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The Latest Breaking News from Alito

Does the Constitution apply to Trump?

It seems absurd — because it is. But the Supreme Court's immunity decision means Trump can literally do anything

Salon

Justices Alito and Sotomayor on How Courts Read Dicta

An amusing and potentially revealing exchange in a recent oral argument.

Reason

The Trump Leaks Are Far Worse Than The Dobbs Leak.

Knives are out for Chief Justice Roberts, and poor Justice Alito.

Reason

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NY Times Big Reveals On Deliberations In Three Trump Cases

How did Roberts come to write Trump v. Anderson, Fischer v. United States, and Trump v. United States?

Reason

MAGA has a Catholic gender gap problem

Evangelical Christian nationalism is driving women away from the church

Salon

Supreme Court Rejects Missouri's Attempt to Sue New York Over Trump Prosecution

Insofar as the justices split, it was due to long-standing disagreement over the nature of the Court's original jurisdiction.

Reason

The Behind the Scenes Wrangling in the Idaho Abortion Case

Joan Biskupic reports that the justices were initially inclined to back Idaho in the EMTALA case, until they realized the case was messier than they had thought.

Reason

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Harris hits Trump with the receipts

Harris won’t let Donald Trump or JD Vance flip the script on abortion

Salon

What Would It Mean For Lower Federal Court Judges To Enforce A Code Of Conduct Against Supreme Court Justices?

Does Justice Kagan really want Chief Judge Kimberly Moore to give Justice Thomas the Pauline Newman treatment?

Reason

Making Sense of the Moody Opinions In NetChoice

I think it is clear that Justice Alito lost the majority, but the resulting schizophrenic opinions still do not cohere.

Reason

The Way To A Circuit Court Nomination Is To Lose A Landmark Supreme Court Case

President Biden nominated the non-prevailing attorneys in Dobbs and SFFA to the First and Fourth Circuits, respectively.

Reason

Justice Thomas Argues the Court Should at Some Point Consider Whether "Assault Weapons" Bans Violate Second Amendment

Justice Alito takes a similar view, but, at least in this case, this view didn't get the four votes necessary to grant review.

Reason

Did Justice Alito Lose The Majority Opinions In Trevino and NetChoice?

Alito had only four majority opinions this term, while Roberts, Thomas, Sotomayor, and Kagan all had seven.

Reason

US supreme court decisions: the biggest cases this term and their outcomes

The court has wrapped up its term, issuing a string of blockbuster decisions with the conservative supermajority in the driver’s seat

The Guardian - US

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Reason

S. Ct. Recognizes Platforms' Right to Choose What Appears in "Curated Feeds," Doesn't Resolve Other Content Moderation Questions

In today's Moody v. Netchoice, LLC, the Supreme Court sent back to lower courts the cases considering whether (and when) the Florida and Texas limits on social media content moderation are constitutional. The decision was complicated and limited, so here's a general summary. [1.] Remember that the lawyer's true superpower…

Reason

Final Predictions For the Final 3 Cases

Monday, Monday, Monday! Trump, NetChoice, Corner Post!

Reason

Why Does (It At Least Appear That) Justice Barrett Applies "New," "Heightened," and "Elevated" Standing Rules?

Justice Barrett adamantly resists the suggestion that she keeps leveling up the burden on plaintiffs, but it is becoming more difficult to deny.

Reason

Predictions For The Final 6 Cases

Chevron, Netchoice, Trump, Grant's Pass, Fischer, and Corner Post.

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Reason

KBJ DGAF

Unlike Justices Sotomayor and Kagan, Justice Jackson has no problems criticizing Justice Barrett.

Reason

Justices Alito, Thomas, and Gorsuch Dissent On An "Emotional and Highly Politicized" Case

And they charge that Justices Barrett and Kavanaugh "lost the will" to decide the case.

Reason

Two Excellent Opinions in Murthy v. Missouri

Justice Barrett's majority opinion reaches the right outcome; Justice Alito's dissent publicizes the atrocious mistreatment of Facebook by the Biden Administration during Covid.

Reason

The Lack of Standing in Murthy v. Missouri

Are we in the middle of a great standing reset?

Reason

A Blue June?

June 2022 was one victory after another for conservatives. June 2024 seems just the opposite.

Reason

Supreme Court Sends Message with Narrow Standing Holding in Murthy v. Missouri

Even if one thinks the federal government crossed the line in pushing more aggressive social-media-platform content moderation policies, plaintiffs must still satisfy the traditional requirements of Article III standing.

Reason

Tradition In Erlinger

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

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