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The Latest Breaking News from Sotomayor

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

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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

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

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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.

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

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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.'"

Reason

The TikTok Majority Opinion

Here's a quick summary of the unsigned majority opinion (called a "per curiam"), joined by all the Justices except Justice… The post The TikTok Majority Opinion appeared first on Reason.com.

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Reason

All The Things TikTok v. Garland Did Not Decide

CTRL-F the decision for "need not" and "assume"

Reason

Some Legal Questions About Greenland, Puerto Rico, and Alberta

I realize many of the things that Trump says have no chance of becoming reality. But it is foolish to… The post Some Legal Questions About Greenland, Puerto Rico, and Alberta appeared first on Reason.com.

Reason

Talking to the Justices About References

ABC News reports, "Supreme Court Justice Samuel Alito spoke to President-elect Donald Trump by phone Tuesday to recommend one of… The post Talking to the Justices About References appeared first on Reason.com.

The Independent UK

Justice Alito spars over trans rights with first openly trans attorney at the Supreme Court

The court’s liberal justices fear conservatives are ‘undermining the bedrock’ of discrimination protections

Reason

More Leaks in the NY Times About The "Supreme Court Ethics Debate"

Jodi Kantor reports on a confidential ten-page memo from Justices Gorsuch, and comments from Justices Thomas and Alito.

Reason

Must Government Pay Compensation When It Damages Innocent Owner's Property in Police Action?

From Justice Sotomayor's opinion today respecting denial of certiorari in Baker v. City of McKinney, joined by Justice Gorsuch: The… The post Must Government Pay Compensation When It Damages Innocent Owner's Property in Police Action? appeared first on Reason.com.

Reason

Justices Alito and Sotomayor on How Courts Read Dicta

An amusing and potentially revealing exchange in a recent oral argument.

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