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The Latest Breaking News from Antonin Scalia

The Scalia Revolution

Antonin Scalia's legacy ten years after his death.

Reason

Drug Dogs Should Not Be Unleashed To Authorize Apartment Searches, a SCOTUS Brief Argues

The 4th Circuit held that the doorstep of an apartment did not qualify as protected "curtilage" under the Fourth Amendment.

Reason

Trump vs. Scalia on Sanctuary Cities and the Minneapolis Immigration Crackdown

Plus: Why is the Supreme Court’s tariff decision taking so long?

Reason

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The Samuel Alito Nomination -- Twenty Years Later

A judicial appointment that began the Supreme Court's transformation.

Reason

Conservative 'Judicial Activists' vs. ICE

Why a conservative judge’s “patience is at an end” over Trump’s immigration crackdown.

Reason

Trump Says States Are Required To Enforce Federal Immigration Laws. He's Wrong.

"The Framers...designed a system in which the State and Federal Governments would exercise concurrent authority over the people," wrote Justice Antonin Scalia.

Reason

The Feds Who Killed Alex Pretti Are Heavily Shielded From Being Sued. Blame the Supreme Court for That.

It is nearly impossible to sue a rights-violating federal agent under current caselaw.

Reason

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Transgender Athletes, Guns, and the Federal Reserve: 3 SCOTUS Cases To Watch in January

The Supreme Court’s January docket is packed with big cases.

Reason

An Open Letter to Heritage Foundation President Kevin Roberts (Guest Post from Prof. Nelson Lund)

Below is an open letter to Heritage Foundation President Kevin Roberts from my Scalia Law colleague Nelson Lund: After your… The post An Open Letter to Heritage Foundation President Kevin Roberts (Guest Post from Prof. Nelson Lund) appeared first on Reason.com.

Reason

Why Does SCOTUS Hear So Few Second Amendment Cases?

The right to keep and bear arms occupies a curious place in American legal history.

Reason

As The Roberts Court Turns 20, The Originalist Revolution Turns 40

"By the end of President Reagan’s administration, the originalist revolution was underway."

Reason

Retired US supreme court justice fears ‘democracy is not guaranteed to survive’

Anthony Kennedy told NPR ‘partisanship is becoming ... more prevalent and more bitter’ in the high court’s opinions

The Guardian - US

The Law No Longer Listens To Justice Kennedy

Justice Kennedy's new book reminds me how grateful I am the law no longer listens to him.

Reason

RIP Professor John S. Baker, Jr.

I am very sad to relay that Professor John S. Baker, Jr. has passed away. John was an iconic constitutional… The post RIP Professor John S. Baker, Jr. appeared first on Reason.com.

Reason

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The Guardian - US

Amy Coney Barrett says supreme court rulings are ‘not opinion polls’

Justice believes court should not ‘impose’ own values as it weighs request to overturn same-sex marriage decision

The Guardian - US

Amy Coney Barrett defends US abortion ruling in memoir: ‘respected choice’

Supreme court justice says overturning Roe v Wade respected voters’ will, though polls show otherwise

The Conversation

Why Donald Trump’s plans to prosecute flag burning divides his supporters

“If you burn a flag, you get one year in jail. No early exits. No nothing.” This is what US president Donald Trump announced in the Oval Office in the last week in August. Ever the master media manipulator, America’s communicator-in-chief issued this as an executive order.

Latin Times

Trump's Flag-Burning Punishment Triggers Conservative Pushback: 'Government Has No Right to Control Speech'

President Donald Trump's new executive order on flag burning has drawn criticism not only from opponents but also from some of his most prominent conservative allies.

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Benzinga

Trump Signs Executive Order To Jail Flag Burners: 'You Burn A Flag, You Get One Year In Jail'

President Donald Trump on Monday directed the Justice Department to prosecute individuals who burn the American flag, directly challenging decades-old Supreme Court precedent protecting it as free speech.

Reason

Trump Administration Sued for Violating Foreign Students' Free Speech Rights

The First Amendment protects everybody from the government, whether citizen or not.

Reason

On Sanctuary Cities, It's Trump vs. the 10th Amendment

The anticommandeering doctrine stands in the way of Trump’s immigration crackdown.

The Conversation

Supreme Court news coverage has talked a lot more about politics ever since the 2016 death of Scalia and GOP blocking of Obama’s proposed nominee

The U.S. Supreme Court has always ruled on politically controversial issues. From elections to civil rights, from abortion to free speech, the justices frequently weigh in on the country’s most debated problems.

Reason

"What Skrmetti Should Have Said"

"Yet, Dobbs did not repudiate the basis of Roe and Casey, the notion that legislatures are not empowered to enact laws based on public notions of morality. And Skrmetti refused to acknowledge that foundational basis of our republic."

Reason

See, I Told You So About Justice Barrett

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

Reason

Mitchell Berman on Conditional Federal Grants and the Constitution

While there is no constitutional right to receive grants, the Constitution does bar grant conditions that undermine constitutional rights.

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