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The Latest Breaking News from Barrett

Congratulations to Randy Barnett, Will Baude, Steve Sachs, and Keith Whittington, Whose Academic Work Was Cited in Rahimi

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…

Reason

Some Takeaways from Today's Rahimi Second Amendment Opinions

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.…

Reason

Supreme Court OT2023 in the Final Stretch

The justices are rushing to close out the term before the end of June.

Reason

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Justices Agree on Constitutionality of Trademark Restriction, Disagree on How to Approach Such Questions

The underlying methodological debate might also bear on free speech disputes more broadly.

Reason

Book Advances for the Justices in 2023

Gorsuch ($250,000), Kavanaugh ($340,000), Jackson ($893,750).

Reason

30 Months After Only Three Justices Would Have Granted Cert in Roman Catholic Diocese of Albany, the New York Court of Appeals Holds Fulton Changed Nothing

Decisions from Justices Kavanaugh and Barrett continue to linger.

Reason

CFPB v. CFSAA: Originalists v. Traditionalists

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

Reason

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Justice Kavanaugh Speaks at the Fifth Circuit Judicial Conference

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…

Reason

The Clear Statement Rule and the Major Question Doctrine As Substantive Separation of Powers Canons

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.

Reason

Justice Gorsuch's Concurrence in Labrador v. Poe

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

Reason

Justice Kavanaugh Rejects The Substantive "Veterans Benefits" Canon

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

Reason

Justice Barrett on the Takings Clause and the Police Power

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

Reason

Dan Stevens' Triple Feature: Godzilla X Kong, Abigail, Cuckoo

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

Top News

Shawn Johnson And Andrew East Adjusting To Life With Three Kids

Shawn Johnson and Andrew East share their parenting journey with three kids, emphasizing family bonding, healthy eating, and endorsing MorningStar Farms' R...

Reason

The Sequel to Doe v. Mills: Justice Barrett Tightens The Screws On The Shadow Docket

The center of the Court wants to push back on temporary administrative stays and the Fifth Circuit.

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Reason

The Judicial Conference's New "Policy" Demonstrates Why Judges Should Not Make Policy

The way to depoliticize the courts is to depoliticize the courts.

Reason

Were There Last Minute Changes to Trump v. Anderson?

There are reasons to suspect the justices were wrangling over language up until the last minute.

Reason

The Modern Supreme Court Agrees With Chief Justice Chase: Trump Cannot Be Removed From The Presidential Ballot

From the outset of the litigation, Blackman & Tillman's argument was that Griffin's Case bars the relief sought by the Colorado voters.

Reason

Oral Arguments in Trump v. Anderson Part IV: Justice Sotomayor and Kagan get the line between national power and federalism

The states do not need Section 3 to impose qualifications on state-created positions. But only the national government should decide questions about the President.

Reason

Oral Arguments in Trump v. Anderson Part III: Justice Kavanaugh Gets Griffin's Case and Justice Barrett gets FedCourts

Why did Jonathan Mitchell not vigorously defend Griffin's Case and Chief Justice Chase? And Mitchell missed Justice Barrett's question about direct/collateral challenges due to his refusal to accept the sword-shield dichotomy.

The Guardian - UK

How technology is helping to prevent and diagnose an array of cancers

From toothbrushes to intelligent toilets, Nic Fleming investigates the creative innovations playing an important role in achieving better outcomes for cancer patients

Reason

Ten Reflections on Justices Kavanaugh and Barrett's Votes In Dobbs

On Friday, I wrote a post that totaled nearly 6,000 words about the New York Times bombshell report on Dobbs. My initial goal was to simply lay out all of the new disclosures--and there were many of them. Now, I've had some time to think about this new information. Here,…

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