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 · Jul 24, 2025
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 · Jul 16, 2025
The Supreme Court Is Supreme, And The Inferior Courts Are Inferior Mi CASA no es su CASA Reason · Jul 14, 2025
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 · Jul 14, 2025
Bruen and CASA: Analogical Originalism Yet, neither the majority nor the dissent cited Bruen Reason · Jul 14, 2025
The Status of Smith and Yoder After Mahmoud The Court continues avoiding the Smith issue, but in an unexpected way. Reason · Jul 9, 2025
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 · Jul 9, 2025
What Is "Speed Dial"? Justice Sotomayor used a catchy line in her dissent that most law students today will not understand. Reason · Jul 4, 2025
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 · Jun 27, 2025
Chief Justice Roberts and Justice Gorsuch Walk Back Bostock Justice Sotomayor is right. The majority cannot just wish away Bostock. Reason · Jun 20, 2025
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 · Jun 18, 2025
Predictions For The Remaining 15 Cases Barring any surprises, I do not expect any surprises. Reason · Jun 18, 2025
See, I Told You So About Justice Barrett Justice Barrett compares the Constitution to Odysseus. But I feel like Cassandra. Reason · Jun 16, 2025
Supreme Court Narrows Scope of NEPA Review Environmental Impact Statements do not have to consider upstream and downstream effects. Reason · May 29, 2025
Reason · May 20, 2025 Further Thoughts on Non-Party Injunctions and the Constitution Will judicial ambition counteract executive ambition?
Reason · May 16, 2025 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 · Apr 30, 2025 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.
Salon · Apr 11, 2025 SCOTUS orders return of deportee Maryland father Kilmar Abrego Garcia has been stuck in an El Salvadorian prison since last month
Reason · Apr 11, 2025 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 · Apr 10, 2025 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 · Apr 8, 2025 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 · Apr 8, 2025 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 · Mar 21, 2025 Nearly Five Years Later, Justice Barrett's Memoir Has A Publication Date "Listening to the Law: Reflections on the Court and Constitution"
Reason · Mar 20, 2025 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.