Kevin Frazier will join the Crump College of Law at St. Thomas University as an Assistant Professor starting this Fall. He currently is a clerk on the Montana Supreme Court.
“Congress fails to protect waterlands.”
“Senate continues to gridlock on women’s rights.”
“House punts on campaign finance…again”
There are alternative headlines that could have been written before or soon after recent Supreme Court decisions. The media has instead reacted to cases like Sackett (narrowing the reach of the Waters of the United States) and Dobbs (overturning Roe v. Wade) by emphasizing the policy outcomes of the Court’s decision rather than analyzing the Court’s legal analysis and, perhaps more importantly, the absence of congressional action.
In fact, headlines have often framed the Court as a policy making body as if it has powers equal to or greater than Congress in that respect. For instance, AP's headline following the Sackett decision read "Supreme Court sharply limits federal government's ability to police pollution into certain wetlands." A more accurate and, admittedly, boring headline would have read “Supreme Court concludes that Clean Water Act does not protect wetlands unless they have a ‘continuous surface connection’ to regulated bodies of water.” Punchy? No. Accurate? Yes. Though media outlets may lament such a wordy and bland headline, they have a duty to inform citizens--not to enrage them. Headlines akin to the one used by AP ascribe more power to the Court than it actually wields. In doing so, these publications nudge the public to wrongly direct their political ire and energy.
In an age of increasing competition among publishers, journalists have an understandable urge to write headlines and articles that tap into the public’s increasing frustration with the Supreme Court. By acting on that urge, the press has provided necessary and important coverage on things like questionable (likely unethical) judicial behavior. However, that urge has also prompted coverage of the Court and its members that distracts the public from failures of the other branches of government to fulfill their governing responsibilities.
For sake of fairness, let’s assume this distraction is unintentional and that a lack of legal knowledge rather than a desire for more clicks and eyeballs is causing this sort of reporting. Under that assumption, there’s an easy remedy: the employment of more lawyer-journalists. These lawyer-journalists could serve two functions: first, reorienting how the press covers the Supreme Court; and, second, educating the public on the law and, more broadly, our government.
Imagine if coverage of each and every Supreme Court opinion walked readers through the following aspects of the decision: the procedural history (how lower courts dealt with the case); the standard of review (how much deference the Supreme Court had to afford to the lower court’s decision); the relevant precedential cases (prior Supreme Court decisions that addressed the same or similar issues); and, the narrowness or breadth of the Supreme Court’s decision (whether the decision is confined to the facts before the court or will have ramifications in more contexts). This sort of information may not lend itself to a tweet but it will reduce the odds of the public perceiving the Court rather than Congress as the body responsible for drafting policy solutions to modern problems.
Full disclosure, I’m a lawyer, so I surely have a heightened appreciation for the nitty-gritty details of judicial opinions. But why should the public not be given the opportunity to learn about and grapple with those same details? Can’t journalism at once serve an informational and educational purpose?
Lawyers may prefer that you believe that they alone can understand the ins-and-outs of the law but that’s surely not the case--or, at least, it does not have to be. If more press outlets exercised editorial restraint and discipline by reporting on the Court in a structured and formulaic way, then the public could slowly but surely develop a deeper understanding of the role of the Court and the law, generally.
In short, current press coverage of the Court contributes to a misallocation of popular attention. Consider that in the wake of outrage of Court opinions, the Biden Administration launched a Presidential Commission on the Supreme Court that brought together scholars to review potential judicial reforms. Where’s the corresponding investigation into Congress? And, while we’re at it, the Executive Branch?
The press has an obligation to inform, not enrage; and to summarize, but not sensationalize. Recent Court coverage suggests the press has been learning toward the latter functions--this approach must come to an end for the good of our democracy. One small step in that direction would come from the inclusion of more lawyers in the newsroom and the adoption of a nuanced and detailed analysis of judicial opinions. The public deserves full and accurate information, the media can and should provide it.



















U.S. President Donald Trump speaks during a“ Steel Across America” event ahead of the 25th anniversary of the Sept. 11th attacks on the Ellipse near the White House on Sept. 8, 2026 in Washington, D.C. President Trump welcomed 9/ 11 first responders to the Tunnel to Towers Foundation’ s“ Steel Across America” event featuring a 16,900- pound, 21- foot steel beam recovered.
For Trump, even 9/11 is an opportunity
There was a reason organizers of the 9/11 ceremony in Manhattan told President Trump he could not speak at this year’s memorial service.
A good one, it turns out.
Because in a speech he gave on Tuesday in Washington, he did exactly what they were presumably worried about — he made it about himself.
According to The New York Times, Trump had wanted a speaking role at the service, but the National Sept. 11 Memorial and Museum, which oversees the site, said no, as they’ve maintained for the past decade-plus that the venue and event should be nonpartisan.
Trump has long used awful tragedies to either puff himself up, trash political opponents, or sell lies to the American people.
He blamed a deadly plane crash at Washington National Airport last year on diversity, equity and inclusion policies. He blamed Puerto Ricans for the devastation they endured after Hurricane Maria in 2017. He reportedly considered withholding disaster relief after the California wildfires based on the way affected regions voted. In an interview on Fox News meant to commemorate the 75th anniversary of D-Day in Normandy, he used the occasion to slam former House Speaker Nancy Pelosi…with graves of the dead behind him.
And now, as we approach the 25th anniversary of what many New Yorkers consider the darkest day in modern history, Trump has done it again.
He told a rambling, nonsensical story — one he’s told before — about going to Ground Zero just after terrorists flew two commercial jets into the twin towers. In the story, which no one has been able to verify, despite multiple attempts, he says firefighters had to carry him out of One Liberty Plaza, also known as the U.S. Steel Building, because they thought it was about to collapse.
As CNN fact checker Daniel Dale notes, there’s no evidence Trump went into this building, especially at a time when NYPD and NYFD had locked down the area. There’s no evidence that building was collapsing — in fact, it was deemed structurally sound and reopened within two months of the attacks. There’s no evidence he was carried out of it by firefighters.
But the lie isn’t even the worst part. Pretend it was all true — why would the leader of our country, and a New Yorker, decide to make that tragic day about himself?
Because that’s who Donald Trump is. He’s a malignant narcissist.
He’s also, incidentally, a terrible and ineffectual president, who’s made ill-fated decisions that he has to keep defending, and there’s nothing he won’t do to make himself look and feel better.
Within the first two minutes of his speech, he was cravenly using 9/11 to justify and promote his dumb war in Iran — two events separated by 25 years and 6,000 miles.
“And I will tell you, we’re right now fighting because we have a certain nation that wanted a nuclear weapon, they were very close to getting it, and now they have no chance at getting it. They will never have a nuclear weapon. Iran will not have a nuclear weapon. And they’ve been punished greatly. As you know, we’ve really taken it to them.”
As a New Yorker who lived through 9/11, still one of the worst days of my life, I’m utterly sickened by Trump’s crass, political, and self-promotional framing of that awful day.
And I’m relieved he won’t be given a platform to do it again on Friday’s anniversary in lower Manhattan.
Because for Trump, everything is his for the taking, and absolutely nothing is sacred.
S.E. Cupp is the host of "S.E. Cupp Unfiltered" on CNN.