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The Latest Breaking News from Barrett

Biden v. Nebraska and the DACA Litigation

Is the longstanding deferred action policy a major question?

Reason

Goldilocks and the Four Non-Originalists

Counterman v. Colorado was a throwback to a different era.

Reason

Making Sense Of The Votes In Mallory v. Norfolk Southern Railway Co.

The decision this term that has the largest potential for a legal "jolt" was Mallory.

Reason

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The "Look Before You Leap" Principle

and other matters from the latest episode of Divided Argument

Reason

What Is The Effect Of The "Judgment" From Harper I?

Chief Justice Roberts, and regrettably Justice Barrett, keep the case alive by succumbing to the writ of erasure fallacy.

Reason

What's Left Standing of Special Solicitude for States After U.S. v. Texas?

The Supreme Court did not overturn the standing holding of MAssachusetts v. EPA, but it may have left it on life support.

Reason

Justice Kavanaugh's Arrested Development

U.S. v. Texas, Linda v. Richard, and Brett v. Amy.

Reason

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Counting to Five in Texas v. United States

Justice Kavanaugh penned a narrow decision that cobbled together a majority.

Reason

Start the Death Watch for the Overbreadth Doctrine

United States v. Hansen signals the Court is not willing to "strike down" laws that may, hypothetically, burden someone else's speech rights.

Reason

Justice Thomas Declines To Extend Non-Originalist Confrontation Clause Precedent

Don't act surprised when Thomas narrowly reads made-up Brennan decision from 1968 that itself reversed precedent.

Reason

How would Justice Barrett have voted in United States v. Lopez?

The limiting principle presented in Lopez would likely not meet her threshold.

Reason

The Kavanaugh Concurrence When He Swings Left

I'm holding my breath on his predictions in Allen and Brackeen.

Reason

From Windsor to Brackeen

Scalia was right: "The only thing that will 'confine' the Court's holding is its sense of what it can get away with."

Reason

Professor Barrett Flunks Brackeen's Lawyers

Justice Thomas would place the burden on the government, and follow a presumption of liberty.

Reason

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news in one place.

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Reason

SCOTUS Covers The Waterfront On The Lake Of Torches

He coulda been a contender.

PC Gamer

All the Starfield companions and crewmates we've seen so far

Bethesda has said you won't be short for help on this ship; here's who you can recruit to the crew.

Salon

SCOTUS is helping polluters

Brett Kavanaugh broke from the conservative majority to warn about helping businesses pollute the water

Reason

Another Voting Paradox Case (Pork Division)

The California Pork case (NPCC v. Ross) is another example of a case whose outcome conflicts with the doctrines adopted by the Court itself in its opinions.

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Sports Illustrated

The Knicks’ Playoff Exit Answers Important Questions About New York’s Future

With the right offseason moves, the Knicks could cultivate a more playoff-ready offense.

Reason

How Did Justice Gorsuch Lose A Majority In National Pork Producers?

Thomas assigned the majority to Justice Gorsuch, but he couldn't hold five all the way.

Reason

SCOTUS Chooses California Over Pork Producers and Bacon Consumers (and Issues Four Other Opinions Too)

The Supreme Court issues five merits opinions, but there are still forty more waiting.

Reason

Some Levity On A Technical Oral Argument Day

Today, the Harlan Institute and Ashbrook hosted the championship round for our virtual Supreme Court competition. Every year, we fly the top two teams and their coaches, to Washington, D.C. These high schoolers had a jam packed day. In the morning, we attended oral argument at the Supreme Court. For…

Reason

Chief Justice Roberts's Assignment Dilemma

If Justices Thomas and Alito are dissent, and Justices Kavanaugh and Barrett vote with the progressives, the Chief may join the majority to avoid having Justice Sotomayor make the assignment.

Reason

Kavanaugh v. Gorsuch—The Return

Today's opinions are a requel to prior splits among the most recent Republican appointees to the Supreme Court.

Tribune News Service

Roberts rankled colleagues as his hold on Supreme Court slipped, book says

A new book details how Chief Justice John Roberts lost control of an increasingly conservative U.S. Supreme Court as it moved to overturn the constitutional right to abortion last year.

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