The Latest Breaking News from Rehnquist

The limiting principle presented in Lopez would likely not meet her threshold.

First stop for reporters: the Grutter and Gratz files.

Justice Rehnquist in 1975: Moreover, neither declaratory nor injunctive relief can directly interfere with enforcement of contested statutes or ordinances except with respect to the particular federal plaintiffs, and the State is free to prosecute others who may violate the statute. Doran v. Salem Inn, Inc., 422 U.S. 922, 931…

On the plus side, we had Rehnquist, Scalia, Thomas, Alito, Gorsuch, Kavanaugh, and Barrett. On the down side, we had Roberts, Souter, Kennedy, O'Connor, Powell, Blackmun, Burger, Stewart, Whittaker, Brennan, and Warren.

Would the current Court have ruled with Justices Scalia and Thomas on Miranda?

I've seen some people argue that the Supreme Court's objection to the picketing of Justices' homes about abortion is inconsistent with the Court's upholding the right to picket outside abortion clinics, or stressing the right to protest more broadly. It's worth noting, though, that bans on residential picketing have been…

Justice Thomas waxed nostalgically about the Rehnquist Court. He did not blame Roberts for the change.

My instant reaction to Leakgate.

"Originalism and Stare Decisis in the Lower Courts"

Scalia joined Rehnquist's Bush v. Gore concurrence, which introduced the Independent State Legislature Doctrine.