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The Latest Breaking News from Brett Kavanaugh

Court Should Focus on Coercion in Murthy v. Missouri

The government is entitled to try to persuade social media to take down posts, but not to coerce them to do so.

Reason

Supreme Court seems wary of barring government contacts with social media

At issue was a sweeping Fifth Circuit Court of Appeals decision that barred government officials from having contacts with social media platforms.

WEKU

Christine Blasey Ford aims to own her story with 'One Way Back'

In an interview with NPR, Ford says it was only a couple of years ago that she felt ready to revisit how her life was upended by Brett Kavanaugh's rise to a position on the U.S. Supreme Court.

WEKU

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Brett Kavanaugh knows truth of alleged sexual assault, Christine Blasey Ford says in book

In memoir, professor whose accusation rocked 2018 supreme court hearings says rightwing justice not ‘consummately honest person’

The Guardian - US

How states giving rights to fetuses could set up a national case on abortion

Fetal personhood made headlines recently when the Alabama Supreme Court ruled that embryos are "extrauterine children." The ruling raised questions across the country about fetal personhood.

WEKU

Will the timing of the Supreme Court's Trump case mean no trial before the election?

The court could have moved faster. It has historically done that in other big cases with political ramification.

WEKU

SCOTUS Ponders the Implications of Prosecuting Gun Owners for a Crime Invented by Bureaucrats

Several justices seemed troubled by an ATF rule that purports to ban bump stocks by reinterpreting the federal definition of machine guns.

Reason

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Supreme Court Looks Poised To Gut Restrictive Social Media Laws

The First Amendment restricts governments, not private platforms, and respects editorial rights.

Reason

Most Justices Seem Skeptical of the Florida and Texas Social Media Laws

The Supreme Court seems inclined to recognize that content moderation is protected by the First Amendment.

Reason

Supreme Court Seems Likely to Strike Down Florida and Texas Social Media Laws

The laws violate the First Amendment because they require social media sites to abjure most content moderation, and platform speech they disapprove of.

Reason

Second Amendment Roundup: D.C.'s Magazine Ban Argued Again in D.C. Circuit

It was déjà vu, but this time post-Bruen.

Reason

Former FBI informant charged for lying about Biden-Ukraine allegations

Former FBI informant Alexander Smirnoff has been charged with lying about President Biden and his son Hunter's involvement with Burisma. The FBI arrested S...

Top News

SCOTUS Is Troubled by the Claim That States Can Disqualify Trump From the Election As an Insurrectionist

Most of the justices are clearly inclined to reject a Colorado Supreme Court decision asserting that power under Section 3 of the 14th Amendment.

Reason

Five key takeaways from US supreme court’s hearing on removing Trump from the ballot

Both conservative and liberal justices aggressively questioned argument that Colorado was right in barring Trump

The Guardian - US

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Salon

Experts: SCOTUS' dangerous Trump case

One dark shadow hanging over this case is that the justices’ decision could affect the court’s legitimacy, too

Reason

SCOTUS Ponders the Ambiguity of 'Ambiguous' and Other Chevron Doctrine Puzzles

The justices seem inclined to revise or ditch a 1984 precedent that requires deference to executive agencies' statutory interpretations.

WEKU

3 novel legal arguments by Republicans that threaten the Voting Rights Act in 2024

Republican state officials are advancing new legal arguments in the courts that threaten to erode the Voting Rights Act's protections against racial discrimination in the election process.

The Guardian - US

Kavanaugh will ‘step up’ to keep Trump on ballots, ex-president’s lawyer says

Trump lawyer ‘has faith’ in US supreme court justice appointed by the former president, though the court hasn’t said if it will weigh in

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The Independent UK

Trump attorney slammed online for saying ‘quid pro quo part out loud’ in Supreme Court case

‘You know, people like Kavanaugh, who the president fought for, who the president went through hell to get into place. He’ll step up,’ Trump lawyer argues

Salon

Trump lawyer's SCOTUS "quid pro quo"

“Imagine for a second if a lawyer for Clinton, Obama or Biden said this. It’d be a massive scandal," attorney says

The Independent UK

How much are Supreme Court justices salaries?

Supreme Court justices earn more in their base salary than Cabinet-level positions in the executive branch

Reason

"Reviewing The Three Trump Appointees: Ex Ante and Ex Post"

My new essay will be published in the inaugural issue of the Texas A&M Journal of Law & Civil Governance.

The Guardian - US

Justice Neil Gorsuch took 10 minutes to approve Dobbs abortion opinion – report

New York Times reports conservative supreme court justice had no changes to 98-page draft of opinion that removed right to abortion

International Business Times

Divided US High Court Hears Challenge To $6bn Purdue Opioid Settlement

The US Supreme Court appeared divided on Monday as it heard a challenge to Purdue Pharma's $6 billion opioids settlement immunizing the Sackler family that controlled the drugmaker from future litigation.

Reason

Maryland Statute Banning Attempts to Influence Judges and Jurors Through "Corrupt Means" Upheld

The case arose following plaintiff's arrest, allegedly for telling Justice Kavanaugh's wife that "he might ruin [Justice] Kavanaugh's career and reputation"; but the charges against him were dropped, and he challenged the statute on its face, rather than as applied to his speech.

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