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 · Jun 24
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 · Jun 23
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 · Jun 23
Who Speaks For The Majority In Hunter v. United States? The 8-member majority split 2-3-3. Reason · Jun 19
This US citizen was detained 3 times “I just want to live in peace,” says Leonardo Garcia Venegas Salon · May 24
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 · May 22
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 · May 15
The Antipreemption Court Another decision where the conservatives line up against federal preemption. Reason · May 14
Justice Thomas Assigns Himself A Majority Opinion The preemption case may affect the Roundup argument next week. Reason · Apr 22
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 · Apr 9
It's Elementary, My Dear Watson The 2000 and 2020 elections are still on the Justices' minds. Reason · Mar 24
Reason · Mar 18 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 · Mar 10 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 · Mar 6 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."
Reason · Mar 4 Substantive Due Process After Mirabelli Dobbs didn't end SDP, but instead reoriented it to the Glucksberg history and tradition test.
Reason · Mar 3 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 · Mar 3 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 · Mar 3 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 · Feb 24 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 · Feb 23 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 · Feb 23 Justice Gorsuch's Campy Concurrence Justice Gorsuch takes us on visit of Camp Barrett, Camp Kagan, Camp Kavanaugh, and Camp Thomas.