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The Latest Breaking News from Alito

Is POTUS Or SCOTUS More To Blame In A "Clash Of Illegalities"?

Our expectations must be much higher for the unaccountable Supreme Court than the popularly-elected President.

Reason

Supreme Court Enjoins Summary Removal of Alleged Tren de Aragua Members under Alien Enemies Act

A majority of the justices seem unconvinced the Administration was prepared to provide the process that was due. Justices Alito and Thomas dissent.

Reason

The Latest: Supreme Court hears arguments in case over Trump’s birthright citizenship order

The Supreme Court is hearing its first set of Trump-related arguments in the second Trump presidency

The Independent UK

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Vice President Vance Will Look For SCOTUS Nominees With "Real Courage" Who Have "Stood Up To The Crowd"

Vance mentions Justices Thomas and Alito as exhibiting this courage, but none of the Trump appointees.

Reason

SCOTUS Permits Discharge In COVID and Transgender Cases

Comparing Navy Seals and Shilling.

Reason

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.

Reason

The Timing of the 5th Circuit's Ruling in A.A.R.P. v. Trump

The 5th Circuit and Supreme Court decided the case at *exactly* the same time.

Reason

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Process Formalism In Texas But Not At SCOTUS

Kudos to Judge Ramirez who understands how the rules of civil and appellate procedure operate.

Reason

Supreme Court Issues Unusual Order in Alien Enemies Act Deportation Case

The order temporarily blocks AEA deportations. It likely also reflects the Court's growing frustration with the Trump Administration.

Reason

White Lion Reverses Fifth Circuit Again By Narrowly Reading Record And Question Presented

It is very easy to reverse a court when you exclude virtually every argument from consideration.

Reason

VanDerStock is NetChoice Redux: A Sharply-Divided Court Threads The Needle With A "Facial Challenge" Analysis

The Court may have overruled Chevron, but it has just inadvertently created a far more powerful deference doctrine with Salerno, all in service of narrowly reversing the Fifth Circuit.

Reason

Second Amendment Roundup: Supreme Court Decides VanDerStok

Narrow decision leaves ATF regulation in limbo.

Reason

Justice Alito Calls To Reconsider Justice Scalia's Proudest Accomplishment

Even Nino nods on the Confrontation Clause.

Reason

Justices Alito and Gorsuch Would Like to Reconsider Crawford

Two decisions respecting a denial of certiorari suggest the Court should reconstruct Confrontation Clause jurisprudence.

Reason

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Reason

The Next Best Defense Of Justice Barrett: She May Disagree With Justice Thomas A Lot, But You Better Learn To Deal With It, Because She Will Be Here For A Long Time

On Monday, I wrote about Mike Fragoso's defense of President Trump's decision to appoint Justice Barrett. Fragoso has now published… The post The Next Best Defense Of Justice Barrett: She May Disagree With Justice Thomas A Lot, But You Better Learn To Deal With It, Because She Will Be Here…

Reason

"Specific Relief Against Sweeping Executive Decrees," from Prof. James Pfander (Northwestern)

I'm very glad to pass along this item from Prof. James Pfander about Department of State v. AIDS Vaccine Advocacy… The post "Specific Relief Against Sweeping Executive Decrees," from Prof. James Pfander (Northwestern) appeared first on Reason.com.

Reason

Why the Supreme Court's "Order" In The USAID Case Was An Advisory Opinion (Updated)

If the Court denies the writ or application, the Court cannot instruct the lower court.

Reason

Supreme Court Rejects Red State Attempt to Sue Blue States Over Climate Suits

Justice Thomas dissents from the Court's continued unwillingness to hear bills of complaint filed under the Court's original jurisdiction.

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Salon

Alito's USAID dissent is a map for Trump

The Supreme Court justice insists that President Trump can disregard federal law simply because he disapproves

Reason

What's Going on in the Freeze Case?

Nothing, at this point, to do with the merits of the underlying claim

Reason

FIRE Files Challenge to Texas A&M Drag Show Ban

From the motion for a TRO and preliminary injunction in Texas A&M Queer Empowerment Council v. Mahomes, just filed yesterday… The post FIRE Files Challenge to Texas A&M Drag Show Ban appeared first on Reason.com.

Reason

Neutral Principles for the Emergency Docket

The lower courts, which are issuing unappealing rulings, are inverting the Article III hierarchy. This Inferior Court Supremacy cannot stand.

Reason

See, I Told You So

One of my many thankless tasks is to criticize conservatives. In many regards, this work is more unpleasant than criticizing… The post See, I Told You So appeared first on Reason.com.

Reason

SCOTUS Denies Trump Administration Application to Stay District Court Order Blocking Pause of USAID Payments; Certiorari Sure to Follow

A pre-opinion release order divides the justices 5-4, but this may not preview the split on the merits.

Reason

There is Some Drama Brewing In San Francisco v. EPA

Today the Court decided one case, San Francisco v. EPA. As I predicted, the majority opinion was assigned to Justice Alito.… The post There is Some Drama Brewing In San Francisco v. EPA appeared first on Reason.com.

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