly 70% of the Supreme Court’s criminal-law decisions over the past two terms.
  3. 3Upcoming cases could test gun rights, jury size, and whether property forfeiture becomes an excessive fine.

Don't miss

Rory Little’s analysis that defendants prevailed in roughly 70% of the Supreme Court’s criminal-law decisions over the past two terms reframes the Court’s criminal docket.

The brief

A federal hearing over plans to redevelop Washington’s East Potomac Park golf course turns on tree removal, a 2019 landscaping report, and whether the project is final agency action.

Suzanne Monyak details testy exchanges involving Judge Ana Reyes and government lawyers, including shifting arguments, compliance concerns, and an unsuccessful Justice Department recusal request.

Professor Rory Little argues that roughly 70% of the Supreme Court’s criminal-law decisions over the past two terms favored defendants, while examining ideological blocs and wildcard justices.

The discussion highlights cellphone-location privacy and the Court’s internal process, from post-argument conferences and secret votes to opinion assignments and circulating drafts.

Little previews cases involving AR-15-style rifles, 12-member criminal juries, and an Alaska plane forfeiture dispute that could be an excessive fine.

Books & mentions

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Golf-course fight tests judicial review as Supreme Court weighs criminal rights · PodLume