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The Latest Breaking News from Gorsuch

Chief Justice Roberts in SFFA: "Hispanic" Is an "Arbitrary or Undefined" Classification

In the SFFA affirmative action case, Chief Justice Roberts for the majority, Justice Thomas, concurring, and especially Justice Gorsuch, concurring, argued that in addition to other legal defects in the defendants' affirmative action programs, the classifications used they used for "diversity" purposes were not properly tailored to serve the schools'…

Reason

On Groff v. DeJoy and 303 Creative v. Elenis

Not blockbusters, maybe, but important cases nonetheless

Reason

Just The Facts, Ma'am

The importance of the trial records in Students for Fair Admissions and 303 Creative

Reason

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In Defense of KBJ's Harvard "Recusal"

Justice Jackson demonstrates why the usual recusal rules will not work for the Supreme Court.

Reason

"What a Difference Five Years Makes"

What would Masterpiece have looked like with Justice Kennedy still on Court?

Reason

Making Sense Of The Votes In Mallory v. Norfolk Southern Railway Co.

The decision this term that has the largest potential for a legal "jolt" was Mallory.

Reason

A Lawyer Who Litigated Grutter Comments on the Court's College Admission Racial Preferences Cases

I've known Michael Rosman at the Center for Individual Rights for almost 30 years; he has litigated many important cases, including with regard to racial preferences, and was one of the lawyers in Grutter v. Bollinger. I'm therefore delighted to pass along his short reactions to Students for Fair Admission…

Reason

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Purple June

With Justice Kavanaugh by his side, the Chief Justice is back in control.

Reason

Looking Back on the Supreme Court's 2022-23 Term

Some end-of-term comments and an assessment of my end-of-term predictions.

Reason

Congratulations to Our Own Randy Barnett, David Bernstein, and Gail Heriot,

on being cited by opinions in today's Student for Fair Admissions case: Randy and Gail were cited in Justice Thomas's concurrence, and David was cited several times in Justice Gorsuch's concurrence.

Reason

S. Ct. Decides: "True Threats" Exception Requires Showing that Speaker Was "Reckless," i.e.,

"consciously disregarded a substantial risk that his communications would be viewed as threatening violence."

Reason

What Does U.S. v. Texas Tell Us About The DACA Litigation?

Is this a ticket good for one ride?

Reason

What's Left Standing of Special Solicitude for States After U.S. v. Texas?

The Supreme Court did not overturn the standing holding of MAssachusetts v. EPA, but it may have left it on life support.

Reason

Will Massachusetts v. EPA get the Lemon v. Kurtzman quiet interment?

The landmark environmental decision may have already been abandoned.

Reason

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Justice Kavanaugh's Arrested Development

U.S. v. Texas, Linda v. Richard, and Brett v. Amy.

Reason

Counting to Five in Texas v. United States

Justice Kavanaugh penned a narrow decision that cobbled together a majority.

Reason

Predicting Case Authors and Outcomes as the Supreme Court Hits the Home Stretch

Some worth-what-you-paid-for-them predictions for the final(?) week of SCOTUS opinions.

Reason

"Brackeen's Third Sovereign"

I much appreciated the guest-post by Prof. Lorianne Updike Toler (Northern Illinois) on Brackeen back in November, based on her recent University of Chicago Law Review article, The Missing Indian Affairs Clause; now that Brackeen has been handed down, I thought I'd pass along this follow-up: Halaand v. Brackeen, which…

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Making Sense of Arizona v. Navajo Nation

Justice Gorsuch's conservative colleagues now ignore him in Indian cases.

Reason

Roaming Polansky and the Constitutionality of Qui Tam

Three decades later, the George H.W. Bush SCOTUS strategy finally has three votes.

Reason

A Tale of Two Originalists

Justice Gorsuch v. Justice Thomas in Brackeen.

Reason

Reservations For Two

Justices Gorsuch and Alito have diametrically opposite perspectives on Indian Tribes

Reason

Professor Barrett Flunks Brackeen's Lawyers

Justice Thomas would place the burden on the government, and follow a presumption of liberty.

Reason

Congratulations to Randy Barnett and Sam Bray, on Their S. Ct. Cites

Randy Barnett's The Original Meaning of the Commerce Clause was cited on Thursday by Justice Thomas's dissent in Haaland v. Brackeen and on May 25 in Justice Thomas's concurrence in Sackett v. EPA, and Sam Bray's "Necessary and Proper" and "Cruel and Unusual": Hendiadys in the Constitution was cited on…

Reason

Download Edited Version Of Haaland v. Brackeen From Barnett/Blackman Supplement

133 pages down to 30 pages.

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Ketanji Brown Jackson

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