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The Latest Breaking News from Alito

Chief Justice Roberts and Justice Gorsuch Walk Back Bostock

Justice Sotomayor is right. The majority cannot just wish away Bostock.

Reason

Supreme Court Rejects Constitutional Challenge to State Limits on Sex Transition Treatments for Minors

The Court's majority avoids the larger question of whether laws targeting transgender individuals should be subject to heightened scrutiny, but Justice Barrett did not.

Reason

Predictions For The Remaining 15 Cases

Barring any surprises, I do not expect any surprises.

Reason

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See, I Told You So About Justice Barrett

Justice Barrett compares the Constitution to Odysseus. But I feel like Cassandra.

Reason

Second Amendment Roundup: Cert denied in rifle and magazine ban cases.

Justice Kavanaugh: “this Court should and presumably will address the AR–15 issue soon.”

Reason

Is Justice Barrett "Solidifying Herself as the Swing Justice"?

Claims that Justice Amy Coney Barrett is at the center for the Court are not supported by the data. The truth is more complicated.

Reason

Justices Alito and Thomas Dissent from Court's Declining to Hear "There Are Only Two Genders" School T-Shirt Case

From Justice Alito's dissent from the denial of certiorari in L.M. v. Town of Middleborough, joined (with a twist) by… The post Justices Alito and Thomas Dissent from Court's Declining to Hear "There Are Only Two Genders" School T-Shirt Case appeared first on Reason.com.

Reason

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The Supreme Court Said States Can't Discriminate in Alcohol Sales. They're Doing It Anyway.

Two decades after Granholm v. Heald was supposed to end protectionist shipping laws, states and lower courts continue to undermine the decision.

Reason

Is POTUS Or SCOTUS More To Blame In A "Clash Of Illegalities"?

Our expectations must be much higher for the unaccountable Supreme Court than the popularly-elected President.

Reason

Supreme Court Enjoins Summary Removal of Alleged Tren de Aragua Members under Alien Enemies Act

A majority of the justices seem unconvinced the Administration was prepared to provide the process that was due. Justices Alito and Thomas dissent.

Reason

The Latest: Supreme Court hears arguments in case over Trump’s birthright citizenship order

The Supreme Court is hearing its first set of Trump-related arguments in the second Trump presidency

The Independent UK

Vice President Vance Will Look For SCOTUS Nominees With "Real Courage" Who Have "Stood Up To The Crowd"

Vance mentions Justices Thomas and Alito as exhibiting this courage, but none of the Trump appointees.

Reason

SCOTUS Permits Discharge In COVID and Transgender Cases

Comparing Navy Seals and Shilling.

Reason

This Is Not the 5-4 Supreme Court Split You Were Looking For

A statutory interpretation case, involving national emergencies, splits the justices in an unusual way.

Reason

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Reason

The Timing of the 5th Circuit's Ruling in A.A.R.P. v. Trump

The 5th Circuit and Supreme Court decided the case at *exactly* the same time.

Reason

Process Formalism In Texas But Not At SCOTUS

Kudos to Judge Ramirez who understands how the rules of civil and appellate procedure operate.

Reason

Supreme Court Issues Unusual Order in Alien Enemies Act Deportation Case

The order temporarily blocks AEA deportations. It likely also reflects the Court's growing frustration with the Trump Administration.

Reason

White Lion Reverses Fifth Circuit Again By Narrowly Reading Record And Question Presented

It is very easy to reverse a court when you exclude virtually every argument from consideration.

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Reason

VanDerStock is NetChoice Redux: A Sharply-Divided Court Threads The Needle With A "Facial Challenge" Analysis

The Court may have overruled Chevron, but it has just inadvertently created a far more powerful deference doctrine with Salerno, all in service of narrowly reversing the Fifth Circuit.

Reason

Second Amendment Roundup: Supreme Court Decides VanDerStok

Narrow decision leaves ATF regulation in limbo.

Reason

Justice Alito Calls To Reconsider Justice Scalia's Proudest Accomplishment

Even Nino nods on the Confrontation Clause.

Reason

Justices Alito and Gorsuch Would Like to Reconsider Crawford

Two decisions respecting a denial of certiorari suggest the Court should reconstruct Confrontation Clause jurisprudence.

Reason

The Next Best Defense Of Justice Barrett: She May Disagree With Justice Thomas A Lot, But You Better Learn To Deal With It, Because She Will Be Here For A Long Time

On Monday, I wrote about Mike Fragoso's defense of President Trump's decision to appoint Justice Barrett. Fragoso has now published… The post The Next Best Defense Of Justice Barrett: She May Disagree With Justice Thomas A Lot, But You Better Learn To Deal With It, Because She Will Be Here…

Reason

"Specific Relief Against Sweeping Executive Decrees," from Prof. James Pfander (Northwestern)

I'm very glad to pass along this item from Prof. James Pfander about Department of State v. AIDS Vaccine Advocacy… The post "Specific Relief Against Sweeping Executive Decrees," from Prof. James Pfander (Northwestern) appeared first on Reason.com.

Reason

Why the Supreme Court's "Order" In The USAID Case Was An Advisory Opinion (Updated)

If the Court denies the writ or application, the Court cannot instruct the lower court.

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