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The Latest Breaking News from Barrett

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."

Reason

Justice Alito Dissents: "Both the Executive and the Judiciary have an obligation to follow the law."

Justice Alito also questions whether the Court even had jurisdiction to act.

Reason

Standing in the Shadow Docket

Should the Court not consider jurisdiction unless there is irreparable harm?

Reason

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What Exactly Did Justice Barrett Disagree With The Majority About In Trump v. JGG?

Justice Barrett tells us to read the opinion, but there is nothing to read.

Reason

Twice, SCOTUS Finds Coastal Courts Improperly Exercised Venue

In two consecutive orders, the Court signals that progressive litigants forum shopped to the wrong courts.

Reason

VanDerStock is NetChoice Redux: A Sharply-Divided Court Threads The Needle With A "Facial Challenge" Analysis

The Court may have overruled Chevron, but it has just inadvertently created a far more powerful deference doctrine with Salerno, all in service of narrowly reversing the Fifth Circuit.

Reason

Updated Authorship Predictions for the October Sitting

Justice Barrett (almost certainly) has Medical Marijuana v. Horn.

Reason

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What Should Trump's Circuit Nominees Look Like?

When President Trump's first term began, he inherited a slew of circuit court vacancies. However, for his second term, there… The post What Should Trump's Circuit Nominees Look Like? appeared first on Reason.com.

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The Next Best Defense Of Justice Barrett: She May Disagree With Justice Thomas A Lot, But You Better Learn To Deal With It, Because She Will Be Here For A Long Time

On Monday, I wrote about Mike Fragoso's defense of President Trump's decision to appoint Justice Barrett. Fragoso has now published… The post The Next Best Defense Of Justice Barrett: She May Disagree With Justice Thomas A Lot, But You Better Learn To Deal With It, Because She Will Be Here…

Reason

Neutral Principles for Birthright Citizenship on the Emergency Docket

On Thursday, the Acting Solicitor General filed emergency applications in three birthright citizenship cases (24A884, 24A885, and 24A886). These are… The post Neutral Principles for Birthright Citizenship on the Emergency Docket appeared first on Reason.com.

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Family Guy on SCOTUS

Justice Kavanaugh visits a brewery and then switches places with Peter Griffin.

Reason

Why the Supreme Court's "Order" In The USAID Case Was An Advisory Opinion (Updated)

If the Court denies the writ or application, the Court cannot instruct the lower court.

Reason

Second Amendment Roundup: Court Seems Disposed to Rule for S&W and Against Mexico

The Court should settle the proximate-cause issue, not just aiding and abetting.

Reason

The Audition Trap

When I write something controversial, I expect blowback. My recent posts about Justice Barrett were no exception. I received the… The post The Audition Trap appeared first on Reason.com.

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Article III Inverted: The Supreme Court Surrenders to Inferior Court Supremacy.

Chief Justice Roberts and Justice Barrett are engaging in alternative dispute resolution, rather than constitutional adjudication.

Reason

Neutral Principles for the Emergency Docket

The lower courts, which are issuing unappealing rulings, are inverting the Article III hierarchy. This Inferior Court Supremacy cannot stand.

Reason

There is Some Drama Brewing In San Francisco v. EPA

Today the Court decided one case, San Francisco v. EPA. As I predicted, the majority opinion was assigned to Justice Alito.… The post There is Some Drama Brewing In San Francisco v. EPA appeared first on Reason.com.

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How Will Chief Justice Roberts Split The Baby In Dellinger?

Roberts will find that the removal was unlawful, but that the court lacks an equitable cause of action to reinstate it, leaving backpay as the only available judicial remedy.

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The Independent UK

Renowned Obama portraitist Kehinde Wiley accused of groping up-and-coming artist

Exclusive: Ogechi Chieke claims she lost interest in pursuing an art career after the alleged attack

Reason

Has Hill v. Colorado Already Been "Abandoned" Like Lemon?

Did Kennedy v. Bremerton overrule the precedent on precedent from Rodriguez de Quijas?

Reason

Authorship Predictions for the October Sitting

It is never too early to make predictions!

Reason

The Federal Supremacists Write a Ticket Good for One Ride in Williams v. Reed

But Justice Thomas is still the only Justice who (correctly) concludes that Haywood v. Drown (2009) was incorrectly decided.

Reason

No Quid Pro Quo. So?

With a deferred prosecution and a dismissal without prejudice, who needs a quid pro quo?

Reason

Trump Administration Appeals Special Counsel Case to SCOTUS—No, Not The Jack Smith Case.

There are two sides to the constitutional crisis coin: if the president seeks a timely appeal, courts should consider those appeals in a timely fashion.

Reason

Can You Appeal An Administrative Stay By A District Court?

The latest innovation in litigation is a district court administrative stay. Traditionally, circuit courts have issued administrative stays to pause… The post Can You Appeal An Administrative Stay By A District Court? appeared first on Reason.com.

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