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The Latest Breaking News from Gorsuch

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

Justice Sotomayor Defends Racial and Ethnic Classifications Relied Upon by Harvard and UNC

She doesn't do a very good job of it.

Reason

Conservatives Should Not Be Surprised By Justice Barrett's Cautious Approach

Barrett was added to the SCOTUS short-list only seventeen days after she was confirmed to the Seventh Circuit.

Reason

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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

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Just The Facts, Ma'am

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

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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

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"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…

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Purple June

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

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

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

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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.

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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."

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

Is this a ticket good for one ride?

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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.

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

The landmark environmental decision may have already been abandoned.

Reason

Justice Kavanaugh's Arrested Development

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

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Counting to Five in Texas v. United States

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

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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…

Reason

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.

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Reservations For Two

Justices Gorsuch and Alito have diametrically opposite perspectives on Indian Tribes

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