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The Latest Breaking News from Barrett

Justice Kavanaugh's CASA Concurrence Moves Away From Abstractions About The Shadow Docket To Focus On The "Interim Before The Interim"

The Supreme Court may not have to intervene for "run-of-the mill cases" but will intervene for "major new federal statutes or executive actions."

Reason

The Supreme Court Is Supreme, And The Inferior Courts Are Inferior

Mi CASA no es su CASA

Reason

Bruen and CASA: Analogical Originalism

Yet, neither the majority nor the dissent cited Bruen

Reason

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read the most diverse news in one place.

Heartburn or something more serious? When to get chest pains checked out

While heartburn is usually a harmless reaction linked to digestion, it can sometimes point to underlying health issues

The Independent UK

NHS pharmacies to pilot ‘sponge on a string’ test to spot cancer precursor

Scheme in England to identify signs of oesophageal cancer forms part of government’s 10-year health plan

The Guardian - UK

‘Sponge on a string’ cancer test to be available in high-street pharmacies

A capsule dissolves in the patient’s stomach and leaves a small sponge about the size of a 1p coin.

The Independent UK

Simple but vital new cancer test to be trialled in pharmacies

NHS England is piloting a new way of preventing oesophageal cancer

The Independent UK

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Religion at the Supreme Court

Three Cases from OT 2024

Reason

Have The Gundy and Fulton Moments Passed?

The intelligible principle test and Employment Division v. Smith are likely safe from Justices Kavanaugh and Barrett.

Reason

Bray and Bagley on Trump v. CASA

Two worthwhile commentaries on the Supreme Court's decision to curtail universal injunctions.

Reason

Justice Barrett on Justice Jackson in Trump v. CASA

The two newest justices spar over universal injunctions.

Reason

Sponge test ‘could benefit thousands of people’ with Barrett’s oesophagus

In some people with the condition, cells grow abnormally and develop into oesophageal cancer.

The Independent UK

Invasive cancer tests could be dropped for new ‘sponge’ method

Sponge test already in use by NHS could benefit patients with Barrett’s oesophagus

The Independent UK

The Promise and Pitfalls of Justice Barrett's Skrmetti Concurrence

Justice Barrett rehabilitates Footnote 4, gives credence to Justice Kennedy's animus jurisprudence, and all but says that gays who were affected by a "legacy of de jure discrimination" are a suspect class.

Reason

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Reason

Supreme Court Rejects Constitutional Challenge to State Limits on Sex Transition Treatments for Minors

The Court's majority avoids the larger question of whether laws targeting transgender individuals should be subject to heightened scrutiny, but Justice Barrett did not.

Reason

Predictions For The Remaining 15 Cases

Barring any surprises, I do not expect any surprises.

Reason

A Flashback to Justice Barrett's Confirmation Hearing

As I noted at the time, I was surprised how well she did. I wish we could see more of nominee Barrett.

Reason

SCOTUS GVRs Roman Catholic Diocese of Albany Back to New York Purgatory

This case has been pending for nearly a decade, and has been remanded after both Fulton and Catholic Charities Bureau.

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Reason

Justice Kavanaugh to Second Amendment: We're Really Busy Now, Come Back In A Year Or Two

"Additional petitions for certiorari will likely be before this Court shortly and, in my view, this Court should and presumably will address the AR–15 issue soon, in the next Term or two."

Reason

As I Expected, SCOTUS 4-4's St. Isidore's Case With Barrett Recused (Updated)

And we still do not know exactly why ACB recused.

Reason

Court Allows Lawsuit Over Character.AI Conversations That Allegedly Caused 14-Year-Old's Suicide

In this post, I'll talk about the court's analysis tentatively rejecting the First Amendment defense, an analysis that I think is mistaken (whether or not some tort claims such as these should be allowed despite the First Amendment).

Reason

Fifth Circuit Assigns A.A.R.P. v. Trump To New Panel For Reargument, Judge Ho Concurs

"I worry that the disrespect they have been shown will not inspire continued respect for the judiciary, without which we cannot long function."

Reason

The Department of Justice's "Longstanding" General Practice of Intracircuit Nonacquiescence

A response to questions from Justices Kagan and Barrett.

Reason

Why the Major Questions Doctrine Applies to the President, Not Just Executive Agencies

This is a key issue in cases seeking to limit executive branch power grabs, including Trump's tariffs. Judge Ryan Nelson (a conservative Trump appointee) explains why the president is not exempt from the doctrine.

Reason

Brief from Prof. Justin Driver (Yale) and Me in School Curriculum / Religious Opt-Out Case

"This Court should not announce an opt-out right for religious objectors under the Free Exercise Clause that its precedents would foreclose for students objecting to public-school curricula under the Free Speech Clause."

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