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The Latest Breaking News from Alito

The Status of Smith and Yoder After Mahmoud

The Court continues avoiding the Smith issue, but in an unexpected way.

Reason

Contrasting Coercion for the Free Exercise Clause in Mahmoud and Coercion for the Establishment Clause in Kennedy

The Court finds that the government cannot indirectly coerce children who are exercising their religious beliefs, but the government can indirectly coerce children who are not exercising their religious beliefs.

Reason

Religion at the Supreme Court

Three Cases from OT 2024

Reason

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Have The Gundy and Fulton Moments Passed?

The intelligible principle test and Employment Division v. Smith are likely safe from Justices Kavanaugh and Barrett.

Reason

Justice Kavanaugh Lays Out His Roadmap In FCC v. Consumers' Research

Justice Kavanaugh parts ways with Justice Gorsuch on the non-delegation doctrine, but charts two paths for independent agencies.

Reason

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

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Predictions For The Remaining 15 Cases

Barring any surprises, I do not expect any surprises.

Reason

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

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

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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.

The Independent UK

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

Reason

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.

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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

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.

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.

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