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The Latest Breaking News from Gorsuch

Counting to Five for the Government In The Tariffs Case

I was in the Court, and I have a different take on the case.

Reason

I Think I Know Why SCOTUS Does Not Grant Fourth Amendment Cases Anymore

Search and seizure cases are very fact bound. The Court wants to set general standards.

Reason

"The Article III of the Deal" by Paul Clement

In Bost, Paul Clement engaged in negotiations with the Justices about the proper standing rule.

Reason

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Justice Gorsuch Argues that the Seventh Amendment Should Apply to the States

From today's opinion by Justice Gorsuch respecting the denial of certiorari in Thomas v. Humboldt County: In Minneapolis & St.… The post Justice Gorsuch Argues that the Seventh Amendment Should Apply to the States appeared first on Reason.com.

Reason

What Do We Make Of The Boston Federal Judge Who Apologized For Not Knowing Emergency Docket Orders Are Precedential?

Judges who are unfamiliar with the workings of the emergency docket should be more cautious in granting emergency relief against the federal government.

Reason

What are the Precedential Values of Wilcox and Boyle?

Judge Rao explains how to read emergency docket orders on stay applications.

Reason

Who Was The Fourth Vote For Cert In Chiles v. Salazar?

In December 2023, only three Justices would have granted in Tingley v. Ferguson, which presented the same issue.

Reason

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President Trump Will Nominate Rebecca Taibleson to the Wisconsin Seat in the Seventh Circuit

President Trump has nominated Rebecca Taibleson for the Seventh Circuit seat in Wisconsin that was previously held by Judge Diane… The post President Trump Will Nominate Rebecca Taibleson to the Wisconsin Seat in the Seventh Circuit appeared first on Reason.com.

Reason

Congratulations To Kirill Muzyka, Chief Justice of FantasySCOTUS for OT 2024

The October 2024 Term of FantasySCOTUS finally came to a close. On the whole, this term was a less predictable… The post Congratulations To Kirill Muzyka, Chief Justice of FantasySCOTUS for OT 2024 appeared first on Reason.com.

Reason

Justice Kavanaugh's CASA Concurrence Moves Away From Abstractions About The Shadow Docket To Focus On The "Interim Before The Interim"

The Supreme Court may not have to intervene for "run-of-the mill cases" but will intervene for "major new federal statutes or executive actions."

Reason

Have The Gundy and Fulton Moments Passed?

The intelligible principle test and Employment Division v. Smith are likely safe from Justices Kavanaugh and Barrett.

Reason

Medina v. Planned Parenthood: Abandoning the Abortion "Distortion" Field For Section 1983 and the Spending Clause

The Court faults lower courts for not anticipating the abandonment of Wilder and other Section 1983 precedents.

Reason

Congratulations to Jonathan Adler, Cited in Two Supreme Court Opinions Over the Past Two Weeks

His and Chris Walker's Delegation and Time was cited in Justice Gorsuch's dissent yesterday in FCC v. Consumers' Research and his Is the… The post Congratulations to Jonathan Adler, Cited in Two Supreme Court Opinions Over the Past Two Weeks appeared first on Reason.com.

Reason

My private nondelegation article and Reason Foundation amicus brief cited in FCC v. Consumers' Research

Justice Jackson cites my Notre Dame Law Review article, and Justice Gorsuch cites the amicus brief I wrote for the Reason Foundation.

Reason

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Reason

N.Y. Times Magazine Reveals Internal Conflicts On The Left With Skrmetti

The groups presented a unified front, but with a 6-3 loss, recriminations are flying.

Reason

Predictions For The Remaining 15 Cases

Barring any surprises, I do not expect any surprises.

Reason

See, I Told You So About Justice Barrett

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

Reason

Second Amendment Roundup: Cert denied in rifle and magazine ban cases.

Justice Kavanaugh: “this Court should and presumably will address the AR–15 issue soon.”

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Reason

Is Justice Barrett "Solidifying Herself as the Swing Justice"?

Claims that Justice Amy Coney Barrett is at the center for the Court are not supported by the data. The truth is more complicated.

Reason

Justices Gorsuch and Thomas Dissent from Court's Declining to Hear Apache Religious Freedom Case

From today's dissent from denial of certiorari by Justice Gorsuch, joined by Justice Thomas, in Apache Stronghold v. U.S.: For… The post Justices Gorsuch and Thomas Dissent from Court's Declining to Hear Apache Religious Freedom Case appeared first on Reason.com.

Reason

I Stand By My Prediction: The Court Will Reargue the Case On The Merits And Duck The Procedural Issues

There are eight, and possibly nine votes against Trump on the merits. But the Court is far too fragmented on the injunction issue.

Reason

SCOTUS Permits Discharge In COVID and Transgender Cases

Comparing Navy Seals and Shilling.

Reason

Will Salerno Replace Chevron?

Salerno is "unique among these Chevron substitutes, in that the 'no set of circumstances' framework is far more favorable to the government than even Chevron ever was."

Reason

VanDerStock is NetChoice Redux: A Sharply-Divided Court Threads The Needle With A "Facial Challenge" Analysis

The Court may have overruled Chevron, but it has just inadvertently created a far more powerful deference doctrine with Salerno, all in service of narrowly reversing the Fifth Circuit.

Reason

What VanDerStok Says about Agency Interpretations of Statutes

The Court's opinion upholding federal regulation of "ghost guns" makes passing reference to Loper Bright Enterprises.

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