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The Latest Breaking News from Kavanaugh

Revisiting My Authorship Predictions And Making More Predictions

Today the Court decided four more cases, including three opinions by Justice Alito. How did my predictions from Tuesday fare?… The post Revisiting My Authorship Predictions And Making More Predictions appeared first on Reason.com.

Reason

The Fourth Amendment and the Color-Blind Constitution

A tale of two doctrines.

Reason

Did Justice Jackson Lose The Majority In Landor To Justice Gorsuch? (Updated)

I think Gorsuch was able to flip the majority and place the Court back on the path to policing the scope of the spending power and the Necessary and Proper Clause.

Reason

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Authorship Predictions For The Remaining Cases

Today was a busy day at the Court. The Justices handed down five opinions, though none were major. I've read… The post Authorship Predictions For The Remaining Cases appeared first on Reason.com.

Reason

Cisco Slams The Door on ATS, and Perhaps All Other, Implied Causes of Action

A scholarly opinion from Justice Barrett with some punchy lines.

Reason

Who Speaks For The Majority In Hunter v. United States?

The 8-member majority split 2-3-3.

Reason

A Slow Thursday At The Court

And a tour around town.

Reason

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This US citizen was detained 3 times

“I just want to live in peace,” says Leonardo Garcia Venegas

Salon

Did Justice Alito Lose The Majority Opinion In Hamm v. Smith?

It seems possible that the Chief Justice assigned the majority to Justice Alito, but something happened along the way, and Justices Kavanaugh and Barrett decided to DIG.

Reason

What Do Bruen, Dobbs, and SFFA Have In Common?

The Supreme Court issued landmark rulings that were resisted by lower courts, and the Supreme Court refused to intervene.

Reason

The Antipreemption Court

Another decision where the conservatives line up against federal preemption.

Reason

Loper Bright and Preemption

An unexpected roundabout in the Roundup case.

Reason

Justice Thomas Assigns Himself A Majority Opinion

The preemption case may affect the Roundup argument next week.

Reason

The Birthright Citizenship Question that Stumped the Solicitor General

It was surprising that the Solicitor General did not appear to have thought much about the extent of Congress' legislative power under Section 5.

Reason

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It's Elementary, My Dear Watson

The 2000 and 2020 elections are still on the Justices' minds.

Reason

Would John Roberts Have Become Chief Justice If He Was Confirmed To The D.C. Circuit in 1992?

Roberts suspects that if he was confirmed to the D.C. Circuit at the age of 37, he probably "wouldn't have ended up" as Chief Justice.

Reason

Justice Jackson Was Partly Mistaken About Mifepristone

The Biden Administration also announced a new COVID-era policy, halting the enforcement of the "initial in-person visit requirement."

Reason

The First Question From The Florida Supreme Court's Newest Member: "Is your position more like Justice Gorsuch in Bostock or Justice Alito in dissent?"

The answer: "I think Justice Gorsuch was wildly incorrect."

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Reason

Substantive Due Process After Mirabelli

Dobbs didn't end SDP, but instead reoriented it to the Glucksberg history and tradition test.

Reason

Mirabelli Offers a Beautiful Vision of the Emergency Docket

Justices Barrett and Kavanaugh, as well as the Chief Justice, are on the same page.

Reason

Counting The Votes In Mirabelli v. Bonta

We only know how Justice Gorsuch voted because Justice Kagan told us he was in the majority.

Reason

Justices Debate Substantive Due Process Again, This Time in Parental Rights / Gender Transition Concealment Case

Today's unsigned majority opinion in Mirabelli v. Bonta held that California policies that "prevent schools from telling them about their… The post Justices Debate Substantive Due Process Again, This Time in Parental Rights / Gender Transition Concealment Case appeared first on Reason.com.

Reason

The Saving Construction in NFIB and the Anti-Saving Construction in Learning Resources

Six justices found that the best reading of statute supports the government, but only three applied the major question doctrine. Why wasn't this a reversal?

Reason

How Should The Non-Delegation Doctrine and the Major Question Doctrine Apply to Foreign Affairs?

Justices Thomas and Kavanaugh raise important issues that Justice Gorsuch and Chief Justice Roberts do not fully address.

Reason

What About Nixon?

How many Presidents make a precedent?

1 2 3 4 5

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