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The Latest Breaking News from Scalia

Cisco Slams The Door on ATS, and Perhaps All Other, Implied Causes of Action

A scholarly opinion from Justice Barrett with some punchy lines.

Reason

What Did Professor Barrett Think About Smith?

Justice Barrett's views on the Supreme Court's supervisory power were set two decades ago; what about her views on the Free Exercise Clause?

Reason

Justice Barrett v. Justice Jackson On Textualism

Textualists cannot rest on Justice Scalia’s laurels. They need to address modern criticisms.

Reason

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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

The Substance of the Clean Power Plan Memos

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

Reason

February 9, 2016

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

Reason

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

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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

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

An Edited Version Of Learning Resources

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

Reason

February 13, 2016

One decade since Justice Scalia's death.

Reason

In Defense of Justice Alito

Ben Aguiñaga, a former law clerk, responds to the gross media smears of Justice Alito.

Reason

The Presumption of Regularity Returns to SCOTUS

Trump Firing Lisa Cook, Jack Smith Indicting Donald Trump.

Reason

Roe as Humphrey's Executor, Casey as Morrison, and Dobbs as Slaughter

Casey attempted to save Roe by rewriting it, but that compromise ultimately collapsed in Dobbs. Morrison attempted to save Humphrey's Executor by rewriting it, but that compromise will (likely) collapse in Slaughter.

Reason

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Paintings Loaned by the National Gallery of Art to the Supreme Court

An incomplete list of priceless artwork shared with the Justices.

Reason

Why I Am Resigning from the Heritage Foundation (Guest-Post by Adam Mossoff)

[DB: This is a guest post from my Scalia Law colleague Professor Adam Mossoff, reprinting his letter to Heritage Foundation… The post Why I Am Resigning from the Heritage Foundation (Guest-Post by Adam Mossoff) appeared first on Reason.com.

Reason

Federal Appellate Judges Can Petition the Supreme Court to Review a Question

Litigants often file "petitions for certiorari" asking the U.S. Supreme Court to review a case, or particular questions within the… The post Federal Appellate Judges Can Petition the Supreme Court to Review a Question appeared first on Reason.com.

Reason

Becoming Justice Barrett

Justice Barrett's new book is not a memoir. Though she sprinkles the book with some anecdotes about her family, Listening Law… The post Becoming Justice Barrett appeared first on Reason.com.

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Justice Barrett Is "Not Afraid"

A revealing interview with the Supreme Court's "Steel Magnolia."

Reason

Justice Barrett on Common Good Constitutionalism (Updated)

The Justice discusses originalism, common good constitutionalism, and King v. Burwell in a recent interview.

Reason

Who Is Lawfully Exercising the Powers of the U.S. Attorney for the District of New Jersey?

A district court ruling that Ms. Habba has been unlawfully exercising the powers of the New Jersey U.S. Attorney ducks the critical question of who can exercise those powers ... which is strong reason for doubting the ruling's reasoning.

Reason

President Trump Will Nominate Rebecca Taibleson to the Wisconsin Seat in the Seventh Circuit

President Trump has nominated Rebecca Taibleson for the Seventh Circuit seat in Wisconsin that was previously held by Judge Diane… The post President Trump Will Nominate Rebecca Taibleson to the Wisconsin Seat in the Seventh Circuit appeared first on Reason.com.

Reason

No Special Counsel for the Epstein Suicide Investigation

It would be a terrible idea to appoint a special counsel to investigate the Jeffrey Epstein suicide and scandal.

Reason

Professor Barrett Was At Home In CASA

After the Supreme Court decided Trump v. CASA, the Wall Street Journal editorial page took a victory lap. The editors, who… The post Professor Barrett Was At Home In CASA appeared first on Reason.com.

Reason

The Status of Smith and Yoder After Mahmoud

The Court continues avoiding the Smith issue, but in an unexpected way.

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