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The Latest Breaking News from Kavanaugh

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?

Reason

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Justice Gorsuch's Campy Concurrence

Justice Gorsuch takes us on visit of Camp Barrett, Camp Kagan, Camp Kavanaugh, and Camp Thomas.

Reason

Learning Resources for Learning Resources

How to teach the tariffs case?

Reason

Putting Trump's Backlash Against The Tariff Ruling In Context

In Learning Resources v. Trump, the Supreme Court invalidated President Trump's global tariffs by a 6-3 vote. Almost immediately, Trump… The post Putting Trump's Backlash Against The Tariff Ruling In Context appeared first on Reason.com.

Reason

Supreme Court Says Trump Tariffs Are Illegal. So What Happened and What's Next?

We've been covering the evolution of related cases with the US International Trade Court that were waiting for this decision, and it all goes together.

RideApart

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Annotating President Trump's Press Conference About The Tariffs Ruling

Much has been written about President Trump's press conference in the wake of Learning Resources. The Wall Street Journal Editorial… The post Annotating President Trump's Press Conference About The Tariffs Ruling appeared first on Reason.com.

Reason

An Edited Version Of Learning Resources

I've finished reading the entire tariff decision, and editing it down for the Barnett/Blackman casebook.

Reason

Trump on the Supreme Court's Tariff Decision

It wasn't the Court's opinion that is an "embarrassment."

Reason

'Deeply disappointing,' says Donald Trump on US Supreme Court striking down Tariffs — Top quotes

President Trump expressed deep disappointment and shame over the Supreme Court's ruling deeming his reciprocal tariffs illegal. He accused the court of being swayed by foreign interests and a small political movement, calling some justices "fools and lapdogs" for their perceived disloyalty to the constitution. This decision significantly impacts the…

The Times of India

Rumblings About Callais

The Supreme Court heard oral argument in Louisiana v. Callais back on October 15. At the time, there was a… The post Rumblings About Callais appeared first on Reason.com.

Reason

Who is Saritha Komatireddy? Republicans pick Indian-American lawyer to run against Letitia James for New York attorney general

Saritha Komatireddy, a former federal prosecutor with a background in counter-terrorism and cybercrime, has been nominated by Republicans to challenge New York Attorney-General Letitia James. Komatireddy, who previously served as DEA Chief of Staff and clerked for Justice Kavanaugh, aims to restore law and order, contrasting with James's high-profile actions…

The Times of India

Second Amendment Roundup: Four Points on the Wolford Argument

Comments by Akhil and Vikram Amar in Scotusblog.com are off base.

Reason

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Reason

The Presumption of Regularity Returns to SCOTUS

Trump Firing Lisa Cook, Jack Smith Indicting Donald Trump.

Reason

Three Flawed Opinions In Bost v. Illinois State Board of Elections

The majority and dissent’s understanding of standing turned on their visions of democracy. The concurrence does not fare much better.

Reason

Is the President Subject to the Posse Comitatus Act?

An issue left unresolved in Trump v. Illinois.

Reason

Thoughts on the Supreme Court Ruling Against Trump in the Illinois National Guard Case

The decision is a preliminary "shadow docket" ruling. But it strongly suggests the majority believes Trump's use of the Guard is illegal.

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Reason

John Roberts Serves A Blue Plate Special, And The Progressives Forget All Of Their Complaints About The Shadow Docket

Trump v. Illinois is Robertsian faux minimalism at its worst.

Reason

Firings, and Tariffs, and Trump, Oh My!

Justices Barrett and Kavanaugh are still chewing over Justice Gorsuch's questions from the tariffs case.

Reason

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

SCOTUS Still Has PTSD From The 2020 Election

The Court will likely find standing in Bost to avoid the "nightmare scenario" of cancelling votes after they are cast.

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

Boerne, RFRA, and the VRA

Several justices seem ready to import the congruence and proportionality test to the 15th Amendment.

Reason

Even With A Skewed Sample, The New York Times Survey Of Federal Judges Reveals A Brewing Judicial Crisis

And once again, you know who is to blame.

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