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The Latest Breaking News from Barrett

John Roberts: Federalist Revisionist and Judicial Supremacist

The Chief Justice retconned Federalist Nos. 37 and 78.

Reason · Jun 30, 2024

COVID-19 and January 6 in the Rear-View Mirror

There are certain geopolitical events that are generation-defining. In my lifetime, I think they would be the fall of the Soviet Union, 9/11, the election of President Obama, the election of President Trump, the COVID-19 pandemic, and January 6. For earlier generations, they would have been Watergate, the moon landing,…

Reason · Jun 30, 2024

What Is The Standard For A Stay? Moyle v. U.S. or Ohio v. EPA?

Like a good neighbor, State Farm is there.

Reason · Jun 28, 2024

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Final Predictions For the Final 3 Cases

Monday, Monday, Monday! Trump, NetChoice, Corner Post!

Reason · Jun 28, 2024

Why Does (It At Least Appear That) Justice Barrett Applies "New," "Heightened," and "Elevated" Standing Rules?

Justice Barrett adamantly resists the suggestion that she keeps leveling up the burden on plaintiffs, but it is becoming more difficult to deny.

Reason · Jun 28, 2024

SCOTUS Stays Enforcement of EPA's "Good Neighbor" Air Pollution Rule (Updated)

In a 5-4 decision, the male justices side with the state and industry challengers and the female justices side with the Environmental Protection Agency

Reason · Jun 27, 2024

Predictions For The Final 6 Cases

Chevron, Netchoice, Trump, Grant's Pass, Fischer, and Corner Post.

Reason · Jun 27, 2024

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KBJ DGAF

Unlike Justices Sotomayor and Kagan, Justice Jackson has no problems criticizing Justice Barrett.

Reason · Jun 27, 2024

Justices Alito, Thomas, and Gorsuch Dissent On An "Emotional and Highly Politicized" Case

And they charge that Justices Barrett and Kavanaugh "lost the will" to decide the case.

Reason · Jun 27, 2024

Two Excellent Opinions in Murthy v. Missouri

Justice Barrett's majority opinion reaches the right outcome; Justice Alito's dissent publicizes the atrocious mistreatment of Facebook by the Biden Administration during Covid.

Reason · Jun 27, 2024

Justice Barrett Evolves Again On The Emergency Docket In Moyle

Cert before judgment will no longer be granted unless the applicants prove they will suffer enough irreparable harm.

Reason · Jun 27, 2024

Tentative Thoughts on the Prematurely Posted Moyle Opinion

I've now had a chance to read the draft opinion in Moyle v. United States. The document is labeled 1.0, and is dated May 23, 2024. A lot can change over a month. But, like with the Dobbs leak two years ago, it is safe to presume that not many…

Reason · Jun 26, 2024

The Lack of Standing in Murthy v. Missouri

Are we in the middle of a great standing reset?

Reason · Jun 26, 2024

Supreme Court Sends Message with Narrow Standing Holding in Murthy v. Missouri

Even if one thinks the federal government crossed the line in pushing more aggressive social-media-platform content moderation policies, plaintiffs must still satisfy the traditional requirements of Article III standing.

Reason · Jun 26, 2024

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Reason · Jun 26, 2024

The Two Edges of Tradition: "Adverse Possession" and "Use It Or Lose It"

If the government exercises a power it lacks for a long time, it can keep exercising that power. But if a government does not exercise a power it has, it loses that power.

Reason · Jun 25, 2024

The Three Trump Appointees In Rahimi

Justices Gorsuch, Kavanaugh, and Barrett are fracturing over originalism.

Reason · Jun 25, 2024

Rahimi, Meenie, Miney, Mo; After Only Two Years Bruen's Gotta Go!

In November, I wrote that the Fifth Circuit's Rahimi decision "was a faithful application of Bruen." Seven months later, now having read the Supreme Court's Rahimi decision, I stand by what I wrote. After Justice Thomas's dissent, the most intellectually honest opinion in Rahimi was Justice Jackson's concurrence. Jackson explained…

Reason · Jun 24, 2024

Does The Principal Author Of A Per Curiam Opinion Announce It?

Chief Justice Roberts announced the Court's per curiam opinion in Gonzales v. Trevino.

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Reason · Jun 24, 2024

Department of State v. Munoz: The Sleeper ConLaw Case of the Term

Justice Barrett's majority clarifies Glucksberg, Mandel, Din, and Knauff, but Justice Sotomayor's dissent really wants to talk about Loving, Obergefell, and Dobbs.

The Guardian - US · Jun 22, 2024

The US supreme court’s rightwing justices are fighting legal monsters of their making

On Friday the court revoked domestic abusers’ gun rights – fixing a horrific problem they themselves created

Reason · Jun 22, 2024

Moore Money, More Problems

Justice Barrett once again places the burden on lawyers to make their case.

Reason · Jun 21, 2024

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 · Jun 21, 2024

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 · Jun 21, 2024

Supreme Court OT2023 in the Final Stretch

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

Reason · Jun 13, 2024

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.

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