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The Latest Breaking News from Sam Bray

Supreme Court Refuses to Stay Biden EPA Power Plant Rule

Some were surprised by the Supreme Court's action, but they should not have been.

Reason

Turning The Corner Post On Vacatur

Also, Judges Kacsmaryk and Ho seem vindicated on the statute of limitations to challenge mifepristone.

Reason

Congratulations to Sam Bray, Whose National Injunction Article Was Cited Three Times by Justices Today

That happened in yesterday's opinions respecting the stay in Labrador v. Poe, twice in Justice Gorsuch's concurrence (joined by Justices Thomas and Alito), and once in Justice Jackson's dissent (joined by Justice Sotomayor). Nice! For Sam's substantive analysis of Labrador, see this post.

Reason

From analysis to the latest developments in health,
read the most diverse news in one place.

Why Eugene Is Probably Right About MOHELA's Inability To Sue For Libel

As Eugene mentioned yesterday, the Missouri Higher Education Loan Association (MOHELA), has threatened to bring a lawsuit for libel. but New York Times v. Sullivan, among other cases, say the constitution forbids libel suits brought by the government. The Washington Post ran a story about this, and asked me (and…

Reason

The Case for Caution on Reacting to the Judicial Conference Press Release on Forum-Shopping

We should wait until we know what (if anything) is happening.

Reason

The Judicial Conference's New "Policy" Demonstrates Why Judges Should Not Make Policy

The way to depoliticize the courts is to depoliticize the courts.

Reason

Geese and Trains

Sam Bray's very interesting "Animals, Fractions, and the Interpretive Tyranny of the Senses in the Dictionary" led me to look up the case he began with, and I thought it was amusing enough to pass along in full; it's Nashville & K.R. Co. (Tenn. 1902): This is an action for…

Reason

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A Reply To Sam Bray: The Drafting History of the Impeachment Clause

Our position is consistent with the "legal drafting culture" at the Constitutional Convention.

Reason

Universal Injunctions, Congressional Capacity, and Filibuster Reform

Today I participated in a Rappaport Forum discussion at Harvard Law School titled "Rule by One Judge: The Question of Universal Injunctions." My fellow participant was Professor Mila Sohoni, and our moderator was Professor Guy-Uriel Charles. It was an excellent discussion, and you can watch it here. Two of the…

Reason

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

The good, the bad, and the ugly.

Reason

Teaching Notes on Students For Fair Admissions v. Harvard

Michael Stokes Paulsen, Michael McConnell, Sam Bray, and I recently completed and posted the 2023 online supplement to our constitutional law casebook: The Constitution of the United States. (I shilled for the book earlier on this blog -- at the start of the Trump administration -- as "A new constitutional…

Reason

Prof. Michael McConnell, Responding About the Fourteenth Amendment, "Insurrection," and Trump

"We must not forget that we are talking about empowering partisan politicians such as state Secretaries of State to disqualify their political opponents from the ballot, depriving voters of the ability to elect candidates of their choice. If abused, this is profoundly anti-democratic."

Reason

Congratulations to Randy Barnett and Sam Bray, on Their S. Ct. Cites

Randy Barnett's The Original Meaning of the Commerce Clause was cited on Thursday by Justice Thomas's dissent in Haaland v. Brackeen and on May 25 in Justice Thomas's concurrence in Sackett v. EPA, and Sam Bray's "Necessary and Proper" and "Cruel and Unusual": Hendiadys in the Constitution was cited on…

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

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