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The Latest Breaking News from Scalia

Texas Sets Up Test Case For Arizona v. U.S.

Can the states detain an alien based on "reasonable suspicion of illegal entry or other immigration crime"?

Residential Picketing and Abortion

I've seen some people argue that the Supreme Court's objection to the picketing of Justices' homes about abortion is inconsistent with the Court's upholding the right to picket outside abortion clinics, or stressing the right to protest more broadly. It's worth noting, though, that bans on residential picketing have been…

The "Judges of Wisdom" and the "Mystical Aphorisms of the Fortune Cookie"

The Dobbs dissenters should have quoted that other passage from Justice Scalia about Justice Kennedy.

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read the most diverse news in one place.

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Scalia's "Prophecy" in Lawrence And The Joint Dissent in Dobbs

That awkward moment when Justice Breyer joins an opinion that criticizes his join in Lawrence.

Bruen, Originalism, and Post-Enactment Practice

What role should liquidation play in originalism?

Red Flag June Continues As Lemon Is Finally Interred

Justice Gorsuch stabs the final pencil into the Lemon Test.

The Decade From NFIB To Dobbs

A very unexpected path.

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A Scalia Clerk and A Stevens Clerk from OT 2007 Talk About Heller

"We think it’s clear that every member of the court on which we clerked joined an opinion — either majority or dissent — that agreed that the Constitution leaves elected officials an array of policy options when it comes to gun regulation"

Obscenity (Including as to Minors) and "the Work Taken as a Whole"

An isolated sexually themed passage, even a graphic one, doesn't make a work obscene.

Will Dobbs Be a Ticket Good for this Right Only?

What the Alito draft tells us about a possible future for same-sex marriage.

Don't Push A Pencil Through Lemon, Slice It In Half!

Will the Supreme Court finally overrule the Lemon test?

Who is Ketanji Brown Jackson?

Who is Ketanji Brown Jackson?

Ms Jackson is the first Black woman on the Supreme Court

The Independent UK

Who is Ketanji Brown Jackson?

Who is Ketanji Brown Jackson?

Ms Jackson would be the first Black woman on the Supreme Court

The Independent UK

Justice Kavanaugh Is Not Going To Lay A Hand On Employment Division v. Smith

Kavanuagh's concerns about the "compelling interest" test in RLUIPA do not bode well from him restoring that test to Free Exercise Clause jurisprudence.

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news in one place.

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Justice Kavanaugh on Strict Scrutiny

In many areas of constitutional law, the Court allows a constitutional right to be overcome when a restriction passes "strict scrutiny"—i.e. (to oversimplify slightly), when the government can show that restricting the right is the "least restrictive means" of serving a "compelling government interest." In some fields, such as free…

The Independent UK

Who is Ketanji Brown Jackson?

Ms Jackson would be the first Black woman on the Supreme Court

Scalia Law School Faculty Statement of Commitment to Open Dialogue and Debate

It's becoming increasingly clear that other law schools are dearly in need of a similar commitment

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