The Latest Breaking News from Alito

Scalia's "Prophecy" in Lawrence And The Joint Dissent in Dobbs

That awkward moment when Justice Breyer joins an opinion that criticizes his join in Lawrence.

Reason · Jun 27, 2022

The Assignments and Timing in Dobbs

Who assigned the majority opinion to Justice Alito?

Reason · Jun 27, 2022

The Limits of Bruen

The Constitutionality of "Shall Issue" Regimes After Bruen.

Reason · Jun 27, 2022

Tentative Thoughts On The Jewish Claim To A "Religious Abortion"

Recently, Congregation L'Dor Va-Dor, a synagogue in Palm Beach County, Florida, challenged the constitutionality of Florida's new abortion restriction. I think there are many procedural problems with the complaint, including standing and the scope of the proposed remedy. (See my post here.) But here I'd like to address the merits…

Reason · Jun 20, 2022

What's Wrong With That Footnote? It's Only Seven Words Long!

Chief Justice Roberts refuses to join a wee little footnote in a Justice Barrett opinion.

Reason · Jun 15, 2022

Barrett v. Gorsuch -- Continued

Justice Gorsuch has dissented from two-thirds of Justice Barrett's majority opinions this term.

Reason · Jun 15, 2022

Who The Hale Cares What They Think?

Justice Barrett cites Sir Matthew Hale, as did Justice Alito in Dobbs draft.

Reason · Jun 14, 2022

Textualism Monday

Four decisions that turn on the meaning of text.

Reason · Jun 14, 2022

Court Limits Ban on Speech That Causes "Substantial Emotional Distress" with "Intent to Harass or Intimdate"

The court concludes that the federal "cyberstalking" statute covers only speech intended to "put the victim in fear of death or bodily injury" or to "distress the victim by threatening, intimidating, or the like."

Reason · Jun 13, 2022

Kavanaugh's Paradox

For more than a month, protestors have demonstrated outside of Justice Kavanaugh's house. The purpose of these gatherings is clear: to pressure the Justice to change his vote in Dobbs. On Tuesday, Nicholas John Roske traveled to Justice Kavanaugh's house with the same purpose. But instead of wearing a pussy…

Reason · Jun 9, 2022