The Latest Breaking News from Kavanaugh

Sam Bray and John Harrison have moved an argument about equity from "off-the-wall" to "on-the-wall"

The power of the purse, prosecutorial discretion, and jurisdiction, are all implicated.

As Sam notes below, one notable feature of the vacatur arguments in US v. Texas was the strong resistance of former D.C. Circuit judges, arguing from their personal experience. Here's Chief Justice Roberts: I mean, this is a long -- that's what the D.C. Circuit and other courts of appeals…

I was asked to give some brief remarks on the affirmative action cases at a panel discussion at the University of Baltimore today. I typed up some notes, and I thought they were worth sharing: I think at least seven Justices, including Kagan on the left, converged on the notion…

The three-alarm fire broke out around 10.30am on Saturday at a building on 429 East and 52nd Street in Manhattan

Counsel for UNC did not know which box students of Middle Eastern Origin are supposed to check.

My Justice-by-Justice breakdown.

An insightful point from oral argument in National Pork Producers v. Ross -- and its implications.

SCOTUS nudges the lower courts and parties into compliance.

Let's move on to other variants. One looks at whether a law has any exceptions at all, and, if religious reasons are not among those exceptions, automatically applies strict scrutiny. It was proposed by Justice Kavanaugh in his dissent in Calvary Chapel Dayton Valley v. Sisolak, and possibly embraced by…

Eugene has kindly invited me to contribute a series of posts, briefly describing my taxonomy of new variants of the most-favored-nation theory of religious liberty (forthcoming in the Iowa Law Review). I'm particularly pleased by the invitation, because I wrote the piece in conscious emulation of the kind of careful…