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The Latest Breaking News from Ginsburg

Does the Supreme Court Favor the Rich?

The NYT profiles a sloppy and highly problematic empirical study of the Supreme Court.

Reason

Should The Denial Of Rights To Aliens Cut Against Restoring The Privileges or Immunities Clause?

What rights do aliens have under Section 1?

Reason

DCCHS Oral History of Justice Ruth Bader Ginsburg

A set of interviews with the late justice is now available

Reason

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When Does a Regulation Become Final?

The D.C. Circuit resolves a dispute over which set of visa regulations bind the public.

Reason

See, I Told You So About Justice Barrett

Justice Barrett compares the Constitution to Odysseus. But I feel like Cassandra.

Reason

The Best Defense of Justice Amy Coney Barrett: No One Else Could Have Been Confirmed To Replace RBG Before The Election

"Republicans couldn’t have filled the seat without Justice Barrett. Mitch McConnell knew this, and for that reason insisted that she needed to be the nominee."

Reason

Tick, Tock Goes the SCOTUS Clock

The timing of TikTok v. Garland.

Reason

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How To Think About Justice Jackson "& Juliet"

The role that was created for her, and for no one else, has a value that cannot be stated on a disclosure form.

Reason

KBJ Veers Into RBG Territory With "Hope" Comment About Harris

There was some cross-talk on The View, but Jackson seems to have said that Kamala Harris's nomination "‘gives a lot of people hope."

Reason

Most Americans have no idea how anti-worker the US supreme court has become

The court’s current justices are some of the most hostile to labor rights in modern US history

The Guardian - US

The Sixteenth Amendment did not "Overrule" Pollock

Constitutional amendments change the organic law. They do not overrule a decision.

Reason

Chief Justice Roberts and Justice Alito Secretly Recorded at the Supreme Court Historical Society

I have been a member of the Supreme Court Historical Society for more than a decade. I very much enjoy reading the Journal of Supreme Court History. Also, when I am in town, I try to attend various events, especially the re-enactment of famous cases. One of my favorites was…

Reason

Flagpole to Heaven

I've learned a few things this past week about the Alitos. It seems that they have flag poles at their homes, and use flags to convey messages. I'm not sure if the Alitos have taken classes on flag semaphore. What those messages are, exactly, I do not know. At the…

Reason

And the RBG Leadership Award Goes To . . .

For the "Not-from-the-Onion" File

Reason

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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,…

Reason

16 Disclosures from the New York Times Leak Report About Dobbs

Jodi Kantor and Adam Liptak of the New York Times have published a remarkable story about Dobbs that reports on private correspondences, votes at conference, and more. This post will highlight sixteen of the largest disclosures, and close with some broader thoughts. And I've presented this narrative in (roughly) chronological…

Reason

Justice Alito's Interview in the Wall Street Journal

As a general rule, Supreme Court Justices speak through their opinions. From time to time, Justices will be "interviewed"by friendly interlocutors during public events. The screened questions are usually softballs, and even then, the Justices tend to avoid saying anything newsworthy. In recent years, perhaps the biggest outlier was Justice…

Reason

Progressives Should Be Grateful For President Trump's Not-So-Conservative SCOTUS Picks

Recently, Ron DeSantis, the Governor of Florida and GOP presidential candidate, offered a mild criticism of President Trump's three Supreme Court nominees. "I respect the three [Trump] appointees," DeSantis said, "but none of those three are at the same level of Justice Thomas and Justice Alito." DeSantis is not wrong.…

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Reason

Supreme Court to Consider Whether Members of Congress Have Article III Standing to Sue Federal Agencies

The Supreme Court has accepted certiorari in Carnahan v. Maloney to consider whether members of Congress can sue to force disclosure of information from the General Services Administration.

Reason

Jeff Rosen and Joan Biskupic Talk About Supreme Court Leaks

RBG told Rosen that AMK wrote the Bush v. Gore PC, and Biskupic said a Justice likely leaked Dobbs wrangling to WSJ.

Reason

What Joan Biskupic "Learned" in Nine Black Robes?

The inside-information largely trickled to a halt after 2020.

Reason

Judge James C. Ho's Remarks on Justice Thomas and Judge Kacsmaryk

"We should apply the highest ethical standards, not hypocritical double standards."

Reason

D.C. Circuit Divides on Level of Scrutiny for Regulation of Filming on Federal Property

A panel majority holds that "reasonableness" is all that is required and upholds the Park Service's permit-and-fee requirements.

Reason

For Legal Conservatives, Six Decades Of Folding, Followed By Sixteen Years To Draw A Full House

On the plus side, we had Rehnquist, Scalia, Thomas, Alito, Gorsuch, Kavanaugh, and Barrett. On the down side, we had Roberts, Souter, Kennedy, O'Connor, Powell, Blackmun, Burger, Stewart, Whittaker, Brennan, and Warren.

Reason

Conjunction Disjunction in the Dobbs Draft

Does the Glucksberg test require a right to be "fundamental" and "deeply rooted" or "fundamental" or "deeply rooted"?

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