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The Latest Breaking News from Sotomayor

Justice Gorsuch on Title 42: "Even if the [APA] has taken a holiday during this pandemic, it cannot become a sabbatical."

With good reason, Justices Sotomayor and Kagan do not join Maskless Neil's dissent.

Reason

Review of Oral Argument in Students for Fair Admission v. University of North Carolina

My Justice-by-Justice breakdown.

Reason

The Sackett Oral Argument and the Problem of Defining "Waters of the United States"

The justices wrestled with the problem of identifying a clear, coherent, and administrable definition to constrain federal regulatory jurisdiction under the Clean Water Act.

Reason

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Yeshiva University Loses On The Shadow Docket, Wins On The Penumbra Docket

SCOTUS nudges the lower courts and parties into compliance.

Reason

Amicus Filings On The Shadow Docket

Repeat litigants file amicus briefs on short fuses all the time.

Reason

Where is Times Square?

New York City erects an expansive "sensitive" place in Midtown Manhattan.

Reason

Let's talk about 8 U.S.C. § 1252(f)(1) and Justice Barrett's concurrence in Biden v. Texas

As (yet another) Texas v. U.S. slides from the shadow docket to the rocket docket

Reason

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Kagan Clings To Casey's Conception of Legitimacy

Like the Constitution itself, Casey's precedent on precedent is dead.

Reason

"Your Money Or Your Life"

A famous line from NFIB v. Sebelius shows up in U.S. v. Taylor

Reason

A Term Of DIGs And Almost-DIGs

This past term, the Court only issued 58 signed opinions. As low as that number is, it was made even lower by DIGs. The Supreme Court dismissed as improvidently granted two cases: United States v. Texas was DIG'd. Justice Sotomayor dissented from the DIG. Arizona v. San Francisco was DIG'd.…

Reason

How Many Opinions Did Each Justice Write During OT 2021?

During the October 2021 Term, each Justices authored between five and eight majority opinions. The Chief assigned himself the most majority opinions (8) and Justice Kavanaugh had the fewest (5). Justice Kavanaugh wrote the most concurring opinions with 8. Indeed, Kavanaugh beat Thomas and Alito, who each had 7. Five…

Reason

The 3-3-3 Court on the Merits Docket and the Shadow Docket

On June 18, 2021, I wrote, "We don't have a 6-3 Conservative Court. We have a 3-3-3 Court." I'm not sure if I was the first person to coin the phrase 3-3-3 Court, but I was one of the first. And I elaborated on this theme in a Newsweek column,…

Reason

No Offense, But It's Just A Prayer

Kennedy tells people to get over prayer in public unless there is direct coercion.

Reason

Why Didn't Kennedy Formally Overrule Lemon?

There were no Establishment Clause claims present, and Kennedy did not ask the Court to reverse Lemon.

Reason

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Reason

Farewell to Footnote 3 of Trinity Lutheran

In Carson v. Makin, the Chief Justice stealthily eliminated the status/use distinction.

Reason

Scalia's "Prophecy" in Lawrence And The Joint Dissent in Dobbs

That awkward moment when Justice Breyer joins an opinion that criticizes his join in Lawrence.

Reason

The Assignments and Timing in Dobbs

Who assigned the majority opinion to Justice Alito?

Reason

What's Wrong With That Footnote? It's Only Seven Words Long!

Chief Justice Roberts refuses to join a wee little footnote in a Justice Barrett opinion.

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Reason

Barrett v. Gorsuch -- Continued

Justice Gorsuch has dissented from two-thirds of Justice Barrett's majority opinions this term.

Reason

Barrett v. Gorsuch

Justice Amy Coney Barrett and Neil Gorsuch are disagreeing more than you might think, but Justice Barrett appears to have the upper hand.

Reason

Textualism Monday

Four decisions that turn on the meaning of text.

Reason

Justice Sotomayor Criticizes The "Restless and Newly Constituted Court"

This claim brings to mind Justice Stevens' dissent from Citizens United.

Reason

Now Justice Barrett Uses "Noncitizen" Instead of "Alien"

"Congress has comprehensively detailed the rules by which noncitizens may enter and live in the United States."

Salon

Right-wing leak hunt has human costs

Conservative internet sleuths have doxxed several alleged leakers. They're all women or people of color. It's ugly

Reason

Supreme Court on What Counts as a Content-Based Speech Restriction

Today's decision in City of Austin v. Reagan National Advertising makes this test somewhat fuzzier.

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