The Latest Breaking News from Gorsuch

Five Thoughts About The Respect for Marriage Act

Today the Respect for Marriage Act passed the House by an unexpectedly large margin. And there is movement afoot to see if the bill will garner ten Republican votes to break a Senate filibuster. Ilya addressed the bill here. I'd like to add five more thoughts. First, one of the…

Reason · Jul 21, 2022

It Must Be Nice To Have John Marshall On Your Side, Except for Indian Law

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

Reason · Jul 14, 2022

"Scattered Dicta" in Oklahoma v. Castro-Huerta

In Oklahoma v. Castro-Huerta, the majority and dissent vigorously disagreed about the scope and meaning of federal Indian law. In particular, Justices Kavanaugh and Gorsuch contested how certain precedents, construed over the course of two centuries, should be read. Indeed, the majority and dissent bickered about what those cases actually…

Reason · Jul 14, 2022

The 3-3-3 Court on the Merits Docket and the Shadow Docket

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,…

Reason · Jul 8, 2022

Snark in West Virginia v. EPA

One of my least favorite words in legal discourse is "interesting." Sometimes it is a useful way to describe something of interest, but far too often it is a passive aggressive way of criticizing something. "Oh well that is very interesting." After reading West Virginia v. EPA, I will add…

Reason · Jul 6, 2022

Justice Gorsuch Cancels Woodrow Wilson

The one President everyone agrees should be cancelled.

Reason · Jul 5, 2022

No Offense, But It's Just A Prayer

Kennedy tells people to get over prayer in public unless there is direct coercion.

Reason · Jul 3, 2022

Why Didn't Kennedy Formally Overrule Lemon?

There were no Establishment Clause claims present, and Kennedy did not ask the Court to reverse Lemon.

Reason · Jul 3, 2022

Farewell to Footnote 3 of Trinity Lutheran

In Carson v. Makin, the Chief Justice stealthily eliminated the status/use distinction.

Reason · Jul 3, 2022

Supreme Court Gives Biden Administration a (Temporary?) Win on Immigration with Final Decision of Term

Chief Justice Roberts final opinion of the term rejects the statutory challenge to the Biden Administration's rescission of the "Remain in Mexico" policy.

Reason · Jun 30, 2022