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The Latest Breaking News from Kavanaugh

SCOTUS Takes A Holiday From The Separation of Powers On The Hampton Dellinger Jitney

Apart from the Appointments Clause, I think we are standing at the precipice of federal courts revolution.

Reason

The Federal Supremacists Write a Ticket Good for One Ride in Williams v. Reed

But Justice Thomas is still the only Justice who (correctly) concludes that Haywood v. Drown (2009) was incorrectly decided.

Reason

Further Thoughts on Justice Barrett's Recusal in Oklahoma Statewide Charter School Board v. Drummond

On Friday afternoon, the Supreme Court granted certiorari in Oklahoma Oklahoma Statewide Charter School Board v. Drummond, and the companion case, St.… The post Further Thoughts on Justice Barrett's Recusal in Oklahoma Statewide Charter School Board v. Drummond appeared first on Reason.com.

Reason

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The Oaths

Chief Justice Roberts issues the presidential oath to President Trump, and Justice Kavanaugh issues the oath to Vice President Vance.

Reason

The Supreme Court Justices Enter The Presidential Inauguration

I'm not sure why Justice Kavanaugh entered after the Chief Justice. There was some seniority mixup. The perfect caption for… The post The Supreme Court Justices Enter The Presidential Inauguration appeared first on Reason.com.

Reason

USA Today: "Liberals owe Justice Barrett an apology"

What do conservatives owe Justice Barrett's supporters?

Reason

Free Speech and Private Power: Function-by-Function Analysis and Permissible Nondiscrimination Rules

[I am serializing my short Harvard Law Review Forum essay titled "Free Speech and Private Power", responding to the Harvard Law Review's publication… The post Free Speech and Private Power: Function-by-Function Analysis and Permissible Nondiscrimination Rules appeared first on Reason.com.

Reason

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Was Justice Gorsuch thinking about Title IX in EMD Sales?

The FLSA case considers whether to apply the “preponderance of the evidence” standard or the “clear and convincing evidence” standard.

Reason

The Court Splits 5-4 on Docket Number 666

Chief Justice Roberts and Justice Barrett rule against Trump (again).

Reason

Justices Thomas, Alito, Gorsuch, and Kavanaugh Are Active on the Cert Docket

Justice Barrett remains the most gun-shy Justice.

Reason

Symmetry in Equal Protection, Fundamental Rights, and the Law of Democracy

My last post offered examples of areas where symmetry could help guide future doctrinal development. This final post on… The post Symmetry in Equal Protection, Fundamental Rights, and the Law of Democracy appeared first on Reason.com.

Reason

Read Trump campaign’s full complaint over Labour’s ‘foreign interference’ in US election

The letter, addressed to the electoral commission’s acting general counsel, was published onto Trump’s website on Tuesday

The Independent UK

Three Thoughts on the Stay Denial in West Virginia v. EPA

Today the Supreme Court denied the application for a stay in West Virginia v. EPA, a challenge to an EPA rule… The post Three Thoughts on the Stay Denial in West Virginia v. EPA appeared first on Reason.com.

Reason

The WSJ Story About Future Trump Judicial Nominees

The Wall Street Journal published an article titled, "Trump Loyalists Push for a Combative Slate of New Judges." The first… The post The WSJ Story About Future Trump Judicial Nominees appeared first on Reason.com.

Reason

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Reason

Second Amendment Roundup: The VanDerStok Argument

Whether ATF may criminalize conduct remains the central issue.

Reason

Man Indicted For Threatening To Lynch "Corrupt" Justice Thomas And His "Insurrectionist" Wife

There are consequences to the rhetoric about the Court from high ranking officials.

Reason

The Trump Leaks Are Far Worse Than The Dobbs Leak.

Knives are out for Chief Justice Roberts, and poor Justice Alito.

Reason

NY Times Big Reveals On Deliberations In Three Trump Cases

How did Roberts come to write Trump v. Anderson, Fischer v. United States, and Trump v. United States?

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Reason

Can Law Forbid Threatening Judges with Impeachment Because of Their Votes?

Donald Trump, Rick Perry, and more.

Reason

Severability on the Shadow Docket: SCOTUS Splits 5-4 On Whether Entirety of Title IX Regulations Must Be Enjoined

Justice Gorsuch joins the three dissenters on severability. What about Justices Thomas and Barrett?

Reason

Turning The Corner Post On Vacatur

Also, Judges Kacsmaryk and Ho seem vindicated on the statute of limitations to challenge mifepristone.

The Independent UK

Supreme Court faces new leak as inside info on Idaho abortion ruling is released

Report describes heated deliberations over whether to reverse decision on high-profile Idaho abortion ban case

Reason

Banana Splits

I appreciate the replies from Orin, Will, and Sam. We have very different conceptions on what role a scholar should play and what role a judge should play. My writings in this area are both retrospective and prospective. I look backwards to see what qualifications a judge had at the…

Reason

"I could carve a judge with more backbone out of a banana"

What stuff are the Court's middle three Justices made of?

Reason

Jarkesy Should Not Have Been So Easy For Justice Barrett

There are tensions between Jarkesy, CFPB, and Vidal.

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