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The Latest Breaking News from Antonin Scalia

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.

Benzinga

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.

Reason

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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.

The Conversation

"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.

Reason

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Since Immigration Is an 'Invasion,' a Top Trump Adviser Says, the President Might Suspend Habeas Corpus

Stephen Miller's understanding of the Constitution is dubious for several reasons.

Reason

Why the FBI Arrested Judge Hannah Dugan

The Wisconsin judge is charged with obstruction of justice and concealing an undocumented alien to prevent his arrest.

Reason

Rachel Barkow: Did Trump and Biden Turn Pardons Into a Corrupt Joke?

Presidential pardons have become a tool of favoritism and politics.

Reason

Will Trump put a Fox News host on the US supreme court? Mark Tushnet can’t rule it out

In his new book, the Harvard law professor argues against originalism and for putting non-judges on the highest court

The Guardian - US

Who is Danielle Sassoon, the US attorney who resigned rather than drop charges against Eric Adams?

Danielle Sassoon had served just three weeks as interim U.S. Attorney for the Southern District of New York when she penned a letter to U.S. Attorney General Pam Bondi saying she could not follow a directive to drop the office’s corruption case against New York City Mayor Eric Adams

The Independent UK

200,000 Layoffs

Plus: Possible quid pro quo between the DOJ and Eric Adams, DEI in the federal government, and more...

Reason

Invoking Scalia in the Sovereign District

Acting Deputy Attorney General Emil Bove instructed Danielle Sassoon, the Acting U.S. Attorney for SDNY, to dismiss the indictment against New… The post Invoking Scalia in the Sovereign District appeared first on Reason.com.

Reason

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The Conversation

Federal threats against local officials who don’t cooperate with immigration orders could be unconstitutional − Justice Antonin Scalia ruled against similar plans

President Donald Trump has begun to radically change how the U.S. government handles immigration, from challenging long-held legal concepts about who gets citizenship to using the military to transport migrants back to their countries of origin.

Reason

Guns and Grammar

Though awkward and antiquated, the Second Amendment’s syntax and grammar unambiguously protect gun rights.

The Conversation

US Supreme Court is unabashedly liberal − in its writing style

The current Supreme Court has upended historic precedent on abortion protections and drawn scrutiny for ethics conflicts, while its docket remains packed with high-profile cases set to dominate headlines in the months ahead.

Al Jazeera

‘Law of the land:’ Biden signals Equal Rights Amendment should be ratified

The outgoing US president called on others to ‘affirm’ the amendment, which bars discrimination on the basis of sex.

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Reason

President-Elect Trump's New White Paper on Conflicts of Interest

In January 2017, President-Elect Trump held a press conference and released a conflict of interest policy. In what feels like… The post President-Elect Trump's New White Paper on Conflicts of Interest appeared first on Reason.com.

Al Jazeera

Mitch McConnell’s legacy: A ‘grim reaper’ for US bipartisanship?

McConnell is set to step down as the longest-serving Senate leader. Experts say he made the chamber into a battlefield.

The Texas Tribune

As Texas Chief Justice Nathan Hecht prepares to retire, he reflects on the Supreme Court he helped change

Over 35 years, Hecht modernized the court, increased access to justice for the poor and saw his conservative views come to dominate the bench.

The Independent UK

Justice Clarence Thomas did not disclose additional luxury trips funded by billionaire patron

All of the gifts Justice Thomas has accepted from a Republican donor are valued at $4.75 million, according to a new report

Reason

The Meese Revolution: The Making of a Constitutional Moment (2024)

by Steven Gow Calabresi and Gary Lawson.

Roll Call

Trump and recess appointments: A procedural and legal quagmire - Roll Call

Republicans may allow Trump to temporarily fill vacancies with recess appointments. But that approach comes with its own complications.

Reason

A Debate Over the Open Fields Doctrine and Fourth Amendment Law

Featuring comments from Joshua Windham, and my response.

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