The Latest Breaking News from Barrett

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

The October 2023 Term of FantasySCOTUS finally came to a close. This term, Chief Justice Roberts cemented himself as the Court's center, as Justice Barrett continues to separate herself from the other Trump appointees. On the whole, this term was more predictable than some recent years. And the FantasySCOTUS prediction…

Report describes heated deliberations over whether to reverse decision on high-profile Idaho abortion ban case

I appreciate the replies from Orin, Will, and Sam. We have very different conceptions on what role a scholar should play and what role a judge should play. My writings in this area are both retrospective and prospective. I look backwards to see what qualifications a judge had at the…

Joan Biskupic reports that the justices were initially inclined to back Idaho in the EMTALA case, until they realized the case was messier than they had thought.

What stuff are the Court's middle three Justices made of?

I don't get the random questions Justice Barrett raises, and I'm not sure why she didn't mention her reservations in Hansen..

I think it is clear that Justice Alito lost the majority, but the resulting schizophrenic opinions still do not cohere.

Even if an erroneous precedent cannot be overruled, isolate the damage, and decline to extend it to new circumstances.

Chief Justice Roberts's majority decision in Trump v. United States undermines key aspects of Mueller's framework.

We know that she didn't agree on the evidentiary issue. Beyond that, the disjunction is unclear.