Predicting Case Authors and Outcomes as the Supreme Court Hits the Home Stretch Some worth-what-you-paid-for-them predictions for the final(?) week of SCOTUS opinions. Reason · Jun 25, 2023
Justice Alito Preempts ProPublica "Investigative Journalism" "ProPublica has leveled two charges against me. . . . Neither charge is valid." Reason · Jun 21, 2023
Reservations For Two Justices Gorsuch and Alito have diametrically opposite perspectives on Indian Tribes Reason · Jun 18, 2023
Has Justice Gorsuch Ever Written An Opinion That Ruled Against An Indian Tribe or Member? 9-0. Reason · Jun 15, 2023
Roberts Waves the White Flag of Textualism in Allen v. Milligan Justice Scalia would be rolling over in his grave. Reason · Jun 12, 2023
Justice Thomas Had No Majority Opinion from October Sitting, But Still Wrote More Than Any Other Justice Justice Ketanji Brown Jackson may speak the most at oral argument, but Justice Thomas is writing more pages. Reason · Jun 9, 2023
Does a Footnote in Sackett II Indicate How SCOTUS Will Resolve the Affirmative Action Cases? Could the Court treat Justice Powell's Bakke opinion the way it treated Justice Kennedy's Rapanos opinion? Reason · Jun 1, 2023
In Sackett v. EPA, the Supreme Court Cuts Back Federal Regulatory Authority Over Wetlands The Clean Water Act decision was a unanimous win for the Sacketts, and a 5-4 victory for Justice Scalia's 2006 Rapanos v. United States plurality. Reason · May 25, 2023
Another Voting Paradox Case (Pork Division) The California Pork case (NPCC v. Ross) is another example of a case whose outcome conflicts with the doctrines adopted by the Court itself in its opinions. Reason · May 16, 2023
How Did Justice Gorsuch Lose A Majority In National Pork Producers? Thomas assigned the majority to Justice Gorsuch, but he couldn't hold five all the way. Reason · May 12, 2023
SCOTUS Chooses California Over Pork Producers and Bacon Consumers (and Issues Four Other Opinions Too) The Supreme Court issues five merits opinions, but there are still forty more waiting. Reason · May 11, 2023
Senator Schumer's Letter to Chief Judge Godbey (NDTX) If you don't do what I want, "Congress will consider more prescriptive requirements." Reason · Apr 29, 2023
How Will the Mifepristone Case Get Back to the Supreme Court? On Friday evening, the Supreme Court granted a complete stay of the District Court's order in Alliance for Hippocratic Medicine v. FDA. And that stay will remain in effect while the proceedings in the Fifth Circuit continue. For now, the status quo continues. Justice Thomas would have denied the application… Reason · Apr 22, 2023
Reason · Apr 22, 2023 The Supreme Court's Mifepristone Stay Last night the Supreme Court entered a short but important order staying an order issued by the Northern District of Texas in the mifepristone litigation "pending disposition of the appeal in the United States Court of Appeals for the Fifth Circuit and disposition of a petition for a writ of…
Salon · Apr 21, 2023 SCOTUS: Abortion pill is safe — for now SCOTUS reversed a federal judge's previous ruling that banned mifepristone, a pill intrinsic to medication abortion
Reason · Apr 20, 2023 Reed v. Goertz, California v. Texas, and WWH v. Jackson Justice Kavanaugh's six-page majority opinion does not withstand scrutiny against Justice Thomas's 20-page dissent.
Reason · Mar 22, 2023 Alito: "I went to a law school where I didn't learn any law." I was pleased to attend oral argument today in Jack Daniel's Properties, Inc. v. VIP Products--my first argument since the pandemic. This fun IP case considers a doggy toy that closely resembles a bottle of Jack Daniels whisky. It is always fun to see Lisa Blatt argue in person. She…
Reason · Mar 1, 2023 Making Sense Of The Votes In Bittner v. United States Why did Justices Kagan and Sotomayor, but not Justice Jackson, join Justice Barrett's dissent?
Reason · Feb 28, 2023 An Unusual Supreme Court Split in Bittner v. United States The Bank Secrecy Act divides the justices in an unusual way, and Justice Barrett authors her fourth opinion in an argued case.
Reason · Feb 24, 2023 Justice Sotomayor: Summary Reversal on the "Shadow Docket" Caused A "Significant Change" In Federal Law Justice Barrett countered that the SumRev "did not change the content of federal law."
Reason · Feb 22, 2023 Has Justice Barrett Replaced Justice Ginsburg as the Court's Quickest Opinion Writer? Justice Barrett has produced two majority opinions before most of her colleagues have produced one.
Reason · Feb 7, 2023 Abortion and the 13th Amendment Judges cannot take the Supreme Court's silence as a ground to subvert Supreme Court precedent.
Salon · Jan 20, 2023 Experts stunned by SCOTUS leak omissions Experts say Supreme Court Dobbs opinion leak probe is "really not an investigation"
Reason · Dec 5, 2022 Justice Alito Asks Questions in 303 Creative from Jewish Coalition for Religious Liberty Amicus Brief Justice Kagan confirms that J-Date is in fact a Jewish dating site.