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The Latest Breaking News from Sotomayor

The Status of Smith and Yoder After Mahmoud

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

Reason

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

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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.

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

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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.

Reason

"A Recipe for District Judge Supremacy"

Judge Ho addresses Trump v. J.G.G.

Reason

SCOTUS orders return of deportee

Maryland father Kilmar Abrego Garcia has been stuck in an El Salvadorian prison since last month

Salon

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Reason

The Chief Justice "Facilitates" Another Shadow Docket Compromise In Noem v. Garcia

The Trump Administration didn't lose but it didn't quite win either.

Reason

Supreme Court Upholds Order Telling Trump Administration to "Facilitate" Return of Armando Abrego Garcia from El Salvador

Without any recorded dissent, the justices rebuke the Trump Administration's cavalier disregard for due process.

Reason

Rights and Wrongs of the Supreme Court's Ruling in the Alien Enemies Act Case

The Supreme Court oveturns lower court decisions temporarily barring AEA deportations, but also emphasizes that detainees are entitled to due process, and that AEA deportations are subject to judicial review.

Reason

What Exactly Did Justice Barrett Disagree With The Majority About In Trump v. JGG?

Justice Barrett tells us to read the opinion, but there is nothing to read.

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Reason

Nearly Five Years Later, Justice Barrett's Memoir Has A Publication Date

"Listening to the Law: Reflections on the Court and Constitution"

Reason

Justice Gorsuch's Dissent in Death Penalty / Religious Objection Case

In Tuesday's Hoffman v. Westcott, the Court denied a stay of execution; Justices Sotomayor, Kagan, and Jackson would have granted… The post Justice Gorsuch's Dissent in Death Penalty / Religious Objection Case appeared first on Reason.com.

Reason

Family Guy on SCOTUS

Justice Kavanaugh visits a brewery and then switches places with Peter Griffin.

Reason

There is Some Drama Brewing In San Francisco v. EPA

Today the Court decided one case, San Francisco v. EPA. As I predicted, the majority opinion was assigned to Justice Alito.… The post There is Some Drama Brewing In San Francisco v. EPA appeared first on Reason.com.

Reason

Did Glossip and the Oklahoma Attorney General Collusively Conceal Evidence to Win Their U.S. Supreme Court Case?

Justice Thomas observes in his dissent that "the parties collusively excluded" evidence—which I presented to the Court for the victim's family—"in order to reach a predetermined outcome." And the Court majority offers no defense of this deceitful maneuver.

Reason

Authorship Predictions for the October Sitting

It is never too early to make predictions!

Reason

Justices Sotomayor and Gorsuch on the Fourth Amendment and Misdemeanor Arrests

"Founding-era common law gave officers no authority to make an 'arrest without a warrant, for a mere misdemeanor not committed in [their] presence.'"

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