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The Latest Breaking News from Barrett

Justice Barrett Evolves Again On The Emergency Docket In Moyle

Cert before judgment will no longer be granted unless the applicants prove they will suffer enough irreparable harm.

Reason

Tentative Thoughts on the Prematurely Posted Moyle Opinion

I've now had a chance to read the draft opinion in Moyle v. United States. The document is labeled 1.0, and is dated May 23, 2024. A lot can change over a month. But, like with the Dobbs leak two years ago, it is safe to presume that not many…

Reason

The Lack of Standing in Murthy v. Missouri

Are we in the middle of a great standing reset?

Reason

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Supreme Court Sends Message with Narrow Standing Holding in Murthy v. Missouri

Even if one thinks the federal government crossed the line in pushing more aggressive social-media-platform content moderation policies, plaintiffs must still satisfy the traditional requirements of Article III standing.

Reason

The Two Edges of Tradition: "Adverse Possession" and "Use It Or Lose It"

If the government exercises a power it lacks for a long time, it can keep exercising that power. But if a government does not exercise a power it has, it loses that power.

Reason

The Three Trump Appointees In Rahimi

Justices Gorsuch, Kavanaugh, and Barrett are fracturing over originalism.

Reason

Rahimi, Meenie, Miney, Mo; After Only Two Years Bruen's Gotta Go!

In November, I wrote that the Fifth Circuit's Rahimi decision "was a faithful application of Bruen." Seven months later, now having read the Supreme Court's Rahimi decision, I stand by what I wrote. After Justice Thomas's dissent, the most intellectually honest opinion in Rahimi was Justice Jackson's concurrence. Jackson explained…

Reason

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Does The Principal Author Of A Per Curiam Opinion Announce It?

Chief Justice Roberts announced the Court's per curiam opinion in Gonzales v. Trevino.

Reason

Department of State v. Munoz: The Sleeper ConLaw Case of the Term

Justice Barrett's majority clarifies Glucksberg, Mandel, Din, and Knauff, but Justice Sotomayor's dissent really wants to talk about Loving, Obergefell, and Dobbs.

Reason

The US supreme court’s rightwing justices are fighting legal monsters of their making

On Friday the court revoked domestic abusers’ gun rights – fixing a horrific problem they themselves created

The Guardian - US

Moore Money, More Problems

Justice Barrett once again places the burden on lawyers to make their case.

Reason

Congratulations to Randy Barnett, Will Baude, Steve Sachs, and Keith Whittington, Whose Academic Work Was Cited in Rahimi

Note particularly Keith Whittington's Originalism: A Critical Introduction, which Justice Barrett cited several times. UPDATE: The Criminal Procedure treatise on which Orin Kerr is a coauthor was cited today by Justice Jackson in Erlinger v. U.S. I didn't read that case as closely, so I missed the cite; thanks to…

Reason

Some Takeaways from Today's Rahimi Second Amendment Opinions

A few practical thoughts for future cases (all bold emphasis added): [1.] The Court solidly accepts (with only Justice Thomas dissenting) that "the Second Amendment permits the disarmament of individuals who pose a credible threat to the physical safety of others," at least after a judicial finding of such threat.…

Reason

Supreme Court OT2023 in the Final Stretch

The justices are rushing to close out the term before the end of June.

Reason

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Reason

Justices Agree on Constitutionality of Trademark Restriction, Disagree on How to Approach Such Questions

The underlying methodological debate might also bear on free speech disputes more broadly.

Reason

Book Advances for the Justices in 2023

Gorsuch ($250,000), Kavanaugh ($340,000), Jackson ($893,750).

Reason

30 Months After Only Three Justices Would Have Granted Cert in Roman Catholic Diocese of Albany, the New York Court of Appeals Holds Fulton Changed Nothing

Decisions from Justices Kavanaugh and Barrett continue to linger.

Reason

CFPB v. CFSAA: Originalists v. Traditionalists

The Court's originalists and traditionalists break out into their camps.

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Reason

Justice Kavanaugh Speaks at the Fifth Circuit Judicial Conference

Today Justice Kavanaugh spoke at the Fifth Circuit Judicial Conference in Austin. I was pleased this session was open to the press, and saw several reporters in the room. The Washington Post has an early report. Chief Judge Richman interviewed Justice Kavanaugh. It was a very engaging exchange. I thought…

Reason

The Clear Statement Rule and the Major Question Doctrine As Substantive Separation of Powers Canons

The clear statement rule and the major question doctrine both function as substantive separation of powers canons in order to avoid deciding if federal actions are unconstitutional.

Reason

Justice Gorsuch's Concurrence in Labrador v. Poe

The walls are closing on universal, non-party injunctions against state laws.

Reason

Justice Kavanaugh Rejects The Substantive "Veterans Benefits" Canon

A careful textualist analysis that speaks more broadly to other substantive canons, including Chevron deference.

Reason

Justice Barrett on the Takings Clause and the Police Power

"Though at times the two seem more like in-laws than soulmates."

Top News

Dan Stevens' Triple Feature: Godzilla X Kong, Abigail, Cuckoo

Explore English actor Dan Stevens' versatile career with upcoming genre films and collaborations, including 'Godzilla x Kong' directed by Adam Wingard.

Reason

The Court Should Cast Doubt On Havens Realty "Diversion" Standing and Establishment Clause "Offended Observer" Standing

If Alliance for Hippocratic Medicine lacks standing, so should progressive groups.

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