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The Latest Breaking News from Gorsuch

Did Justice Jackson Lose The Majority In Landor To Justice Gorsuch?

I think Gorsuch was able to flip the majority and place the Court back on the path to policing the scope of the spending power and the Necessary and Proper Clause.

Reason

Authorship Predictions For The Remaining Cases

Today was a busy day at the Court. The Justices handed down five opinions, though none were major. I've read… The post Authorship Predictions For The Remaining Cases appeared first on Reason.com.

Reason

Cisco Slams The Door on ATS, and Perhaps All Other, Implied Causes of Action

A scholarly opinion from Justice Barrett with some punchy lines.

Reason

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Supreme Court Issues Terrible Takings Decision in Pung v. Isabella County

The Court ruled that local goverments may pay compensation far below fair market value for property seized in tax foreclosures.

Reason

Who Speaks For The Majority In Hunter v. United States?

The 8-member majority split 2-3-3.

Reason

A Slow Thursday At The Court

And a tour around town.

Reason

The Most Interesting Supreme Court Opinion Line-Up You Will See This Year

Leave it to the Rooker-Feldman doctrine to divide the justices in an unusual way.

Reason

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Did Justice Alito Lose The Majority Opinion In Hamm v. Smith?

It seems possible that the Chief Justice assigned the majority to Justice Alito, but something happened along the way, and Justices Kavanaugh and Barrett decided to DIG.

Reason

What Do Bruen, Dobbs, and SFFA Have In Common?

The Supreme Court issued landmark rulings that were resisted by lower courts, and the Supreme Court refused to intervene.

Reason

The Antipreemption Court

Another decision where the conservatives line up against federal preemption.

Reason

Let's Talk about Neal Katyal's TED Talk

He takes a shot at Michael McConnell as "that guy" and compares the Court's questions to Harvey AI.

Reason

Unanimous Supreme Court Affirms Standing to Challenge Subpoena for Info on Financial Supporters

The Court dispatches with an easy case the lower courts should have gotten right.

Reason

Loper Bright and Preemption

An unexpected roundabout in the Roundup case.

Reason

Justice Thomas Assigns Himself A Majority Opinion

The preemption case may affect the Roundup argument next week.

Reason

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Reason

Elizabeth Prelogar's Unexpected and Unusual Argument

The former Solicitor General did not sign any briefs but somehow popped up on the docket and argued the case.

Reason

Justice Sotomayor Opens Up About Her Colleagues

She blames her colleagues for the emergency docket situation, and faults Justice Kavanaugh for not knowing people who earn an hourly wage.

Reason

Justice John Marshall Harlan's Lecture Notes On Wong Kim Ark

An excerpt from my 2013 co-authored article on Harlan's constitutional law lectures.

Reason

A Short Take on Chiles v. Salazar

Another religious freedom case in a free speech guise

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Reason

Edited Version of Chiles v. Salazar for Barnett/Blackman supplement

I have finished editing Chiles v. Salazar for the Barnett/Blackman supplement. This is a fascinating case. Based on the lopsided 8-1 vote,… The post Edited Version of Chiles v. Salazar for Barnett/Blackman supplement appeared first on Reason.com.

Reason

Justice Harlan's Lectures Gets A Shout-Out In Birthright Citizenship Case

Justice Gorsuch twice referenced Justice Harlan's constitutional law lecture on Wong Kim Ark.

Reason

Judge Leon Blocked The East Wing Ballroom Based on Offended Observer Standing

After Alliance for Hippocratic Medicine, a claim for a purely "aesthetic injury" should fail.

Reason

What Took So Long In Chiles?

The 8-1 case was argued on October 7, and decided on March 31.

Reason

Conversion Therapy Bans, as Applied to Talk Therapy, Regulate Speech and Not Just Conduct

Justice Gorsuch's opinion for a nearly unanimous Court today in Chiles v. Salazar (only Justice Jackson dissented) struck down Colorado's… The post Conversion Therapy Bans, as Applied to Talk Therapy, Regulate Speech and Not Just Conduct appeared first on Reason.com.

Reason

It's Elementary, My Dear Watson

The 2000 and 2020 elections are still on the Justices' minds.

Reason

Justice Gorsuch's Recusal in Glynn Environmental Coalition v. Sea Island Acquisition

One of my favorite hobbies is scanning the Supreme Court's orders list and trying to figure out why a Justice… The post Justice Gorsuch's Recusal in Glynn Environmental Coalition v. Sea Island Acquisition appeared first on Reason.com.

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