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The Latest Breaking News from Kavanaugh

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

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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.

Reason

How Did Justice Gorsuch Lose A Majority In National Pork Producers?

Thomas assigned the majority to Justice Gorsuch, but he couldn't hold five all the way.

Reason

SCOTUS Chooses California Over Pork Producers and Bacon Consumers (and Issues Four Other Opinions Too)

The Supreme Court issues five merits opinions, but there are still forty more waiting.

Reason

Jeff Rosen and Joan Biskupic Talk About Supreme Court Leaks

RBG told Rosen that AMK wrote the Bush v. Gore PC, and Biskupic said a Justice likely leaked Dobbs wrangling to WSJ.

Reason

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Justice Kavanaugh Wants to Hear More Cases

Justice Kavanaugh was alone in noting his desire to accept certiorari in two cases the justices rejected.

Reason

Chief Justice Roberts's Assignment Dilemma

If Justices Thomas and Alito are dissent, and Justices Kavanaugh and Barrett vote with the progressives, the Chief may join the majority to avoid having Justice Sotomayor make the assignment.

Reason

Reed v. Goertz, California v. Texas, and WWH v. Jackson

Justice Kavanaugh's six-page majority opinion does not withstand scrutiny against Justice Thomas's 20-page dissent.

Reason

Do Court-Appointed Prosecutors Violate The Separation of Powers?

Justices Gorsuch and Kavanaugh argue they do, in defense of--checks notes--Steven Donziger.

Reason

Deep in the Heart of Amarillo

Back in the day, most local newspapers hired reporters who covered the dealings in local courts. Alas, with budget cuts, those positions have gone by the wayside. It is very rare indeed for the national media to care at all what happens in small-town courts. Of course, the single-judge divisions…

Reason

Making Sense Of The Votes In Bittner v. United States

Why did Justices Kagan and Sotomayor, but not Justice Jackson, join Justice Barrett's dissent?

Reason

An Unusual Supreme Court Split in Bittner v. United States

The Bank Secrecy Act divides the justices in an unusual way, and Justice Barrett authors her fourth opinion in an argued case.

Reason

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How powerful are AR rifles?

About the same as other rifles

Reason

Why Big Tech will lose its Supreme Court case on section 230

I only count two votes to ratify Big Tech's sweeping immunity claims

Reason

Justice Kagan Double-Helixes Justices Gorsuch and Kavanaugh

Kagan: "Kavanaugh, J. (recognizing that the argument may be forfeited, but opining on it anyway)."

Reason

WaPo Columnist Says The Quiet Part Out Loud About Attacks On The Judiciary

"A sustained campaign of condemnation isn’t going to push these judges to write liberal opinions, but it could chasten them toward more moderate ones."

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Will Chief Justice Roberts Respond To Senator Wyden's Attack On Judge Kacsmaryk?

In March 2020, Senator Charles Schumer stood outside the Supreme Court and assailed the two newest members: "I want to tell you, Gorsuch. I want to tell you, Kavanaugh. You have released the whirlwind, and you will pay the price. You won't know what hit you if you go forward…

Reason

Why Does Justice Kavanaugh Write Concurrences?

And if only we could gaze upon his book of never-published opinions.

Reason

Friends of John and Elena

Surrogates of the once and future Chief Justice are talking to the press.

Reason

Predicting a Fragmented Vote in United States v. Texas

I don't think there will be a five vote bloc on standing or the remedy.

Reason

Let's Not Set Aside The Scholarly Debate About Vacatur

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

Reason

Article I, Article II, and Article III in United States v. Texas

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

Reason

Vacatur and the Catron Principle

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…

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