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The Latest Breaking News from Antonin Scalia

Justice Gorsuch Explains What Collegiality Means

Does it mean going to the opera together, or a willingness to be persuaded?

Reason

Struggling with Standing

The Supreme Court's conservatives are not cutting conservative litigants any slack (and that's a good thing).

Reason

Trump's Favorite Justice Was One of Those 'Stupid People' Who Think Flag Burning Is Protected Speech

Antonin Scalia twice joined Supreme Court decisions rejecting bans on that particular form of political expression.

Reason

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JD Vance on Justice Scalia in 2014

"He's become a very shrill old man. I used to really like him, and I used to believe all of his stuff about judicial minimalism was sincere. Now I see it as a political charade."

Reason

Daughter of late Supreme Court Justice Scalia appointed to Virginia Board of Education

Virginia Gov. Glenn Youngkin has appointed the daughter of the late Supreme Court Justice Antonin Scalia to serve on the Virginia Board of Education

The Independent UK

Cannon gifts Trump a first immunity win

Judge Aileen Cannon’s stunning dismissal of Trump’s classified documents case burnishes her MAGA credentials

Salon

Again and again, U.S. Supreme Court slaps down 5th Circuit

The New Orleans-based court, which hears Texas cases, is pushing the federal judiciary to the right, even when it gets overturned by a higher court.

The Texas Tribune

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Justice Thomas raked in staggering $2.4 million in gifts, watchdog says, dwarfing the next highest justice

Fix the Court, the group that released the findings, calculated the total in gifts from January 2004 to December 2023 and said the nine current justices received 344 gifts totaling nearly $3million.

The Independent UK

To recuse or refuse? A look at Supreme Court justices’ decisions on whether to step aside in cases

In declining to step aside from two high-profile Supreme Court cases, Justice Samuel Alito has provided a rare window on the opaque process by which justices decide to recuse themselves

The Independent UK

Trump's Abortion Stance Is Convenient, but That Does Not Mean He's Wrong

His embrace of federalism is one of those rare instances when political expedience coincides with constitutional principles.

Reason

Embracing a Federalist Approach to Abortion, Trump Condemns Democrats As 'Radical'

The former and would-be president is keen to avoid alienating voters who reject both kinds of extremism on the issue.

Reason

Good riddance to Mitch McConnell

The guy who made Donald Trump possible falls to Donald Trump

Salon

Mitch McConnell’s time in the Senate will be remembered as sad and cynical

He was once a moderate. As his party moved right, so did he – presiding over an ever-more partisan, acrimonious Senate

The Guardian - US

New Univ. of Texas Law Class on "Understanding Conservative Legal Thought"

I thought this item from Prof. John Greil at Texas was much worth passing along; he is still developing the syllabus, and comments and suggestions are welcome at john [dot] greil [at] law [dot] utexas [dot] edu: Next fall semester, I'll be teaching a new course at Texas Law—Understanding Conservative…

Reason

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Reason

Amicus Brief Filed in Trump v. Griswold On Behalf of Professor Seth Barrett Tillman

"By contrast, a holding that the President is not an 'Officer of the United States' would authoritatively resolve the Section 3 case against the Petitioner. In that event, it will be the people, and not judges, or state officials, or Congress, who will decide."

Reason

January 6, 2021 Was Not an Insurrection

Noscitur a sociis.

Reason

Defending Clarence Thomas from My Good Friend Steve Lubet

The best and most incorruptible Supreme Court Justice in U.S. History

The Guardian - US

Will Trump provoke a crisis of legitimacy for the US supreme court?

The court can only rescue Trump from the Colorado ruling by shredding originalism and textualism. Will it?

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Reason

Clarence Thomas: The Best and Most Incorruptible Supreme Court Justice in U.S. History

116 people have served on the Supreme Court and Justices Thomas is the best

Salon

Clarence Thomas' money woes revealed

Thomas pushed for higher salary — and to allow Supreme Court justices to take speaking fees

Reason

16 Disclosures from the New York Times Leak Report About Dobbs

Jodi Kantor and Adam Liptak of the New York Times have published a remarkable story about Dobbs that reports on private correspondences, votes at conference, and more. This post will highlight sixteen of the largest disclosures, and close with some broader thoughts. And I've presented this narrative in (roughly) chronological…

Reason

Life After Erie:

What happens on the day after Erie is overturned?

The Independent UK

2023 Election Day results: Democrats win big on abortion and marijuana

One year out from the 2024 presidential election, off-year ballots revealed the key priorities for Americans

Reason

Public Discourse Project: Bringing Civil Discourse to Law Schools

Prof. JoAnn Koob at George Mason University [Antonin Scalia] School of Law told me about this project, which sounds very interesting, so I thought I'd pass it along. Here's the blurb from her: Bringing Civil Discourse to Law Schools As the country becomes increasingly divided, civil and thoughtful discussion about…

The Guardian - US

‘You want to think America is better’: can the supreme court be saved?

Documentarian Dawn Porter’s expansive new series Deadlocked looks back at the history of an institution that has shaped the US for better and, more recently, worse

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