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The Latest Breaking News from Barrett

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

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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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SCOTUS Covers The Waterfront On The Lake Of Torches

He coulda been a contender.

Reason

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.

PC Gamer

SCOTUS is helping polluters

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

Salon

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.

Reason

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.

Sports Illustrated

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

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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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Reason

Making Sense Of The Votes In Bittner v. United States

Why did Justices Kagan and Sotomayor, but not Justice Jackson, join Justice Barrett's dissent?

Reason

An Unusual Supreme Court Split in Bittner v. United States

The Bank Secrecy Act divides the justices in an unusual way, and Justice Barrett authors her fourth opinion in an argued case.

Reason

Justice Sotomayor: Summary Reversal on the "Shadow Docket" Caused A "Significant Change" In Federal Law

Justice Barrett countered that the SumRev "did not change the content of federal law."

Reason

Justice Barrett's Delightfully Nerdy Opinion in Bartenwerfer v. Buckley

The former professor's opinion reads like an impromptu lecture.

Chronicle Live

Hebburn family 'at breaking point' as autistic son is caught in the middle of row over 'unusable' garden

Dad Anthony Dixon claims the tot's outdoor toys are out of bounds in the 'dangerous' back garden 'constantly flooded with horrible dirty muddy water'

Tribune News Service

Mayo Clinic Healthcare expert explains why reflux disease isn't 'just' heartburn

LONDON — Gastroesophageal reflux disease is one of the most common digestive disorders in the world. It happens when acid comes up from the stomach into the esophagus: The stomach can resist acid but the esophagus is less acid-resistant. James East, M.D., a gastroenterologist at Mayo Clinic Healthcare in London,…

Reason

Prof. Michael McConnell (Stanford) on 303 Creative (the Web Site Designer / Same-Sex Wedding Case)

Prof. McConnell is one of the top First Amendment law scholars in the country, and I was delighted that he passed along this item: Much of the commentary on today's argument in 303 Creative starts from the premise that the case pits free speech (or maybe religious freedom) against LGBTQ…

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