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The Latest Breaking News from Kavanaugh

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.

Reason

Counting to Five in Texas v. United States

Justice Kavanaugh penned a narrow decision that cobbled together a majority.

Reason

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Making Sense of Arizona v. Navajo Nation

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

Reason

Roaming Polansky and the Constitutionality of Qui Tam

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

Reason

The Kavanaugh Concurrence When He Swings Left

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

Reason

‘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

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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.

Reason

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.

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

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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

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.

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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

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

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