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The Latest Breaking News from Sotomayor

The Transgender Passport Case Mini Merits Analysis

The Court is still living in Justice Kennedy's shadow and Justice Jackson questions whether executive actions have as much force as statutes.

Reason

Six Things I Learned From Jodi Kantor's Latest Article

The Court installed timers to keep track of how long each Justice speaks for!

Reason

"The Article III of the Deal" by Paul Clement

In Bost, Paul Clement engaged in negotiations with the Justices about the proper standing rule.

Reason

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Minors and Addiction to Speech and Press

I'm finishing serializing my forthcoming Emory Law Journal article titled Addiction to Constitutionally Protected Activity: Speech, Press, and Religion. In… The post Minors and Addiction to Speech and Press appeared first on Reason.com.

Reason

Why Can't The Court Schedule Emergency Docket Conferences?

Justice Kagan peels back the curtain on the Court's failure to schedule conferences for emergency cases.

Reason

Noem v. Perdomo Is Grants Pass Redux

Can the government criminalize the state of being?

Reason

Justice Kavanaugh Continues To Be The Only Justice To Explain Emergency Docket Orders

And Justice Kavanaugh has come a long way since using the term "noncitizen" instead of "illegal alien."

Reason

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Justice Sotomayor on Supreme Court Term Limits

A bit of cold water on a popular Court "reform" from a justice on the left-wing of the Court

Reason

Justice Kagan Doth Protest Too Much About The Emergency Docket

Justices Kagan, Sotomayor, and Jackson could have joined Justice Kavanaugh to grant cert in the CPSC case, but they didn't.

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 Supreme Court Is Supreme, And The Inferior Courts Are Inferior

Mi CASA no es su CASA

Reason

CASA, Grupo Mexicano, and Ex Parte Young

Does Ex Parte Young find an "Analogue in the Relief Exercised in the English Court of Chancery"?

Reason

Bruen and CASA: Analogical Originalism

Yet, neither the majority nor the dissent cited Bruen

Reason

The Status of Smith and Yoder After Mahmoud

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

Reason

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Contrasting Coercion for the Free Exercise Clause in Mahmoud and Coercion for the Establishment Clause in Kennedy

The Court finds that the government cannot indirectly coerce children who are exercising their religious beliefs, but the government can indirectly coerce children who are not exercising their religious beliefs.

Reason

What Is "Speed Dial"?

Justice Sotomayor used a catchy line in her dissent that most law students today will not understand.

Reason

A Bad Decision on Nationwide Injunctions

Today's Supreme Court ruling barring nationwide injunctions could empower the federal government to engage in large-scale violations of the Constitution. Exactly how bad the consequences will be depends on the extent to which other remedies can be used to forestall them.

Reason

Chief Justice Roberts and Justice Gorsuch Walk Back Bostock

Justice Sotomayor is right. The majority cannot just wish away Bostock.

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Reason

Supreme Court Rejects Constitutional Challenge to State Limits on Sex Transition Treatments for Minors

The Court's majority avoids the larger question of whether laws targeting transgender individuals should be subject to heightened scrutiny, but Justice Barrett did not.

Reason

Predictions For The Remaining 15 Cases

Barring any surprises, I do not expect any surprises.

Reason

See, I Told You So About Justice Barrett

Justice Barrett compares the Constitution to Odysseus. But I feel like Cassandra.

Reason

Supreme Court Narrows Scope of NEPA Review

Environmental Impact Statements do not have to consider upstream and downstream effects.

Reason

Further Thoughts on Non-Party Injunctions and the Constitution

Will judicial ambition counteract executive ambition?

Reason

Does Justice Sotomayor Really Want To Know What The Remedy Would Be If The Government Confiscated Everyone's Guns?

The remedy would not involve Rule 23.

Reason

This Is Not the 5-4 Supreme Court Split You Were Looking For

A statutory interpretation case, involving national emergencies, splits the justices in an unusual way.

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