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The Latest Breaking News from Gorsuch

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…

Reason

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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

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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.

Reason

SCOTUS Covers The Waterfront On The Lake Of Torches

He coulda been a contender.

Reason

Justice Thomas's Dissent in Health and Hospital Corp. of Marion County v. Talevski

A thorough originalist analysis of the "so-called Spending Clause" that casts Thiboutout in doubt.

Reason

SCOTUS is helping polluters

Brett Kavanaugh broke from the conservative majority to warn about helping businesses pollute the water

Salon

In Sackett v. EPA, the Supreme Court Cuts Back Federal Regulatory Authority Over Wetlands

The Clean Water Act decision was a unanimous win for the Sacketts, and a 5-4 victory for Justice Scalia's 2006 Rapanos v. United States plurality.

Reason

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Sotomayor and Kagan "Go Back To School" Each Other in Warhol v. Goldsmith

Does The Relationship Between Justices Sotomayor and Kagan "Have Much Of A Future"? Or was this just their "Fifteen Minutes" of Flame Wars?

Reason

Justice Gorsuch on COVID-19 and Emergency Government

Arizona v. Mayorkas is one of the cases dealing with "Title 42 orders" that "severely restricted immigration to this country for the ostensible purpose of preventing the spread of COVID–19"; today, the court issued a procedural order in the case, and Justice Gorsuch wrote a statement regarding that decision. It…

Reason

Another Voting Paradox Case (Pork Division)

The California Pork case (NPCC v. Ross) is another example of a case whose outcome conflicts with the doctrines adopted by the Court itself in its opinions.

Reason

How Did Justice Gorsuch Lose A Majority In National Pork Producers?

Thomas assigned the majority to Justice Gorsuch, but he couldn't hold five all the way.

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The Territoriality Principle Without a Clause

A brief comment on National Pork Producers v. Ross

Reason

SCOTUS Chooses California Over Pork Producers and Bacon Consumers (and Issues Four Other Opinions Too)

The Supreme Court issues five merits opinions, but there are still forty more waiting.

Reason

Chevron Matters — But Not as Much as You Might Think

Overruling Chevron won't gut the administrative state or even severely constrain it. But it could help strengthen the rule of law.

Reason

The New York Times Uncovered The Worst-Kept Secret In Academia

Summer study-abroad programs are cushy vacations for students and boondoggles to attract elite faculty.

Reason

Oral Argument Indicates Property Rights Likely to Prevail in Supreme Court Home Equity Theft Takings Case

The decision may even be unanimous.

Reason

Some Levity On A Technical Oral Argument Day

Today, the Harlan Institute and Ashbrook hosted the championship round for our virtual Supreme Court competition. Every year, we fly the top two teams and their coaches, to Washington, D.C. These high schoolers had a jam packed day. In the morning, we attended oral argument at the Supreme Court. For…

Reason

Can the Supreme Court "Develop and Apply Customary International Law"?

Justice Gorsuch raises the question that the majority elides.

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