The Latest Breaking News from Barrett

Note particularly Keith Whittington's Originalism: A Critical Introduction, which Justice Barrett cited several times. UPDATE: The Criminal Procedure treatise on which Orin Kerr is a coauthor was cited today by Justice Jackson in Erlinger v. U.S. I didn't read that case as closely, so I missed the cite; thanks to…

A few practical thoughts for future cases (all bold emphasis added): [1.] The Court solidly accepts (with only Justice Thomas dissenting) that "the Second Amendment permits the disarmament of individuals who pose a credible threat to the physical safety of others," at least after a judicial finding of such threat.…

The Court's originalists and traditionalists break out into their camps.

Today Justice Kavanaugh spoke at the Fifth Circuit Judicial Conference in Austin. I was pleased this session was open to the press, and saw several reporters in the room. The Washington Post has an early report. Chief Judge Richman interviewed Justice Kavanaugh. It was a very engaging exchange. I thought…

The clear statement rule and the major question doctrine both function as substantive separation of powers canons in order to avoid deciding if federal actions are unconstitutional.

The walls are closing on universal, non-party injunctions against state laws.

A careful textualist analysis that speaks more broadly to other substantive canons, including Chevron deference.

"Though at times the two seem more like in-laws than soulmates."

Explore English actor Dan Stevens' versatile career with upcoming genre films and collaborations, including 'Godzilla x Kong' directed by Adam Wingard.