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The Latest Breaking News from Gorsuch

Abortion and the Free Exercise Clause

What if a doctor feels a religious obligation to perform abortions, (e.g., because he believes doing so is necessary for him to be the Good Samaritan, by removing a threat to his patient's mental health)?

Boston Can't Exclude Christian Flag from City Hall Flagpole When It Allows Many Other Groups to Fly Flags

So the Supreme Court held this morning, though it made clear that a city could pick and choose which flags it flies, if it makes clear that the flags are its own speech.

Lemon, Avatars, and Irritable Observers

Justice Gorsuch's Shurtleff concurrence places yet another nail in Lemon's crypt.

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A Draft of "Severability First Principles" is Now Available

For several years, I have been thinking about the doctrine of severability -- what happens when courts conclude that a part of a law is unconstitutional? I have come to believe that this is fundamentally just a question about "say[] what the law is," as Marbury v. Madison put it.…

Houston Community College v. Wilson Reaffirms That Elected Officials Have Free Speech Rights

This basic principle was contested during President Trump's second impeachment trial.

South Texas College of Law SCOTUS Clinic Bests Yale Law School SCOTUS Clinic

In Houston Community College v. Wilson, Justice Gorsuch's unanimous decision faulted respondent for failing to file a cross petition.

Supreme Court Issues Stay, Favoring Navy, in Navy Seals COVID Vaccination Religious Exemption Case

In today's Austin v. U.S. Navy Seals 1–26, the Supreme Court stayed "[t]he district court's January 3, 2022 order, insofar as it precludes the Navy from considering respondents' vaccination status in making deployment, assignment, and other operational decisions … pending disposition of the appeal in the United States Court of…

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SCOTX Holds that SCOTUS Was Wrong, Justice Thomas Was Right, and Jonathan Mitchell Is Still A Genius

The Supreme Court of Texas brings the offensive litigation against S.B. 8 to an end.

Chief Justice Roberts, and Justice Sotomayor and Gorsuch Release Statements About #Maskgate

I am grateful the Court is fighting back against leaks and disinformation.

Justice Gorsuch's Error in NFIB v. OSHA

The concurrence did not accurately quote a Labor Department brief from 2020.

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