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The Latest Breaking News from Scalia

Justice Kavanaugh Lays Out His Roadmap In FCC v. Consumers' Research

Justice Kavanaugh parts ways with Justice Gorsuch on the non-delegation doctrine, but charts two paths for independent agencies.

Reason

Justice Kagan Rejects "Combination Theory" Claims For Separation of Powers Cases

"A meritless public non-delegation challenge plus a meritless private nondelegation challenge cannot equal a meritorious 'combination' claim."

Reason

"A Question of Remedy, not Redressability"

The DC district court issues an important decision in RAICES v Noem - the first in the new post-CASA legal universe

Reason

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The Chutzpah of Justice Kennedy Lecturing Us About Democracy on June 26

"Those who founded our country would not recognize [Justice Kennedy's] conception of the judicial role."

Reason

Free Exercise Clause Rights to Opt Children Out of Public School Lesson That "Substantially Interfer[e]" with Their Children's "Religious Development"

[1.] The Supreme Court has been debating the meaning of the Free Exercise Clause for over 60 years. One view… The post Free Exercise Clause Rights to Opt Children Out of Public School Lesson That "Substantially Interfer[e]" with Their Children's "Religious Development" appeared first on Reason.com.

Reason

Arkes: Is Skrmetti "The Best That Conservative Jurisprudence Can Really Serve Up Now, A Concurring Opinion in Buck v Bell?"

The conservatives "thought they were constrained from speaking by a jurisprudence that bars them from invoking truths beyond the text of the Constitution."

Reason

The Promise and Pitfalls of Justice Barrett's Skrmetti Concurrence

Justice Barrett rehabilitates Footnote 4, gives credence to Justice Kennedy's animus jurisprudence, and all but says that gays who were affected by a "legacy of de jure discrimination" are a suspect class.

Reason

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What Have We Learned about Justice Barrett? (Updated)

Perceptions of Amy Coney Barrett may have changed more than her jurisprudence or voting record.

Reason

Only Congress May Suspend the Writ of Habeas Corpus

Lessons from Hamdi v. Rumsfeld

Reason

Pro-Life Amicus Brief in Georgia Adult-Entertainment Case

Two pro-life groups and five law professors urge the Supreme Court to take up Georgia Ass'n of Club Executives v. Georgia.

Reason

Justice Jackson's Dissent in Department of Education v. California Treats The Federal Government Like Just Another "Party"

The dissenters no longer treat the federal government with solicitude as a coordinate branch of government.

Reason

Nearly Five Years Later, Justice Barrett's Memoir Has A Publication Date

"Listening to the Law: Reflections on the Court and Constitution"

Reason

The Best Defense of Justice Amy Coney Barrett: No One Else Could Have Been Confirmed To Replace RBG Before The Election

"Republicans couldn’t have filled the seat without Justice Barrett. Mitch McConnell knew this, and for that reason insisted that she needed to be the nominee."

Reason

Sixth Circuit Rejects Qualified Immunity for Kim Davis for a Third Time

The message that public officials are required to follow the law, even if they disagree with it, does not seem to have gotten through.

Reason

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Justice Thomas Calls Again for Overruling Hill v. Colorado

But though other Justices had expressed doubt about Hill before, only Justices Thomas and Alito noted their willingness to grant review in this case.

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

Judge Ho's Decision To Appoint Paul Clement In United States v. Adams (Updated)

This decision may not pan out for the court.

Reason

The Hughes Court Repudiated FDR In Humphrey's Executor, and the Roberts Court Will Repudiate Trump by Maintaining Humphrey's Executor

The separation of politics, not the separation of powers, will decide Wilcox v. Trump.

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Reason

Justice Thomas Is Not Happy with the Sixth Circuit (Again)

A dissent from the denial of certiorari in another Sixth Circuit Habeas case.

Reason

The Birthright Citizenship Executive Order

Much has been written about President Trump's executive order concerning birthright citizenship. I'll add a few thoughts here. First, this… The post The Birthright Citizenship Executive Order appeared first on Reason.com.

Reason

Prof. Michael McConnell on The Supreme Court's Religion Docket

I'm delighted to be able to pass along this item from my Stanford colleague Prof. Michael McConnell (Stanford Law School),… The post Prof. Michael McConnell on The Supreme Court's Religion Docket appeared first on Reason.com.

Reason

Second Amendment Roundup: The Second Amendment Dialogue at Fed Soc's National Convention

"Applying the Text and History Methodology to Looming Second Amendment Battles After Rahimi" was the topic of a session on… The post Second Amendment Roundup: The Second Amendment Dialogue at Fed Soc's National Convention appeared first on Reason.com.

Reason

Could President Trump Recess Appoint His Entire Cabinet Under Justice Scalia's Noel Canning Concurrence?

Would a person serving under the Vacancies Reform Act, who resigns, create a vacancy for purposes of the Recess Appointments Clause? Would a presidential adjournment of Congress be an inter-session or an intra-session recess?

Reason

An Interview with Judge James C. Ho

Q: Judge Amul Thapar of the Sixth Circuit recently criticized the law clerk hiring boycott that you and others launched… The post An Interview with Judge James C. Ho appeared first on Reason.com.

Reason

President Elect Trump's Tweet About Recess Appointments

I look forward to four more years of outrage based on misunderstandings of the Constitution.

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