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The Latest Breaking News from William Rehnquist

How a Street Brawl Led to a 5th Circuit Case That Casts Doubt on the Constitutionality of Many Federal Laws

Challenging his conviction for illegal gun possession, Curtis Squire argues that the Commerce Clause cannot justify bans on intrastate, noncommercial conduct.

Reason

Is withholding federal counterterrorism funds from states – as FEMA has threatened – legal?

The Federal Emergency Management Agency has issued new grant guidelines that threaten to withhold counterterrorism funds from states that do not comply with President Donald Trump’s election security directives.

The Conversation

Clarence Thomas Explains Why the Commerce Clause Cannot Justify Federal Bans on Gun Possession

Even under the Supreme Court's highly elastic understanding of that clause, Thomas says, such laws do not qualify as regulation of interstate commerce.

Reason

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Trump, Scalia, and the Unitary Executive

How a four-decade-old dissent may now help the president fire independent federal agency heads at will

Reason

What Did A Young John Roberts Contribute To Chief Justice Rehnquist's Opinion In Dames & Moore v. Regan?

Probably not very much.

Reason

Reversing The Burger Court

The Supreme Court has largely left Warren Court precedents in place, but is consistently undoing precedents from the Burger Court.

Reason

A 160-year-old campaign against civil rights heads to the supreme court

Louisiana v Callais could roll back what remains of the Voting Rights Act, putting the future of America’s multiracial democracy at stake

The Guardian - US

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The Gun-Free School Zones Act Is Doubly Dubious

The federal law relies on a risible reading of the Commerce Clause to restrict a constitutional right.

Reason

Gun Rights Groups Welcome the Demise of Illogical and Constitutionally Dubious Federal Firearm Taxes

The taxes on sound suppressors, short-barreled rifles, and short-barreled shotguns, originally enacted in 1934, were meant to be prohibitive, imposing bans in the guise of raising revenue.

Reason

A Look Back at the Panic Over Big Money in Politics

Law professor Ann Southworth offers a balanced take on the fallout from the Supreme Court's Citizens United decision.

Reason

There’s a danger that the US supreme court, not voters, picks the next president

Millions of Americans will vote this fall – but six Republican justices might have the final say, in a Bush v Gore redux

The Guardian - US

Defending Clarence Thomas from My Good Friend Steve Lubet

The best and most incorruptible Supreme Court Justice in U.S. History

Reason

Clarence Thomas reportedly raised prospect of resigning from Supreme Court over salary

Years before Clarence Thomas accepted lavish gifts, he suggested lawmakers raise Supreme Court justices’ salaries

The Independent UK

Clarence Thomas' money woes revealed

Thomas pushed for higher salary — and to allow Supreme Court justices to take speaking fees

Salon

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Reason

Sandra Day O'Connor, RIP

She was the first woman Supreme Court justice, and played a key role in changing the Court's jurisprudence for the better on several issues.

The Guardian - UK

Sandra Day O’Connor obituary

First female justice of the US supreme court who cast the deciding vote in many of its most controversial cases

International Business Times

Longtime US Justice Sandra Day O'Connor: The Power Of Moderation

Sandra Day O'Connor, the first woman to serve as a justice on the US Supreme Court, wielded enormous influence as the key centrist on a sharply divided bench, where she often displayed a preference for pragmatism over ideology.

WEKU

Sandra Day O'Connor, first woman on the Supreme Court, dies

Sandra Day O'Connor was called "the most powerful woman in America" during her quarter of a century as a Supreme Court justice.

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Chicago Sun-Times

Provocative ‘Deadlocked’ doc surveys the key Supreme Court appointments of recent decades

On Showtime’s comprehensive series, experts put the decisions of Earl Warren, Thurgood Marshall, William Rehnquist and other legal minds in context.

Reason

How Hippies Saved the Fourth Amendment

The Nixon administration did everything it could to curb antiwar activism. Then the courts said it had gone too far.

The Guardian - US

The supreme court denied a wild election theory. But don’t relax yet

The ‘independent state legislature’ theory was a terrifying threat to voting rights and never should have made it this far

Tribune News Service

Ketanji Brown Jackson book deal joins trendy Supreme Court side hustle

WASHINGTON — Ketanji Brown Jackson’s new book deal adds to what has become a phenomenon at the U.S. Supreme Court: Justices looking to craft their own images and perhaps score a hefty payday along the way.

The Independent UK

At the Supreme Court, it's taking longer to hear cases

Supreme Court arguments are continuing long after a red light tells lawyers to stop

WEKU

The case of the Supreme Court that just can't seem to stop talking

For decades, advocates knew that when their allotted time had expired, they were done. Not so anymore.

Los Angeles Times

Supreme Court conservatives hint they may rule narrowly for GOP in election map dispute

WASHINGTON — The Supreme Court’s conservative majority hinted Wednesday they may rule narrowly for Republican state lawmakers in North Carolina who are claiming a right to set election maps and rules without review by state courts.

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