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The Latest Breaking News from Kavanaugh

16 Disclosures from the New York Times Leak Report About Dobbs

Jodi Kantor and Adam Liptak of the New York Times have published a remarkable story about Dobbs that reports on private correspondences, votes at conference, and more. This post will highlight sixteen of the largest disclosures, and close with some broader thoughts. And I've presented this narrative in (roughly) chronological…

Reason

Justices Kavanaugh And Barrett's Shadow Docket Concurrence In The Hamburger Mary's Case

The good, the bad, and the ugly.

Reason

Broad Injunctions Against Enforcement of Allegedly Unconstitutional Statutes

An interesting opinion from Justices Kavanaugh and Barrett; it arose in a case challenging a Florida law that was aimed at drag shows, but it deals with the remedies question and not the underlying substantive First Amendment question.

Reason

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Justice Kavanaugh Really Wants to Hear More (Patent) Cases

Not all of the justices are happy about the Court's stingy approach to certiorari.

Reason

Justice Barrett's Shadow Docket Policy: Do The Opposite Of Whatever The Fifth Circuit Did (Updated)

Forget Doe v. Mills. Justice Barrett will grant relief on the shadow docket when the Fifth Circuit steps out of line.

Reason

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

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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Notes on "The Restrained Roberts Court"

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Roberts the Creditor, Roberts the Debtor

Kavanaugh the follower.

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Purple June

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

Reason

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

Is this a ticket good for one ride?

Reason

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.

Reason

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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Making Sense of Arizona v. Navajo Nation

Justice Gorsuch's conservative colleagues now ignore him in Indian cases.

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Roaming Polansky and the Constitutionality of Qui Tam

Three decades later, the George H.W. Bush SCOTUS strategy finally has three votes.

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The Kavanaugh Concurrence When He Swings Left

I'm holding my breath on his predictions in Allen and Brackeen.

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The Guardian - US

‘Historic and significant’: key lawyer’s verdict on Alabama supreme court ruling

Deuel Ross, who argued the voting rights case Allen v Milligan before the court, discusses the significance of the 5-4 decision

Reason

Has Justice Gorsuch Ever Written An Opinion That Ruled Against An Indian Tribe or Member?

9-0.

Reason

Roberts Waves the White Flag of Textualism in Allen v. Milligan

Justice Scalia would be rolling over in his grave.

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Justice Kavanaugh's "Principal Concurrences"

On the Supreme Court, there is a hierarchy for listing opinions. The majority opinion always comes first. When the Court is fractured, and there is no clear majority, the opinion with the most support is usually listed first. When the case is an absolute cluster, sometimes the opinion by the…

Reason

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

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

Justice Kavanaugh Still Wants to Hear More Cases (Revised)

Justice Kavanaugh continues to support granting certiorari in cases his colleagues do not wish to hear.

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