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The Latest Breaking News from Reason

Last month, I wrote a post titled "Austin Judges Shop For Cases With "Mutual Consent." I discussed at some length Judge David Ezra of the U.S. District Court for the District of Hawaii, who hears cases in the U.S. District Court for the Western District of Texas by "mutual consent."…

Reason

Tradition In Erlinger

Justice Jackson thinks Apprendi was wrongly decided, Justice Gorsuch chides Justice Kavanaugh's fixation on tradition.

Reason

Banning Flavored Tobacco Products Doesn't Work—We Have the Trash To Prove It

Researchers examined garbage placed in public receptacles in Washington, D.C., and New York City and found that the locales’ bans on flavored tobacco products have unquestionably failed.

Reason

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A Pennsylvania Pastor Leads His Community's Fight for Educational Freedom

Pastor Joshua Robertson stepped up when his community asked for support. His efforts have more people realizing that there is an alternative to the failing school system.

Reason

With the Constitution, Deciding Less Is Moore

Justice Kavanaugh reaches out to resolve that a wealth tax is probably not constitutional.

Reason

No First Amendment Protection for "Shouting into a Bullhorn and Blaring the Bullhorn's Siren as Close as Three Feet from Government Employees …

and continuing the conduct while following those employees."

Reason

Glitch Leads Our Comment Links Not to Appear on Front Page, but They're Still on Each Individual Post Page

Sorry; should be fixed tonight or tomorrow, but in the meantime just click on the post title, get to the individual post page that way, and you can see and add comments there. UPDATE: Fixed now.

Reason

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Moore v. United States: Joe Biden Thinks He Can Tax Gains in the Value of Your House When You Have Not Yet Sold It

The Biden Solicitor General's office and Justice Ketanji Brown Jackson think that cases under the Taxation Clause or the 16th amendment are political questions.

Reason

What are the Limits on Faculty Speech?

My response to Harvard's Dean Lawrence Bobo

Reason

The Government Wants To Track Your Steak

A proposed USDA rule would require RFID tagging of all cattle and bison that move across state lines.

Reason

A Brief, Biased History of the Culture Wars

Kliph Nesteroff's book Outrageous turns into a screed against conservatives.

Reason

Can an Amicus Ask the Supreme Court to Overrule a Case Where the Parties Don't?

The ACLU successfully asked the Court to reverse Wolf v. Colorado in Mapp v. Ohio.

Reason

Moore Money, More Problems

Justice Barrett once again places the burden on lawyers to make their case.

Reason

NFIB PTSD

I'm still not over Chief Justice Roberts's discussion of direct taxes.

Reason

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Reason

The Sixteenth Amendment did not "Overrule" Pollock

Constitutional amendments change the organic law. They do not overrule a decision.

Reason

USC Dismisses Charges Against Professor Who Said Hamas Should Be Killed

From the Foundation for Individual Rights and Expression (FIRE) (assembled from the Twitter thread, with some nonsubstantive modifications): USC has just dismissed charges against a professor who was filmed telling a group of protesters last fall, "Hamas are murderers. That's all they are. Every one should be killed, and I…

Reason

The Supreme Court Again Strengthens the Right to a Jury Trial in Criminal Sentencing

Paul Erlinger was sentenced to 15 years in prison based largely on a determination made by a judge—not a jury.

Reason

Stealth Quotas Bite the Dust

In this Congress, anyway.

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Reason

New Virginia Law Will Let Anyone Harvest Roadkill Anytime of Year

Previously you had to hit the animal yourself during hunting season to claim the carcass.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

John, Paul, George, and Ringo; foreign agents; and warrantless home searches.

Reason

SCOTUS Dodges a Crucial Problem With Disarming People Based on Restraining Orders

The Court says "a credible threat" justifies a ban on gun possession but does not address situations where there is no such judicial finding.

Reason

Ron DeSantis Won't Stop Trying To Gut Florida's Public Records Law

DeSantis' chief of staff used a personal phone to coordinate migrant flights to Martha's Vineyard. Now DeSantis' lawyers say those phone logs should be secret.

Reason

More Thoughts on Unpublished Opinions

Empirical study of the impact of unpublished opinions on socially disadvantaged people.

Reason

Federal Budget Deficit Forecast Jumps $400 Billion, Fueled by Student Debt Forgiveness

The Congressional Budget Office reports the 2024 budget deficit will near $2 trillion.

Reason

Congratulations to Randy Barnett, Will Baude, Steve Sachs, and Keith Whittington, Whose Academic Work Was Cited in Rahimi

Note particularly Keith Whittington's Originalism: A Critical Introduction, which Justice Barrett cited several times. UPDATE: The Criminal Procedure treatise on which Orin Kerr is a coauthor was cited today by Justice Jackson in Erlinger v. U.S. I didn't read that case as closely, so I missed the cite; thanks to…

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