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The Latest Breaking News from Alito

Justice Alito's Letter About The Flag Flap

He will not recuse, so everyone should move on.

Reason

Biden Campaign Shifts Strategy Amid Concerns Over Re-Election Prospects

Biden campaign shifts strategy amid polling concerns. Justice Alito faces criticism for refusal to recuse.

Top News

The Alito Flag Flap, Snyder v. Phelps, and Chaplinsky v. New Hampshire

The latest reporting from the New York Times intersections with Free Speech cases.

Reason

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Our Strange Politics of Meaning Assignment

A thought.

Reason

Supreme Court Justice Alito's Flag Controversy Sparks Ethics Debate

Debate over Supreme Court ethics and recusal rules amid concerns about impartiality and accountability.

Top News

The Value of Legislative Drafting Guides

In Brown v. United States, Justice Alito relied on them, but Justice Jackson did not.

Reason

Alito flags spark alarm over lax ethics

Justice Alito "and Justice Thomas at some level have only themselves to blame” if Congress cracks down, expert says

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Former Florida Governor Calls For Justice Alito's Recusal

Former Florida governor Jeff Swartz raises concerns about impartiality of Supreme Court Justices Alito and Thomas in January 6th cases, emphasizing adheren...

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Justice Alito's Home Displays Provocative Flag, NYT Reports

Controversy surrounds US Supreme Court Justice Alito's flag display, sparking debate on free speech and symbolism.

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Supreme Court Justice Alito's Upside-Down Flag Controversy

Controversy surrounds Justice Alito's flag incident defended by Senator Cruz amid court-packing concerns.

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Flagpole to Heaven

I've learned a few things this past week about the Alitos. It seems that they have flag poles at their homes, and use flags to convey messages. I'm not sure if the Alitos have taken classes on flag semaphore. What those messages are, exactly, I do not know. At the…

Reason

30 Months After Only Three Justices Would Have Granted Cert in Roman Catholic Diocese of Albany, the New York Court of Appeals Holds Fulton Changed Nothing

Decisions from Justices Kavanaugh and Barrett continue to linger.

Reason

Judicial Boycotts of Non-Elite Schools

In April 2009, a law student at American University asked Justice Scalia how a student from her school could become "outrageously successful" without "connections and elite degrees." (The clip begins around 52:00.) Scalia laughed out loud. He answered, "Just work hard and be very good." But then he digressed to…

Reason

CFPB v. CFSAA: Originalists v. Traditionalists

The Court's originalists and traditionalists break out into their camps.

Reason

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Reason

Rhymes with Punt

Following up on the fringe theory about Justice Alito's flag, Shannon Bream of Fox News has these tweets: I spoke directly with Justice #Alito about the flag story in the NYT. In addition to what's in the story, he told me a neighbor on their street had a "F--- Trump"…

Top News

Justice Alito's Home Flies US Flag Upside Down

Justice Alito's decision to fly the US flag upside down at his home post-January 6th events sparks debate and speculation about its symbolic meaning.

Reason

Why did Justices Sotomayor, Kagan, and Jackson Dissent in Robinson v. Landry?

And what would have happened if Justices Thomas, Alito, and Gorsuch did not vote to grant the stay?

Reason

Justice Gorsuch's Concurrence in Labrador v. Poe

The walls are closing on universal, non-party injunctions against state laws.

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Supreme Court Eases Path For Discrimination Lawsuits Against Employers

Supreme Court ruling favors employee in discrimination case involving forced transfer, setting precedent for future lawsuits.

Reason

Justice Kavanaugh Rejects The Substantive "Veterans Benefits" Canon

A careful textualist analysis that speaks more broadly to other substantive canons, including Chevron deference.

Reason

Congratulations to Sam Bray, Whose National Injunction Article Was Cited Three Times by Justices Today

That happened in yesterday's opinions respecting the stay in Labrador v. Poe, twice in Justice Gorsuch's concurrence (joined by Justices Thomas and Alito), and once in Justice Jackson's dissent (joined by Justice Sotomayor). Nice! For Sam's substantive analysis of Labrador, see this post.

Reason

Is the Bell Tolling for Universal Injunctions?

Yesterday the Court stayed most of the district court's injunction in Labrador v. Poe, narrowing the injunction so that it protected only the plaintiffs from the enforcement of Idaho's statute restricting surgeries and other kinds of medical interventions for minors related to gender identity. Accompanying the Court's stay were three…

Reason

Mifepristone in the Supreme Court—Comments on Oral Argument (Updated)

Live commentary on the Supreme Court oral argument in FDA v. Alliance for Hippocratic Medicine

Reason

The Sequel to Doe v. Mills: Justice Barrett Tightens The Screws On The Shadow Docket

The center of the Court wants to push back on temporary administrative stays and the Fifth Circuit.

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US Supreme Court Extends Pause On Texas Immigration Law

US Supreme Court Justice Alito extends halt on Texas immigration law, pending further review. Supporters argue for border protection, critics raise concern...

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