The Latest Breaking News from Breyer

Did Roberts and Kennedy swap votes to GVR Pavan and grant Masterpiece?

Gone are the days that Biskupic told us things we didn't already know.

One important challenge to traditionalism involves what some have termed the "level of generality" problem. Mark Tushnet, in addressing a previous article of mine on traditionalism, observed: Referring to the Bladensburg cross case, DeGirolami criticizes Justice Breyer for "drawing" the practice with reference solely to the very cross at issue…But,…

Article for Cato Supreme Court Review

Justice Breyer, whether he admits it or not, should recognize how Dobbs reinvigorated the legislative process on abortion.

Justice Gorsuch embraces Worcester v. Georgia, while Justice Kavanaugh rejects the great Chief Justice.

A famous line from NFIB v. Sebelius shows up in U.S. v. Taylor

During the October 2021 Term, each Justices authored between five and eight majority opinions. The Chief assigned himself the most majority opinions (8) and Justice Kavanaugh had the fewest (5). Justice Kavanaugh wrote the most concurring opinions with 8. Indeed, Kavanaugh beat Thomas and Alito, who each had 7. Five…

On June 18, 2021, I wrote, "We don't have a 6-3 Conservative Court. We have a 3-3-3 Court." I'm not sure if I was the first person to coin the phrase 3-3-3 Court, but I was one of the first. And I elaborated on this theme in a Newsweek column,…