The Latest Breaking News from Scalia

Todd Butler's Problematic Publications

He consistently attacks Justice Scalia, as advancing his "own political agenda."

Reason · Oct 2

New Article: Landor v. Louisiana Department of Corrections: Bringing Clarity To The Necessary and Proper Clause

"This decision, which may be the “sleeper” case of the term, should come to be viewed as a landmark separation of powers decision on par with Lopez, Morrison, Printz, and NFIB."

Reason · Sep 18

Fired U.S. Attorney In Washington Files Case That Should Overrule Whatever Remains Of Morrison v. Olson

Justice Scalia was right. Federal courts should not be allowed to appoint federal prosecutors who cannot be fired.

Reason · Jul 22

Office of Legal Counsel Concludes That Disparate Impact Liability Under Title VII Is Unconstitutional

Two decades after Justice Scalia's Ricci concurrence, the "war between disparate impact and equal protection will be waged" very soon.

Reason · Jun 9

The Substance of the Clean Power Plan Memos

The Chief Justice reminds us why he was the best lawyer of his time.

Reason · Apr 19

February 9, 2016

A flashback to the grant of the emergency stay in the Clean Power Plan.

Reason · Apr 19

New in Civitas Outlook: The Temptation of the Inferior "Imperial Judiciary"

"As Judge Kenneth K. Lee wisely warned, judges of the inferior courts should 'not be seduced by the temptation of judicial resistance,' lest they inch towards an inferior 'imperial judiciary.'"

Reason · Mar 17

Justice Scalia Did Not Read The New York Times; Justice Barrett Does

It is very useful to know where a Justice gets her news from.

Reason · Mar 2

Putting Trump's Backlash Against The Tariff Ruling In Context

In Learning Resources v. Trump, the Supreme Court invalidated President Trump's global tariffs by a 6-3 vote. Almost immediately, Trump… The post Putting Trump's Backlash Against The Tariff Ruling In Context appeared first on Reason.com.

Reason · Feb 22

An Edited Version Of Learning Resources

I've finished reading the entire tariff decision, and editing it down for the Barnett/Blackman casebook.

Reason · Feb 22